NOTICE OF PUBLIC MEETING CITY OF ALBANY CITY COUNCIL Council Chambers 333 Broadalbin Street SW Wednesday, August 22, :15 p.m.

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1 8/3:.,;;" ~~ ".' "" J]...~ v4/1jdihi} NOTICE OF PUBLIC MEETING CITY OF ALBANY CITY COUNCIL Council Chambers 333 Broadalbin Street SW Wednesday, August 22, :15 p.m. AGENDA 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. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. SCHEDULED BUSINESS 1. No person shall be disorderly, abusive, or disruptive of the orderly conduct of the meeting. 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 meeting. a. Continued Quasi-Judicial Public Hearing 1) AN and ZC-02-12: [Pages 1-33] a) Amending Ordinance No. 4441, which adopted the City of Albany Zoning Map, and adopting findings, conclusions, and conditions for properties located at 212 and 215 Expo Parkway NE. Action: ORD. NO. b) Proposing the annexation of properties located at 212 and 215 Expo Parkway NE and forwarding the question of annexation to the voters on the November 6, 2012, ballot. Action: RES. NO. b. Business from the Public c. Adoption of Resolutions 1) Accepting Albany s status as a Community Development Block Grant recipient. [Pages 34-36] Action: RES. NO. 2) Certifying to the Linn County Assessor that the properties located at the following addresses shall be exempt from property taxation: a) Oak Street SE. [Pages 37-39] Action: RES. NO. b) 515 Geary Street SE. [Pages and 40-46] Action: RES. NO. 3) Authorizing ongoing police vehicle lease contracts with Wire Works, LLC. [Pages 47-48] Action: RES. NO. d. Adoption of Consent Calendar 1) Approval of Minutes a) February 1, 2012, City Council and School Board Meeting. [Pages 49-55] b) April 23, 2012, City Council and Planning Commission Work Session. [Pages 56-59] c) June 27, 2012, City Council Regular Session. [Pages 60-66] d) July 9, 2012, City Council Work Session. [Pages 67-68] 2) Granting and accepting a street and utility right-of-way dedication from City of Albany. [Pages 69-74] RES. NO. 3) Accepting a franchise utility easement from First Church of God, an Oregon nonprofit corporation. [Pages 75-80] RES. NO. 4) Approving liquor licenses for: a) Apple Oregon, LLC, D/B/A Applebee s Neighborhood Grill & Bar, 1525 Geary Street SE. [Page 81] b) Kawang, Inc., D/B/A K-1 Chinese Restaurant, 637 NW Hickory Street, Suite 160. [Page 82] Action:

2 Albany City Council Page 2 of 2 August 22, 2012 e. Appointment 1) Appointing Javier Cervantes to the Human Relations Commission. [Pages 83-92] Action: f. Reports 1) Receiving Code Enforcement Team Fourth Quarter Report for Fiscal Year [Pages 93-94] Action: 2) November and December 2012 Council meeting dates. [Page 95] Action: 5. BUSINESS FROM THE COUNCIL 6. NEXT MEETING DATE: Work Session September 10, 2012 Regular Session September 12, ADJOURNMENT City of Albany Web site: The location of the meeting/hearing is accessible to the disabled. If you have a disability that requires accommodation, advanced notice is requested by notifying the City Manager s Office at , , or

3 TO: VIA: FROM: Albany City Council Heather Hansen, Planning Division Manager Mike Leopard, Infrastructure Analyst It DATE: August 15,2012, for August 22,2012, City Council Meeting SUBJECT: Continuation - Annexation and Zoning ofproperty at 212 and 215 Expo Parkway NE (Files: AN and ZC-02-12) This is a continuation ofthe public hearing opened on August 8, From August 8, 2012 memo... Overview On February 8, 2012 a pre-application meeting was held regarding the potential annexation and development of the subject properties. At the pre-application meeting 'it was discovered that the propelty owners had been using the subject property as an unapproved expansion to the Knox Butte RV Park in violation of the Linn County Land Development Code. Upon learning of the use, Linn County required the use to be discontinued. Subsequently, the propelty owners contacted the City about annexation of the propelty to make it eligible for development. The subject propelty consists of two parcels (Tax Lots 701 and 702) that contain approximately 3.5 acres. Tax Lot 702 has an existing single-family dwelli~g and a variety of accessory structures, and Tax Lot 701 is largely undeveloped, but does contain one outbuilding. The parcels form a single island ofunincorporated territoly surrounded completely by city limits. Initially, the propelty owners wished only to annex the larger parcel (Tax Lot 701) for expansion of the RV park, but Staff suggested that annexing both propelties and eliminating the island in total was more likely to be approved. In addition, most of the rightof-way needed to serve the proposed RV park expansion would need to come from the other property to the west (Tax Lot 702), which also suppolted the need to annex both parcels. A public hearing was held before the Planning Commission on July 16, Staff's recommendation to the Planning Commission included language in an Annexation Agreement which would require that, upon future development of either of the subject parcels, public right-of-way be dedicated for future extensions of Expo Parkway and Timber Street, as recommended in the TranspOltation System Plan; construction of Expo Parkway and associated public utilities be made to the north boundaly of the propelties; and, the existing dwelling on Tax Lot 702 be connected to public sanitmy sewer and water. The Planning Commission voted to recommend that the City Council forward the annexation to the voters, but with one modification to the, Staff recommendation - the existing dwelling on the propelty will not be required to connect to the public sewer and/or water systems until that parcel further develops in the future. Staff respectfully disagrees with this modification for reasons specified in the staff repolt and maintains the recommendation to require said connections at the time of development of either of the subject parcels. The attached Annexation Agreement includes the language regarding the connection requirement. If the City Council opts to follow the Planning Commission's recommendation, or makes a decision 1

4 City Council Memorandum Page 2 August 15,2012 that differs from the Staff recommendation, a new Annexation Agreement will be prepared with the necessaly language to support the City Council's decision. Ifyou have questions, please contact Mike Leopard before the meeting at or e mail me at mike./eopard@cityofa/bany.net. MAL Cc: Files: AN and ZC-02-l2 Mark Shepard, Public Works Director 2

5 ORDINANCE NO. _ AN ORDINANCE AMENDING ORDINANCE NO. 4441, WHICH ADOPTED THE CITY OF ALBANY ZONING MAP, AND ADOPTING FINDINGS, CONCLUSIONS, AND CONDITIONS FOR PROPERTIES LOCATED AT 212 AND 215 EXPO PARKWAY NE (AN and ZC-02-12) WHEREAS, the Albany Planning Commission recommended approval of the annexation and the proposed Zoning Map amendment following a public hearing on July 16,2012, for City of Albany File Nos. AN and ZC-02-12;. and WHEREAS, the Albany City Council held a public hearing, deliberated, and approved the concunent applications on August 8, 2012, at this Council meeting. NOW THEREFORE, THE PEOPLE OF THE CITY OF ALBANY DO ORDAIN AS FOLLOWS: Section 1: The propeliies affected by the Annexation and Zoning Map amendment are two parcels totaling approximately 3.45 acres. A legal description and map for the area are attached as Ordinance Exhibit A and Ordinance Exhibit B, respectively. Section 2: The Zoning Map designation ofthe property identified in the legal description in Ordinance Exhibit A is hereby amended from Linn County UGM-20 (Urban Growth Management - 20 acre minimum lot size) to City of Albany RM (Residential Medium Density). Section 3: The Findings of Fact, Conclusions of Law, and Conditions in the Staff RepOli attached as Ordinance ExhibitC are hereby adopted in suppoli ofthis decision. Section 4: A copy ofthe map showing the amendments to the Zoning Map shall be filed in the office ofthe Albany City Recorder and the changes shall be made on the official City of Albany Zoning Map upon annexation and passage ofthis ordinance on second reading. Section 5: A copy of the legal description of the affected properties and the map showing the amendment to the Zoning Map shall be filed with the Linn County Assessor's Office within 90 days after the effective date of this ordinance. This ordinance is effective upon proclamation ofthe annexation ofthe subject propeliy following voter approval on the November 6, 2012, ballot. If the voters do not approve the annexation on that date, this ordinance shall be void and be of no fmiher effect without the need for fmiher Council action. Passed by the Council: Approved by the Mayor: Effective Date: Upon proclamation ofannexation ATTEST: Mayor City Clerk 3

6 RESOLUTION NO. _ A RESOLUTION PROPOSING THE ANNEXATION OF PROPERTIES LOCATED AT 212 AND 215 EXPO PARKWAY NE AND FORWARDING THE QUESTION OF ANNEXATION TO THE VOTERS ON THE NOVEMBER 6, 2012, BALLOT THE CITY COUNCIL OF THE CITY OF ALBANY RESOLVES' as follows: That the subject property meets the review criteria for annexation as set forth in ADC and the findings and conclusions attached in Exhibit C are adopted; and NOW, THEREFORE, BE IT RESOLVED that this annexation, which would annex two parcels of approximately 3.45 acres located at 212 and 215 Expo Parkway NE, all within Linn County, Oregon, satisfies the legislative review criteria in ADC 2.115; and NOW, THEREFORE, BE IT FURTHER RESOLVED that this annexation is to be submitted to the legal voters of Albany, Oregon, for their approval or rejection pursuant to Albany City Charter Chapter 54 at an election to be held on November 6, The election will be conducted by mail-in ballot.. The ballot title ofthis measure and the form in which it shall be printed on the official ballot substantially will be as follows: CAPTION: QUESTION: MEASURE PROPOSING ANNEXATION OF PROPERTY AT 212/215 EXPO PARKWAY Shall the 3.45 acres, located at 212 and 215 Expo Parkway NE, be annexed? SUMMARY: Approval of this measure would annex approximately 3.45 acres to the city of Albany. The properties to be annexed are located at 212 and 215 Expo Parkway NE. The following described real property, located in Linn County, Oregon, shall be annexed to the city ofalbany upon obtaining a favorable majority vote ofthe people. The properties generally located at the north terminus ofexpo Parkway, north ofknox Butte Road, shown on Linn County Assessor's Map No. 11S-03W-04AC; Tax Lots 701 and 702, as further described in the attached legal description labeled Resolution Exhibit A qnd map labeled Resolution Exhibit B. The subject area contains approximately 3.45 acres. The City Clerk is authorized and directed to give notice ofthe submission ofthis question to the voters, including a copy of the complete text and the ballot title for the measure in the form in which it shall be printed on the official ballot and any other infolmation required by law to be published. That notice shall be published in not less than two successive and consecutive weekly issues ofthe Albany Democrat-Herald. DATED AND EFFECTIVE THIS 22ndDAY OF AUGUST 2012 ATTEST: Mayor City Clerk 4

7 ORDINANCE EXHffiIT A RESOLUTION EXHIBIT A LEGAL DESCRIPTION FILES AN-Ol-12/ZC A tract of land located in the Northeast one-quarter of Section 4, Township 11 South, Range 3 West, Willamette Meridian, Linn County, Oregon that is more particularly described as follows: Beginning at a 5/8-inch bolt bearing NOlih 89 39' West feet and South 00 05' West feet from the NOliheast corner of the Robert Houston DLC No. 38; thence South 00 05' East feet to a ll2-inch iron pipe; thence South 89 45'23" East feet; thence North 00 20'56" West feet; thence North '30" West feet to the point ofbeginning. Said area containing 3.45 acres, more or less. Basis ofbearing: Linn County Survey No ORDINANCE & RESOLUTION EXHIBIT A /AN-OI-12 & ZC-02-12/Page 1 5

8 ORDINANCE EXHIBIT B RESOLUTION EXHIBIT B LEGAL DESCRIPTION MAP AN-O1-12/ZC =.-mn,a'vv~ Mu99,OZ 00 N ~ g>ci 'CZ lu>- IDID COe: "-" 0Cf),[ij~ lu" COo 0c: c: ::J - ~ A.'" (0 co~ ~I N ('I) 0 co... ~ o '" C\I I +='0 3:: M C').9-N C a r->..- ~... UJ I-::J ~'". CO "<t Q)~ O)oe? OJ (Q E:Cci co to o~ o~z Z 0 C\I -0 ()~() co I UJo...J 0 C>Z ~«zo:::o ij ~ 0> ID I- (Q 1+-.~ ~ o C II)... C' "...J --..._ c N ~ :> '_ o 0> (J) (Leo 3:: 0> ~ C') N 0 (J) " Z I- A,9Z'ZBa V \.:,g0 00 S.BB'9v~ 3,9000 S co...j N C/) 1ii u.. o II) ~ 0 ~~ ORDINANCE & RESOLUTION EXHIBIT B /AN-Ol-12 & ZC-02-12/Page 1 6

9 ~~ljj ORDINANCE EXHIBIT C Community Development Department ca't'!lyticf 333 Broadalbin Street SW, P.O. Box 490 Phone: (541) Facsimile: (541) Albany, OR STAFF REPORT Annexation and Zoning Map Amendment (AN-Ol-12 and ZC-02-12) HEARING BODIES HEARING DATE HEARING TIME HEARING LOCATION PLANNING COMMISSION ALBANY CITY COUNCIL Monday, July 16,2012 Wednesday, August 8, :15 p.m. 7:15 p.m. Council Chambers, Albany City Hall, 333 Broadalbin Street SW EXECUTIVE SUMMARY On February 8, 2012 a pre-application meeting was held regarding the potential annexation and development of the subject properties. In the pre-application meeting it was discovered that the property owners had been using the property as an expansion of the RV park (Knox Butte RV Park) to the south in violation ofthe Linn County Land Development Code. When Linn County became aware ofthe use, they required the property owner to cease using the property for this purpose. The property owner has indicated that they wish to have the subject properties annexed in order to be. eligible to construct an expansion ofthe existing RV parle One ofthe parcels is currently developed with one single-family dwelling (Tax Lot 702) with accessory structures, and the other parcel (Tax Lot 701) is largely undeveloped with an out-building, but no dwelling. The City is proposing a concurrent zoning map amendment that, if the annexation is approved, would zone the property RM (Residential - Medium Density). If annexed, the proposed expansion of an RV park on the property would require a Conditional Use permit approval. The property owner has submitted a Conditional Use application for the RV park expansion. Approval of the annexation of the property does not necessarily mean that the proposed RV park expansion will be approved. GENERAL INFORMATION DATE OF REPORT: FILE: TYPE OF APPLICATIONS: REVIEW BODIES: STAFF REPORT PREPARED BY: PROPERTY OWNER: APPLICANT: ADDRESS/LOCATION: MAP/TAXLOT: August 1,2012 AN and ZC Annexation and Zoning ofproperty located at 212 and 215 Expo Parkway NE Planning Commission and City Council Mike Leopard, Infrastructure Analyst Wanda Scheler, Tr. 125 Expo Parkway NE, Albany, OR Annexation: Wanda Scheler, Tr. Zoning: City ofalbany 212 and 215 Expo Parkway NE; Albany, OR Linn County Assessor's Map No. lls-03w-04ac; Tax Lots 701 and 702 ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 1 7

10 CURRENT ZONING: TOTAL LAND AREA: EXISTING LAND USE: EXISTING COMP PLAN DESIGNATION: SURROUNDING ZONING: SURROUNDING USES: PROPOSED ZONING: Linn County UGA-UGM-20 (20 acre min.) 3.45 acres Single-family dwelling (Tax Lot 702); undeveloped, but with outbuildings (Tax Lot 701) Residential- Medium Density North: South: East: West: RM (Residential Medium Density) RM (Residential Medium Density) RM (Residential Medium Density) RC (Regional Commercial) Single-family residential on large lots to the north, west, and east; RV park to the south; apartments to the southeast. RM (Residential- Medium Density) REASON FOR ANNEXATION The applicant wishes to have the subject property annexed to make it eligible for expansion ofthe existing Knox Butte RV Park. NOTICE INFORMATION. On June 25, 2012, notice ofthe public hearing for this project was mailed to property owners within 300 feet of the subject property. As ofthe date this staff report was completed, staff had not received any written comments on this project. The subject property was posted with signs on June 26,2012. PLANNING COMMISSION RECOMMENDATION On July 16, 2012, the Albany Planning Commission voted to recommend that the City Council approve the annexation ofthis property located on Expo Parkway NE. The Planning Commission's recommendation included a modification to the original StaffRepOli that would allow the annexation ofthe propeliies without a requirement that the existing dwelling on Tax Lot 702 be connected to public sanitary sewer and water at the time of future development, as a condition ofannexation. The Planning Commission also recommended that, upon voter approval of the annexation, this same property be given a City zoning designation ofrm - Residential Medium Density. STAFF RECOMMENDATION Staff recommends that the City Council place the question of annexation on the November ballot. Further, staff recommends that the Council require the existing dwelling on the property to connect to public sanitary sewer and water facilities upon future development on either ofthe subject properties, should the annexation be approved by the voters. Because city utilities do not currently extend through the subject propelties, staff is recommending that the required connections be defen-ed until which time as development occurs on either parcel. Such development will require that these public utilities be extended through the property; making connections timely. Staff has discussed the issue of requiring existing development in the county to make connection to the public sanitary sewer and water systems as a condition of annexation. The Albany Development Code's language pertaining to "new development" within the City requires all new development, including single-family dwellings, to connect to the sewer and water systems. The Albany Municipal Code (AMC ) authorizes the City to require all property within 300 feet of a public sewer with buildings normally inhabited by people to connect to the public sewer system. Linn County codes and Oregon Administrative Rules also appear to ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 2 8

11 encourage the use ofpublic facilities to promote public health and to protect water quality. These requirements imply that the City (and other agencies) has a desire to see all development connected to public utilities. Staff believes that such requirements on "new development" in the city should be interpreted to include those properties with existing development wishing to annex to the city. Not making such a requirement for this proposed annexation could seta precedentfor any subsequentannexation requests. Therefore, unless the Council believes that any future annexation of existing developed property should be allowed to continue usage of private well and septic systems once annexed to the City, Staff believes that a condition for such connections shouldbe made for this case, and future similar cases. SUGGESTED COUNCIL ACTION Passage of the attached ordinance would approve the annexation request and change the zoning of the subject property from Linn County UGM-20 to City of Albany RM, if the annexation is approved by the voters. (Second reading ofthe ordinance mayoccur at a subsequent City Council meeting should the annexation be approved by the voters.) Passage of the attached resolution would forward the question of annexation of the properties located at 212 and 215 Expo Parkway NE to the voters on the November 6, 2012, ballot. ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 3 9

12 FINDINGS AND CONCLUSIONS ANNEXATION FILE AN-Ol-12 INTRODUCTION Ori January 11,2006, the City Council adopted modified procedures for voter-approved annexation in the City of Albany. These procedures are detailed in Aliicle 2 of the City of Albany Development Code (ADC ). Listed below are findings and conclusions that address the review criteria as specified in the Development Code. Review criteria are listed in bold italics and are followed by findings and conclusions. The following abbreviations are used in these findings: "ADC" means Albany Development Code, available online and in the office of the Albany Community Development Department. "OAR" means Oregon Administrative Rules, available online. "ORS" means Oregon Revised Statutes, available online. A. Eligibility Criteria (ADC (1)). The City Council shall determine that property is eligible for annexation based on thefollowing criteria: (a) The property is contiguous to the existing city limit; and (b) The property is located within the Albany Urban Growth Boundmy as established by tlte Albany Comprehensive Plan. FINDINGS OF FACT: AI. The subject properties are two parcels totaling approximately 3.45 acres, and form an island of unincorporated territory surrounded by city limits (See StaffReport Attachment A.) A2. Plate 1 ofthe City's Comprehensive Plan shows the Urban Growth Boundmy (UGB). The subject parcel is within the UGB. CONCLUSION A 1. This criterion is met because the property proposed for annexation is contiguous with the existing city limits and is within the Albany UGB. B. Infrastructure Criteria (ADC (2)). The City shall determine that it is timely to annex pl'operty based on thefollowing criteria: (a) An adequate level of urban services ami infrastructure is available, or will be made available in a timely manner. (b) As used in this section: i. ('Adequate level" means conforms to adoptedplans and ordinances. ii. ((Urban services" meanspolice, fire, and other City-provided services. iii. iv. ((Infrastructure" means sanitmy sewer, water, storm drainage, andstreets. ((Be made available in a timely manner" means that improvements neededfor an adequate level of urban services and infrastructure will be provided at the time and place needed to serve the anticipated development. Improvements may be secured by a development agreement, annexation agreement, or other funding mechanism that will place the primmy economic burden on the territory proposedfor annexation and not on the City ofalbany generally. ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 4 10

13 FINDINGS OF FACT Bl. City utility maps showthat an 8-inch public water main cultently exists in Expo Parkway NE, terminating at the south boundary of the subject parcels. The existing structures on the property are not connected to the public watersystem, but are served bya private well. City utility maps show that an 8-inch public sanitary sewer main currently exists in Expo Parkway NE, terminating at the south boundary of the subject parcels. The existing dwelling on the property is not connected to the public sewer system, but is served by a private septic system. ADC states: All new development, including a single-family residence, must extend and connect to the public water system when service is available within 150 feet ofthe property. ADC states: All new development must extend and connect to the public sewer system when service is available within 300 feet ofthe property. While the dwelling on the property already exists, it can be considered "new" development in the City. Because public water and sanitary sewer services are available to the propeliy, the house should be required to connect to the city's water and sewer systems as a condition of annexation. If the required public water and sanitmy sewer system improvements were already in place along the frontage ofthe subject propeliy, staffwould recommend that the existing dwelling be required to connect to the water and sewer systems immediately upon annexation. Staff recommends that the timing ofthe required connection be tied to future development on the subject parcels. When either ofthe subject parcels is developed further, staff recommends that the extension of Expo Parkway and the associated public utilities be required, and the existing dwelling be connected to public water and sewer.. The private septic system must be abandoned according to state and county regulations at the time of the connection. B2. The City's Water Facility Plan (2004) shows no system deficiencies in this area. An existing system of large diameter water mains along Century Drive NE, Knox Butte Road NE, Clover Ridge Road NE, and BernardAvenue NE/SomersetAvenue NE, covers the recommendedfacility plan projects for this area. B3. Linn County Land Development Code - Chapter Domestic water supply (B) There are impoliant concerns about ground water quality and quantity in Linn County. The reliability of some foothill aquifers is unknown and other aquifers on the valley floor have been found to be vulnerable to contamination. Steps to assure safe drinking water supplies are needed for documented problem areas. B4. Linn County Land Development Code - Chapter Public facilities policies (2) Cities are the preferred providers ofurban levels ofservice, especially sewer and water service. (5) Linn County shall investigate the need to protect and conserve ground water and whether areas with identified problems warrant the establishment ofground water protection measures. B5. AMC (1) states: All property with buildings or structures normally used or inhabited by people and such property is located within 300 feet ofa sanitmy sewer shall be required to have or make a connection to such sewer. B6. The City's Comprehensive Plan - Chapter 6 (Goal 11: Wastewater System) recommends: ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 5 11

14 Encourage Linn and Benton County to advise property owners within the urban growth boundary who propose to install new or replacement septic systems that they may be required to hook up to sanitary sewer when their property is annexed to the city even if there are no documented problems with the existing system. B7. Linn County Land Development Code - Chapter Publicfacilities (A) Public facilities and services promote the public health, safety, and welfare, and protect air, land, and water quality. (C) One purpose of land use planning is to help assure that the capacity ofman-made and natural systems will not be exceeded. Urban densities put pressures on the environment through wastes that can threaten air, land, and water quality. The key facilities including water systems, sewer systems, storm drains, and solid waste disposal sites are needed to protect the environment and maintain the quality of life of areas at urban densities. Public facilities are ful11ished through user fees and taxes levied upon the communities served. B8. OAR (10) states: "Future connection to sewerage system. Placement of plumbing in buildings to facilitate connection to a sewerage system is encouraged in areas where a district has been formed to provide sewerage facilities. " B9. The applicant submitted a plan/drawing depicting the "existing conditions" on the subject property, with respect to the existing well and septic system locations. This plan indicates that the existing septic system is located near the notih boundaty of Tax Lot 702, approximately 30 feet from the east boundaty of the propetiy. Anticipated right-of-way dedication for the northern extension ofexpo Parkway will be at least 50 feet ofthe easternmost poliion ofthis parcel. The actual construction ofthe Expo Parkway extension upon development of either ofthe two subject parcels will almost certainly extend into the area where the septic system lies, effectively making the septic system unusable. B 1O. The City's Wastewater Facility Plan (1998) indicates that there are no system deficiencies downstream of this site. B11. Expo Parkway NE was improved to partial City standards in 1996 in conjunction with the development of the Knox Butte RV park. A 15-inch public storm drainage main exists in Clover Ridge Road along the property's frontage. Burkhati Creek is the main drainage feature in this area. Storm drainage facilities in Expo Parkway NE collect stormwater from the street and the RV park and carry the runoffto the creek. B12. The City's Storm Drainage Master Plan (1988) indicates that the subject properties lie entirely within the Burkhart Creek drainage basin. The Plan shows no capacity deficiencies within, adjacent to, or downstream of the subject parcels. The 1988 plan indicates that the main channel of Burkhart Creek is sufficient to carry the 100-year storm flows. B 13. B 14. Propetiy owners are financially responsible for public infrastructure along their frontages or through their propetiies, as needed for system expansion. Extension ofthe infrastructure across the frontage or through the propetiy makes the system available to adjacent propetiies. Then, when the adjoining property connects, that propetiy owner must extend the infrastructure in a similar manner, making the sewer available to the next properties. In this way, each property owner shares proportionately in the cost of extending public infrastructure. The subject parcels currently have access to Expo Parkway NE from a private driveway that connects to the north end ofthe public street. Expo Parkway is classified as a major collector street in Albany's TSP and is partially improved to City standards with curb and gutter and sidewalks on the east side of the street, a travel lane in each direction, and storm drainage improvements. ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 6 12

15 B15. Albany's Transp01iation System Plan (TSP) identifies two streets being extended in a north/south direction across this annexation area. When developed, access to the site will be provided by those two streets. The TSP shows Expo Parkway, a major collector street, being extended across the western p01iion of this annexation area. The extension is listed as project L17 in the TSP. The TSP shows Timber Street, a minor collector street, being extended across the eastern portion ofthis annexation area. The extension is listed as project LI8 in the TSP. The majority ofthe required Expo Parkway right-of-way dedication will come from the western parcel (Tax Lot 702) which contains the existing residence. Development ofeither Tax Lot 701 or Tax Lot 702 will require the right-of-way dedication and construction of street and utility improvements. This ties the two parcels together in terms of future development. In order for Tax Lot 702 to develop, it will be necessary for the owner of Tax Lot 702 to dedicate sufficient right-of-way for the extension of Expo Parkway. In addition, because the existing private septic system on Tax Lot 701 is located in the area of the future Expo Parkway extension (according to information submitted by the property owner), the existing dwelling on the parcel will be required to abandon the private septic system and connect to the public sewer system before the public street improvements can be made. B13. Section of the Albany Development Code allows the City to impose conditions for the dedication and construction ofpublic street improvements within and adjacentto new development. B14. Adequate public water flow for fire protection is currently available in this area. Because the subject propeliy is an existing "island" of unincorporated territ01y, there are propeiiies on all sides that are currently within the city limits and are being served by the City's Fire Department. In addition, the areas that are not yet within the city limits are served by the Albany Fire Depmiment through a rural fire protection district. B 15. Because the subject propeliy is an existing "island" of unincorporated territ01y, there are propeliies on all sides that are currently being served by the City's Police Depmiment. Police service to this property would be a logical extension ofthe current patrol boundaries. CONCLUSIONS B1. Public sanitmy sewer, water, and storm drainage facilities extend to the nmih tenninus of Expo Parkway at the south boundmy ofthe subject propeliies. Future development onthe subject properties will require the extension of these public utilities within the extension of Expo Parkway across the subject propeliies at the time ofdevelopment. B2. Albany's TSP shows two collectorroads being extended across this site. Expo Parkway will be extended across the westernp01iion ofthis site, and Timber Streetwill be extended across the eastern portion ofthe site. The roads will be needed to provide the site with access when developed. B3. The transp01iation facilities neededto allow the site to develop can be made available in a timely manner by conditioning a future development on the siteto make the improvement. B4. Fire service is already provided to this parcel bythe City through a fire district, and public waterfacilities are in place to serve the area. The subject property is within an "island" and is surrounded by properties that are in the city limits. Propeliies sul1'0unding this site are served by the City's fire and police depatiments, so the addition of this parcel to the city limits would be a logical extension ofthe CUlTent service boundaries. B5. State, County, and City codes/regulations encourage the connection of development to public sanitmy sewer systems, rather than private on-site septic systems. ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 7 13

16 B6. Public facilities and services promote the public health, safety, and welfare, and protect air, land, and water quality. Urban densities put pressures on the environment through wastes that can threaten air, land, and water quality. The key facilities including water systems, sewer systems, storm drains, and solid waste disposal sites are needed to protect the environment and maintain the quality of life of areas at urban densities. B6. The existing dwelling on the property will be required to connect to the public sanitary sewer and water systems when either of the subject parcels is further developed and the Expo Parkway extension and utilities are constructed. CONDITIONS B1. The applicant shall enter into an Annexation Agreement (Staff Report Attachment E) obligating the proposed annexation area to dedicate right-of-way and construct collector street improvements as shown in Albany's Transportation System Plan upon development ofthe property. B2. The applicant shall enter into an Annexation Agreement obligating the proposed annexation area to construct public utility improvements within the required public rights-of-way upon development of the property. B3. The applicant shall enter into an Annexation Agreement obligating the property owner oftax Lot 702 to connect the existing dwelling to public sanitary sewer and water at the time the public utility improvements are constructed in conjunction with the Expo Parkway extension, when either of the subject parcels is developed. C. Planning Criteria. (ADC (3» The City shall determine that adequate planning has occurred based 011 thefollowing criterion: Sufficientplanning andengineering data have been provided, andnecessmy studies andreviews have been completed such that there are Ito significant unresolved issues regarding appropriate Comprehensive Plan and implementing ordinances. Examples of needed studies may include public infrast1'llcture plans, buildable lands inventories, area refinement plans, or any task in an approved work programf01' Periodic Review. FINDINGS OF FACT Cl. This annexation request is for two parcels totaling 3.5-acres. The Comprehensive Plan Map designation for this property is Medium Density Residential (Staff Rep0l1 Attachment B). The City is proposing a concurrent zone change for the subject propeliy that would result in a City of Albany zoning designation ofrm (Residential- Medium Density). This zoning designation would match that ofadjacent properties that lie within the city limits. It is anticipated that the prope11ies to the west and to the south that are cultently in the County would also be zoned RM when they are annexed. C2. Public infrastructure facility plans that deal with this area include: Water Facility Plan (2004); Wastewater Facility Plan (1998); Storm Drainage Master Plan (1988); Transportation System Plan (2010). C3. Recent work done as pm1 of the City's Periodic Review has resulted in a change to the Comprehensive Plan designation of the area along Clover Ridge Road south of Dunlap Avenue from Low Density Residential to Medium Density Residential. C4. The Local Wetlands Inventory for the East 1-5 area (1997) and the recent Goal 5 work show no wetlands on this parcel. The Goal 5 natural resources study does indicate that a small sliver ofthe southwest corner ofthe property is within the Riparian Corridor overlay (StaffRep011 Attachment D). ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 8 14

17 CONCLUSIONS Cl. This criterion is met because of the information provided in the various studies and plans covering this area. D. Reasonableness (ADC (4). The City Council shall determine that the proposed annexation is reasonable. FINDINGS OF FACT Dl. The subject parcels form an existing "island" ofunincorporated territory su11'ounded by the city limits. D2. City sewer and water facilities are available to the south boundaries of the subject parcels in the Expo Parkway NE right-of-way. CONCLUSIONS D 1. The proposed annexation would eliminate an existing island of unincorporated territoly.. ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 9 15

18 FINDINGS AND CONCLUSIONS ZONING MAP AMENDMENT FILE ZC The Albany Development Code (ADC ; 2.740) includes the following review criteria which must be met for this application to be approved. Code criteria are written in bold italics and are followed by findings and conclusions. Zoning Map amendments will be approved if the Council finds that the applicant has shown that all of the following criteria are met: A. (ADC (1)) Tlte proposed base zone is consistent witlt tlte Compreltensive Plan map designation for tlte entire subject area unless a Plan map amendment Itas also been appliedfor. FINDINGS OF FACT A.l. A.2. A.3. Staff is recommending that the Zoning Map designation of the subject parcel be changed from Linn County UGA-UGM-20 (Urban Growth Management - 20-acre minimum lot size) to City of Albany RM (Residential- Medium Density). (StaffReport Attachment C) The current Comprehensive Plan designation of the property where the Zoning Map amendment is proposed is Residential- Medium Density. The Plan Designation Zoning Matrix in the Development Code (ADC 2.760) shows that the proposed RM zone is consistent with the Residential- Medium Density Comprehensive Plan Map designation. CONCLUSION A.I. This criterion is met because the proposed City zoning designation is compatible with the existing Comprehensive Plan designation on the subject property. B. (ADC (2)) Existing or anticipatedtransportationfacilities are adequatefor lises titat are permitted linda tlte proposed zone designation. FINDINGS OF FACT B.I. B.2. B.3. BA. B.S. The property where the map amendment is proposed is located west of Clover Ridge Road, at the nolih telminus ofexpo Parkway, approximately 620 feet north ofknox Butte Road. The propetiy has a single-family residence and a variety ofaccessory structures on the two parcels. The propeliy currently has direct access to Expo Parkway via a private driveway. Expo Parkway is classified as a major collector street in Albany's TSP and is paliially improved to City standards with curb and gutter and sidewalks on the east side of the street, two travel lanes, and storm drainage improvements. Albany's Transportation System Plan (TSP) identifies two streets being extended in a north/south direction across this area. When developed, access to the site will be provided by those two streets. The TSP shows Expo Parkway, a major collector street, being extended across the westem portion ofthis area. The extension is listed as project LI7 in the TSP. The TSP shows Timber Street, a minor collector street, being extended across the eastern poliion ofthis area. The extension is listed as project LIS in the TSP. ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 10 16

19 CONCLUSIONS B.l. B.2. B.3. Albany's TSP shows the need for two collector roads to be extended across this site. Expo Parkway will be extended across the western portion ofthis site, and Timber Street will be extended across the eastern portion of the site. The roads will be needed to provide with site with access when developed, as well as to provide adequate traffic circulationto properties north ofknoxbutteroad. Future development on the subject properties will likely require the dedication of public right-of-way for the needed extensions ofexpo Parkway and Timber Street, and the possible construction ofone or both of these streets through the site. This review criterion is met. C. (ADC (3») Existing 01' anticipated services (water, sanitmy sewers, storm sewers, schools, police andfire protectioll) can accommodate potential development within the subject area without adverse impact on the affectedservice area. Sanitaty Sewer C.l. C.2. City utility maps show that an 8-inch public sanitmy sewer main currently exists in Expo Parkway NE. The existing structures on the property are not connected to the public sewer system, but are served by a private septic system. The City's Wastewater Facility Plan does not show any collection system deficiencies downstream ofthe subject property. C.3. City utility maps show that an 8-inch public water main currently exists in Expo Parkway NE. The existing structures on the property are not connected to the public water system, but are served by a private well. CA. The City's Water Facmty Plan (2004) shows no system deficiencies in this area. An existing system of large diameter water mains along Centmy Drive NE, Knox Butte Road NE, Clover Ridge Road NE, and BernardAvenue NE/Somerset Avenue NE, covers the recommended facility plan projects for this area. Storm Drainage C.5. C.6. Expo Parkway NE was improved to partial-width City standards in conjunction with the development of the RV park in A 12-inch public storm drainage main exists in Expo Parkway. Burkhart Creek (south ofthe site) is the main drainage feature in this area. Storm drainage facilities in Expo Parkway NE collect stormwater from the road and adjacent parcels and carty the runoffto the creek. The City's Storm Drainage Master Plan (1988) indicates that the subject properties lie entirely within the Burkhart Creek drainage basin. The Plan shows no capacity deficiencies within, adjacent to, or downstream ofthe subject parcels. The 1988 plan indicates that the main channel ofburkhart Creek is sufficient to carty the 100-year storm flows. It is likely that any future development on the site that is more extensive than a single-family house or duplex would be required to provide on-site detention of storm water. ORDINANCE EXHIBIT C - STAFF REPORT /AN-OI-12 & ZC-02-12/Page 11 17

20 Schools C.7. The proposed zoning of the. property to RM would allow for multi-family development up to approximately 25 units per acre. The Greater Albany Public School system already serves this area, and a new school has recently been constructed in this vicinity. Any new residential development on the site would be obligated to pay school System Development Charges. Police and Fire Protection C.S. C.9. The Albany Police Department and Fire Department provide services to all development within the City ofalbany. When a property is annexed, these departments will provide service to the property regardless of its zoning designation. There are adequate public water facilities in this area for firefighting purposes. CONCLUSIONS C.l. C.2. The public sanitary sewer, water, and storm drainage systems in this area have the capacity to serve future development on the property thatwould be allowed in the RM zoning district. This review criterion is met. D. fadc (4» The intent and plllpose of the proposed zoning district best satisfies the goals and policies ofthe Comprehensive Plan. D.l. D.2. D.3. The current zoning designation of the property where the Zoning Map amendment is proposed is UGA UGM-20 (Urban Growth Management - 20-acre minimum lot size). The proposed zoning would result in approximately 3.45 acres ofrm (Residentia1- Medium Density). The RM zone allows for a variety ofuses including multi-family development. The number ofdwelling units in a multi-family development is typically determined by the size ofthe parcel, and the area required for parking, outdoor space, setbacks, etc. Other types of development or redevelopment on the subject property may occur under this zoning designation, as specified in the Albany Development Code. Most types of development (more intense than a single-family home or duplex) would require land use review and approval. There is an existing single-family dwelling on Tax Lot 702. A variety of other accessory structures and out-buildings exist on the two parcels. The applicants have submitted applications to expand the existing RV park onto Tax Lot 701. E. ADC2.740 (5») The land use and tmnspol'tation pattems recommended in any applicable Citycontmcted orfunded land use or tmnsportation plan or study have been followed, unless tlte applicant demonstmtes good causefor the departure from tlte plan or study. FINDINGS OF FACT E.l. E.2. All public infrastructure is in place at the south boundary of the subject properties, and has been constructed based on anticipated zoning, land uses, and transportation pattems for the area. Development on either of the subject properties will require the extension of Expo Parkway and associated public infrastructure (street, sewer, water, and storm drainage) to the nolth through the propelties. These improvements will be assured by language included in the associated Annexation Agreement. ORDINANCE EXHIBIT C-STAFF REPORT /AN-OI-12 & ZC-02-12/Page 12 18

21 CONCLUSION: E.!. With the applicable language in the attached Annexation Agreement (see StaffRepOli Attachment E), this review criterion is met. F. ADC2.740 (5» RELEVANT GOALSAND POLICIES The following Comprehensive Plan goals and policies are relevant in considering whether the proposed RM (Residential - Medium Density) zoning designation best satisfies the Goals and Policies of the Comprehensive Plan. Goals and policies are listed below in bold italic print, followed by findings of fact and conclusions. GOAL 1 (Chapter 9): CITIZEN INVOLVEMENT Goal: Ensure that local citizens and other affected groups, neighborhoods, agencies, andjurisdictions are involvedin evely phase ofthe planningprocess. Policy 2: When making land use and otherplanning decisions: a. Actively seek inputft'om allpoints ofview ft'om citizens and agencies and assure that interested partiesft'om all areas ofthe Urban Growth Boundmy have the opportunity to participate. b. Utilize allcriteria relevant to the issue. c. Ensure the long-range interests ofthe generalpublic are considered. d. Give particular attention to inputprovided by the public. e. Where opposing viewpoints are expressed, attempt to reach consensus where possible. Policy 3: Involve the general public in the use, evaluation, andperiodic review and update ofthe Albany Comprehensive Plan. Policy 4: Ensure information is made available to the public concerning development regulations, land use, and other planning matters, including ways they can effectively participate in the planning process. F.I The City of Albany's Comprehensive Plan and Development Code provide requirements for citizen involvement in the decision-making process for Zoning Map amendments. Zoning Map amendments are processed as Type N land use decisions with notice to affected parties, including sultounding propeliy owners and affected govemment agencies. Public hearings before the Planning Commission and City Council are held. Notice ofthe public hearings is posted on the subject property. The City's Comprehensive Plan and Development Code, including the processes for citizen involvement, have been acknowledged by the Land Conservation and Development Commission (LCDC) as consistent with statewide planning goals. F.2 People who are notified of the public hearing are invited to submit comments or questions about the application prior to the hearing or at the hearing. Review ofthe application is based on the review criteria listed in the Development Code. The purpose of the public hearing is to provide the oppoliunity for people to express their opinion about the proposed changes, and where opposing viewpoints are expressed, to tty to reach consensus. The Planning Commission and City Council facilitate this process at the public hearings. GOAL 5 (Chapter 1): OPEN SPACES, SCENIC & HISTORIC AREAS, & NATURAL RESOURCES VEGETATION AND WILDLIFE HABITAT Goals: 1. Ensure native vegetation remains an integralpart ofalbany's environment. ORDINANCE EXHIBIT C - STAFF REPORT /AN-Ol-12 & ZC-02-12/Page 13 19

22 2. Protect and enhance significant wildlife habitat in the ll1'ban growth boundary. 3. Balance compact developmentpatterns with natural resource protection. Policy 1: Protect existing vegetation thatpossesses significant environmental, wildlife andfish habitat, aesthetic qualities, or educational and recreational values, particularly along the Willamefte and Calapooia Rivers, theirtributaries, andassociatedfloodplains, wetlands, anddrainageways. Policy 2: Encourage the protection of trees ofsignificant size that represent a visual and aesthetic resource to the community and recognize that the vegetation resources ofalbany's Historic Districts are an important element ofalbany's historic and culluralheritage. Policy 3: Where possible, retain the environmental and aesthetic qualitiesofexisting wooded areas by incolporating them into public parks and open space plans, and ensure the maximum preservation of vegetation during the development review and construction process. F.3 Comprehensive Plan Plate 3: Natural Vegetation and Wildlife Habitat, shows no areas of significant vegetation and/or wildlife habitat on the property. GOAL 5 (Chapter 1): WETLAND RESOURCES Goal: Protect wetlands to ensure their continued contribution as natural areas, open space, wildlife and vegetative habitat, andstorm water retention andconveyance. FA Comprehensive Plan Plate 6: Wetland Sites, does not show any wetlands on the property. The National Wetlands Inventory and the East 1-5 Wetlands Inventory and the Goal 5 Natural Resources overlay show no wetlands on the property. A small sliver of riparian corridor overlay exists on the southwest corner of the subject property. Any future development on the property must either avoid the overlay area, or submit for a Natural Resource Impact Review permit and comply with the standards in Article 6 of the Albany Development Code. GOAL 10 (Chapter 4): HOUSING Goals: 1. Provide a variety ofdevelopment andprogram opportunities that meet the housing needs ofall Albany's citizens. 2. Create a city ofdiverse neighbodloods where J'esidents can find and afford the values they seek. Policy 1: Ensure an adequate supply ofresidentially-zoned land in areas accessible to employment and public services. Policy 11: Promote the conservation ofexisting housing by supportingprograms that rehabilitate and upgrade substandard and deteriorating units. F.5 The subjectproperty is located in anarea thatis accessible to employmentand public services. F.6 All city services are available to serve a residential development in this area. ORDINANCE EXHIBIT C - STAFF REPORT /AN & ZC-02-12/Page 14 20

23 GOAL 12 (Chapter 5): TRANSPORTATION Vision: A safe, diversified, and efficient tmnsportation system tltat serves tlte needs of anticipated growth while protecting and enhancing Albany's economy, neighborhood quality, and natuml and built environments. Policy 1: Develop a transportation system with improved connectivity where ((barriers" such as 1-5, milroad, waterways, or neighborhoods reduce transportation system efficiency in terms oftmvel time and tmvel distance. Policy 2: Maintain acceptable roadway and intersection operations wltere feasible considering environmental, land use, andtopogmplticalfactors. Policy 3: Identify and remedy unsafe intersection and roadway locations with known safety issues and ensure the multi-modal transportation system is structumlly andopemtionally safe. Policy 4: Minimize conflicts along high volume and/or high speed corridors. F.7 See the discussion under Zoning Map Amendment Review Criterion (2). The discussion finds that the transpoliation system is or can be made adequate for allowed development on the property. To avoid repeating the same information here, those findings and conclusions are included here by reference. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Comprehensive Plan Map Attachment C: Zoning Map Attachment D: Natural Resources Map Attachment E: Annexation Agreement ORDINANCE EXHIBIT C - STAFF REPORT /AN-OI-12 & ZC-02-12/Page 15 21

24 STAFF REPORT ATTACHMENT A FILES: AN-Ol-12 AND ZC STAFF REPORT ATTACHMENT AJAN-Ol-12 & ZC-02-12/Page 1 22

25 STAFF REPORT ATTACHMENT B FILES: AN-Ol-12 AND ZC AdahAve. 1'1'" i; ~ ii' I, Ear/Ave., I /! Fairlane,St:, i, i I '11 i/:' Comprehensive Plan Map.'f',I '~: ' AN-Ol-12 and ZC-02-12,i '--;----,---,--~-;--...".,--,"""_.,._--.,.,..,7TTVrrdrn A'v'e'.,II.. Ie j,\ ",' - j\ :1"10 1 " ~: '-'-'J~~ /" "\,.\0' \ %\,' \,,,\,{ "I '," 'i, '!!.' \ ~ \ _.J. ~,! >,.,' ~... "'\~\", "1 I '"!; \0\' 'Ii''' \." -;) \ I l!, j :::,\<a " soitle'rset Ave. ::: ~ " \.. \. \ f!i'-_.~ \ \ \ ~ ~;;;~;;;.;~.~ :: II I ; I \ i\ I'~; I I \... i:: ; :' '1,, ii' ',;',,' ),. j~i \'\('/~~~~i ihi... 'i5 J~: til ~~~~; \\1" I '" I \".~." ' c','" to- 'I:~I :;, ~,!:':' :.,...,"1'; -. ~# #. ~::- '.~, II 1'1.~.~ " II ", ~...,~.,/ " t i Low Density Residential i.. J. WindYAiie. i I. Subject Properties, I I I t ~. - "i....., I i ', ' f, i;- i.l ;; ; :~!.),.i ~~... J i :: I -, _.: == _ _.1.,.,... -1"-!i:=====i:."~ 1,- ;~. ; II.. -, IL i 1 :'" "Dl1nlapAve. I,: I :: ::!~r /; :: I ~' ~! ~ I"~ f. '..\ i.'. :!....l.:gustycl.,. 1 '" ", I I J'... \, " 1, " '!, I.~ 0. q i '>.' I1l '~ -'" ro 0..' 01 '0. ' 'x, W Medium Density Residential Public and Semi-Public ~ NORTH 150! -". 300 II.. ;. III.; Light Kn 'B Commercial, ox utte Rd. ", o J: 'i '. ri.. UnnAve. 600 Feet I STAFF REPORT ATTACHMENT B/AN-Ol-12 & ZC-02-12/Page 1 23

26 STAFF REPORT ATTACHMENT C FILES: AN-Ol-12 AND ZC AdahAve. Zoning Map AN-Ol-12 and ZC '-1--'-o-l..,-..!...-J-r-" RS- 5 Subject Properties I-----l"ci 1--~I L"""'"I-H'lNr-L-r---J~ 0l,'r---,,.L--1 ~I l :+.=-----\Qj i)t--t---/ U NC RS-6.5 RS-5 RM RC NC LI OS Single-Family Residential Single-Family Residential Medium-Density Residential Regional Commercial Neighborhood Commercial Light Industrial Open Space ANORTH a Feet I STAFF REPORT ATTACHMENT C/AN-Ol-12 & ZC-02-12/Page 1 24

27 STAFF REPORT ATTACHMENTD FILES: AN-Ol-12 AND ZC h-~--,-ad---;ar-ha.. ve:..:...--'---'-~~/--aj Natural Resources Map I 1W D~~\ ~ :T\ AN-Ol-12 and ZC ~ Somerset Dr. IJ.--'-r-E_--T--_,--,-- arlave. _ ~~ \ \ I \~L I. I I I -/ j JI.,L-J--.--.l-I~T -.L-.Jrl ~tj. I,... I.:~ \ - Windy Ave. ~\I>-:'le. - I ~...~ ~ (\\ ~0 I I,..- '-:111 '\ Ur '--:-_--I:G~ - Riparian Corridor I I r... 0 I NORTH Feet I STAFF REPORT ATTACHMENT D/AN-Ol-12 & ZC-02-12/Page 1 25

28 STAFF REPORT ATTACHMENT E ANNEXATION AGREEMENT EFFECTIVE DATE: Upon approval ofalbany City Council PARTIES: KNOX BUTTE RVPAID(LLC 125 Expo Parkway NE Albany, OR Individually and Together ("Developer") CITY OF ALBANY, OREGON, a municipal corporation ("City") STAFF REPORT ATTACHMENT E/AN-Ol-12 & ZC-02-12/Page 1 26

29 RECITALS: WHEREAS, Developer owns certain real property outside of and adjacent to City and described in Attachment 1 and shown in a map labeled Attachment 2 attached hereto (the "Property"), which they desire to be annexed to the City, and the City desires to put the annexation proposal on the ballot for approval of voters in accordance with Oregon law and the City Charter; WHEREAS, City does not want annexation to impose express or implied obligations on the City to make and fund infrastructure improvements; WHEREAS, prior to approving the proposal for the ballot, City staff has requested that Developer enter into an Agreement which will waive many ofdeveloper's rights and remedies with regards to conditions that may be placed on development of the Property by City if public facilities are insufficient to support the development and which will commit Developer in good faith to make certain enhancements and observe restrictions conceming the Property at such time that the actual development ofthe Property begins; WHEREAS, the City has the policy of not placing annexation proposals on the ballot unless the Council first determines that the annexation is timely and reasonable; WHEREAS, among the factors considered by the Council in its timeliness determination is the adequacy ofpublic infrastructure to serve the proposed annexation site; WHEREAS, there is an existing single-family dwelling on Tax Lot 702 that is currently served by private well and septic systems; WHEREAS, the Parties do not intend that this Agreement be a land use document or comply with the requirements ofa Development Agreement as set folih in ORS to ; WHEREAS, nothing in this Agreement limits the use ofthe Propelty for any lawful purposes, so long as any required City approval has been obtained; WHEREAS, nothing in this Agreement shall require Developer to develop the Property or prohibit Developer from stopping any development after it has begun. AGREEMENT: NOW, THEREFORE in consideration of the above Recitals and the mutual promises contained herein, the Parties agree as follows: 1. Incorporation of Recitals. The Recitals are hereby incorporated into this Agreement as if set forth herein in full. 2. Location. The Propelty is adjacent to the City Limits of the City of Albany and within the Urban Growth Boundary for the City of Albany. 3. Term. The term ofthis Agreement shall commence on the date upon which it is approved by the Albany City Council and shall continue until superseded or terminated by the mutual agreement of the Parties or shall terminate upon rejection of the proposed annexation by the voters ofthe City. The Parties may enter into individual agreements, including, but not limited to, Development Agreements, at any future date, which agreements will supersede this Agreement as applied to the Property as a whole or to poliions ofthe Property or individual phases ofdevelopment, as specified in said future agreements. 4. Definitions. For purposes ofthis Agreement, specific tenns shall be defined as follows: STAFF REPORT ATTACHMENT E/AN-OI-12 & ZC-02-12/Page 2 27

30 4.1. "Public Facilities ". Physical infrastructure necessary or beneficial to the development ofreal property in the City of Albany. Such facilities include, but are not limited to, streets, curbs, gutters, bridges, culvelis, intersections, traffic signals, signage, ditches, piping, valves, pump stations, landscaping, trails, bicycle paths, parks, sewer, storm sewer, and/or water facilities "Development". The meaning prescribed for said term at Albany Development Code (ADC) "Developer". Any person or legal entity having the right or responsibility to control the development of the Property. This term includes, without limitation, all owners ofpropelty proposed for development. 5. Ballot. The Propelty shall be proposed to the voters ofthe City ofalbany for mmexation subject to the terms ofthis Agreement. 6. Waiver of Rights and Indemnification. If Developer proceeds with development of the Propelty, Developer agrees that if the City determines, in the exercise of reasonable discretion, based on substantial evidence in the record, thatpublic Facilities are insufficient to suppoli a proposed development, andthere is a reasonable relationship between any condition or denial and said deficiency in Public Facilities, and the City therefore conditions or denies an application based on such a determination: 6.1 Developer will waive the right to claim that such condition or denial constitutes a moratorium under ORS to Developer will waive any right to seek judicial or administrative relief including, but not limited to, claims for injunction or damages that may result from the delay or denial of development opportunities. 6.3 Developer will waive any claim under any present or future legislation, judicial determination, or Oregon Constitutional amendments that require local government to compensate a propelty owner for damages which result from governmental regulations which are deemed to constitute a complete or patiial taking ofsuch propelty. 6.4 Developer waives any right to appeal said condition or denial or to seek any other form of judicial or administrative relief, on the grounds that it places a "dispropoliionate burden" on Developer. This waiver is intended to include, but not be limited to, claims that the dispropoliionate burden constitutes a partial or complete taking or Developer's propelty. This waiver shall relieve City of any requirement to make individualized findings that justify a condition on the proposed development or a denial of the proposed development, but the condition or denial must be directly related to a deficiency in Public Facilities caused or contributed to by the proposed development. 6.5 Developer waives any right to claims arising under or granted by any statutory or constitutional regulatoly compensation or waiver provisions, including but not limited to Ballot Measure 37 (2004) or othelwise enacted after the date of this proceeding which would create a right of claim for compensation or waiver from city land use regulations that exist upon the effective date ofthe proceeding and which, by the approval ofthe proceeding, are then applicable to the property. 6.6 None of the rights waived by Developer shall waive Developer's right to just compensation in the event that the City initiates eminent domain proceedings to acquire all or a pati of Developer's property. 6.7 The Developer and its successors and assigns agree to indemnify and hold harmless the City of Albany, its agents, officers, and employees, from any ofthe following claims including, but not limited to,the attorney's fees and other expenses incurred by the City resisting said claims: STAFF REPORT ATTACHMENT E/AN-Ol-12 & ZC-02-12/Page 3 28

31 7. Developer Agrees Any claim challenging the enforceability or binding natur~ ofthis Agreement; Any judicial or administrative proceeding which is brought by Developer or its successors or assigns challenging the correctness or any action taken by the City which is authorized under the terms ofthis Agreement; Any other proceeding of any kind or nature wherein Developer or its successors or assigns seeks damages or injunctive relief as a result of any City decision to deny, condition, or limit development activities. 7.1 Upon City approval ofan application for future development (as defined in ADC ) on either of the subject parcels, Developer will dedicate public right-of-way for the extensions of Expo Parkway and Timber Street. The amount of right-of-way to be dedicated will be detennined at the time of development application, and will be based on the City's Transportation System Plan and Development Code. 7.2 Upon City approval of an application for future development (as defined in ADC ) on either of the subject parcels, Developer will construct full street improvements of the Expo Parkway extension and public sanitary sewer, water, and storm drainage improvements through the subject parcels to their nmih boundaries. 7.3 Upon City approval of an application for future development (as defined in ADC ) on either of the subject parcels, Developer will sign a Petition for Improvements/Waiver of Remonstrance for future improvements to Timber Street within the property boundaries. These improvements will include public street, sanitaty sewer, water, and stonn drainage facilities as needed. 7.4 Upon City approval of an application for future development (as defined in ADC ) on either ofthe subject parcels, Developer will connect the existing dwelling on Tax Lot 702 to the public sanitaty sewer and water systems. All applicable fees and charges for such connections will be due at the time ofconnection. 8. City Agrees. The City, in consideration for the promises made by Developer, agrees as follows: 8.1 There are currently sufficient Public Facilities available to annex the property into the City of Albany upon approval ofthe voters. This does not imply that available Public Facilities are sufficient for any particular development. 8.2 The City shall not impose a Local Improvement District or other financial obligation upon Developer unless it is determined that the Developer benefits from the proposed improvement(s). 8.3 While the City's conditions or denials may place a disprop01iionate burden on the Developer to make Public Facilities improvements, any such conditions or denials shall be reasonably related to the Public Facilities needs which result from development on the Property. "Objective Engineering Standards" will be used to determine the need for Public Facilities which result from any proposed development. Notwithstanding the foregoing, both Patiies agree that the Public Facilities needs ofthird patiies or the public generally may also be a contributing factor to the Public Facilities needs which result from development on the Propel1y. The needs of such third parties or the public shall not limit the City's discretion to impose conditions or denials on the Developer. STAFF REPORT ATTACHMENTE/AN-Ol-12 & ZC-02-12/Page 4 29

32 8,4 Subject to the provisions of this Agreement, the City agrees that upon annexation, and subject to the telids and limitations of this Agreement, the Property shall enjoy the same right to development as applies to similarly situated property in the City of Albany. This is a material consideration for the Developer to comply with the conditions and requirements set forth in this Agreement. 8.5 City shall make a good faith effort to identify and address planning issues and impacts that may arise as a result of development ofthe Property and will share with Developer any information ofprospective issues or impacts. 8.6 Subject to the provisions of this Agreement, Developer has full entitlement to apply for development of all or any part of the Property and shall be entitles to the same consideration shown to similarly situated applicants. 9. Contingency. This Agreement is expressly contingent on (i) approval by the Albany City Council of the annexation proposal and this Annexation Agreement, and (ii) approval by the voters in accordance with Oregon law ofsuch annexation proposal. 10. Miscellaneous Binding Effect. This Agreement shall be binding on and inure to the benefit ofthe Parties and their respective heirs, personal representatives, successors, and permitted assigns and upon approval ofthe voters ofthe City ofalbany, the terms ofthis Agreement shall be recorded in a form approved by the City so as to provide a record of this Agreement to run with the land described in the attached Attachment Assignment. Neither this Agreement nor any of the rights, interests, or obligations under this Agreement shall be assigned by any party without the prior written consent ofthe other Parties, which consent will not be unreasonably withheld No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or shall be construed to confer on any person, other than the Parties to this Agreement, any right, remedy, or claim under or with respect to this Agreement. 10,4 Further Assurances. Each party agrees (a) to execute and deliver such other documents and (b) to do and perform such other acts and things, as any other party may reasonably request, in order to carty out the intent and accomplish the purposes ofthis Agreement Gove1'1ling Law. This Agreement shall be govemed by and construed in accordance with the laws ofthe State of Oregon, without regard to conflict-of-1aws principles Attachments. The Attachments referenced in this Agreement are a patt ofthis Agreement as if fully set folth in this Agreement Severability. If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect ofthe remaining provisions ofthis Agreement shall not be in any way impaired Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreement, whether written or oral, among the Patties with respect to such subject matter. STAFF REPORT ATTACHMENT E/AN-Ol-12 & ZC-02-12/Page 5 30

33 10.9 Covenant Running with tlte Laud. All developer obligations shall be covenants running with the land. IN WITNESS WHEREOF, the Patties hereby execute this Agreement. PARTillS: CITY OF ALBANY. A municipal corporation, By: Name Its: Title STATEOF ) County of ) ss. City of ) Personally appeared the above-named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me this day of Notaty Public for Oregon My Commission Expires: _ KNOX BUTTE RV PARK LLC By: Name Its: Title _ STATE OF ) County of ) ss. City of ) Personally appeared the above-named and acknowledged the foregoing instrumentto be their voluntary act and deed. Before me this day of Notary Public for Oregon My Commission Expires:=========~ STAFF REPORT ATTACHMENT E/AN-Ol-12 & ZC-02-12/Page 6 31

34 ANNEXATION AGREEMENT ATTACHMENT 1 LEGAL DESCRIPTION FILE AN-Ol-12 A tract of land located in the Northeast one-quarter of Section 4, Township 11 South, Range 3 West, Willamette Meridian, Linn County, Oregon that is more patticularly described as follows: Beginn"ing at a 5/8-inch bolt bearing North 89 39' West feet and South 00 05' West feet from the NOltheast comer of the Robert Houston DLC No. 38; thence South 00 05' East feet to a 112-inch iron pipe; thence South 89 45'23" East feet; thence North 00 20'56" West feet; thence NOlth '30" West feet to the point ofbeginning. Said area containing 3.45 acres, more or less. Basis ofbearing: Linn County Survey No ANNEXATON AGREEMENT ATTACHMENT l/an-ol-12 & ZC-02-12/Page 1 32

35 ANNEXATON AGREEMENT ATTACHMENT 2 LEGAL DESCRIPTION MAP FILE AN-Ol m N C') ILG'PP~ M,,99,OZ 00 N N g>o.;::z lll>. Q)Q) oo~ -:;> Ow.!!l~ ~ c: c: ::i ro 0."1 ~ (0 N :2:1 C') "I 0 o 1 Co...- F-. otz Z 0 N -0 ro o~o 1 0 Wo...J 0 O>z ~«zet::o N cr) (J)' t-...j 1i) Q) ~ OJ I- u. CD «i- 01:: :: _- N._ c - OJ o Q,) ~ ~ mc') en 10 N co Z +:io ~ C') =.9-N c 0 0 l-_.8 r-> CIl W CJ)N CO '<t <D--- 0>5(") en <0 E:C 0 co to O~ A ~()...,9Z'ZBU V,90 00 S -\.:,BB'9P~ 3,9000 S 0 ~~0 z ANNEXATON AGREEMENT ATTACHMENT2/AN-Ol-12 & ZC-02-12/Page 1 33

36 n~" n"'- '", -~",,,,,, ~/Jjtii1ii TO: VIA: FROM: DATE: Albany City Council Wes Hare, City Manager Anne Catlin, Lead Long Range Planner a!k- August 15,2012, for the August 22, City Council Meeting SUBJECT: Community Development Block Grant Funding Opportunity RELATES TO STRATEGIC PLAN THEME:. Great Neighborhoods RELATES TO: Create and sustain a city of diverse neighborhoods where all residents can find and afford the values, lifestyles and services they seek. Action Requested: Consideration of the attached resolution that would accept the "Community Development Block Grant Entitlement" status. Discussion: The City received a letter from the U.S. Department of Housing and Urban Development notifying the city of Albany's eligibility to receive Community Development Block Grant (CDBG) funding in the fiscal year The City became eligible based on the Census Bureau's July 1,2011 population estimates, which show that Albany has reached the threshold for CDBG entitlement status of 50,000 residents. As a potential new "CDBG metropolitan city", the City has two options to consider: 1. Accept the status as a CDBG recipient (begin receiving annual CDBG grant funds), or 2. Defer the status (no allocation offunding in 2013). Currently, as a "non-entitlement" community, Albany is eligible to compete for CDBG grants at the state. In the past Albany has received grants for the housing rehabilitation loan programs and public infrastructure for low-income housing (Songbird Village and 23 rd Avenue Habitat for Humanity homes). Funding is available for public community facilities such as homeless shelters, head start centers, treatment centers on a limited-clentiele basis (persons or areas being served must meet the HUD thresholds for limited clientele). Grants are also available for specific economic development activities. If Albany were to accept the CDBG Entitlement status, the City would begin receiving annual funding of approximately $330,000 to carry out a wide range of community development activities directed toward addressing low-income and homeless housing needs, revitalizing neighborhoods, economic development, and providing improved community facilities and services. In addition, the City would still be eligible to apply for emergency grants and federal HOME funding (for low-income housing projects). However, the City would no longer be able to apply for CDBG grants through the state. 34

37 Community Development Block Grant Entitlement Status Page 2 August 15,2012 The primary benefits of becoming an Entitlement city are the flexibility to develop our own programs and funding priorities and we would no longer have to apply for and compete for funding. The following types ofeligible activities generally include, but are not limited to: acquisition ofreal property; relocation and demolition; rehabilitation ofresidential and non-residential structures; construction of public facilities and improvements, such as water and sewer facilities, streets, neighborhood centers, and the conversion of school buildings for eligible purposes; public services, within certain limits; activities relating to energy conservation and renewable energy resources; and assistance to profit-motivated businesses to carry out economic development and job creation/retention activities. There is preparation involved in becoming an Entitlement community. The City will need to develop a "consolidated plan", which outlines our housing needs and program needs. The City is required to consult and work with care and support agencies, the State and other jurisdictions to determine our community development and housing needs. If you decide to accept Entitlement status now, some ofour costs would be reimbursable through the CDBG grant. In order for HUD to begin planning for the next fiscal year, they are asking the City to decide whether or not to accept the Entitlement status by September 14, Ifyou elect to accept the status now but later decide to defer, any expenses incurred would not be eligible for reimbursement. By passing the attached Resolution, the Council would be accepting the offer to become a CDBG Entitlement community in Staff suggests accepting grant funds July 1, 2013 in our next fiscal cycle. Regardless of your decision to accept or defer Entitlement status, the city needs to update its housing needs analysis and assess needs in the community that may benefit from CDBG funds (entitlement or non-entitlement). To that end, the Mayor and staffpropose appointing a task force with representation from our local agencies to begin assessing our needs and developing programs. We will be asking you to appoint the Housing Task Force at your September 12 Council meeting. Budget Impact: A portion of Anne Catlin's time will be devoted to managing this endeavor. HUD will reimburse the City for expenses incurred to develop the required planning documents as pre-award costs. ale cc: Doug Carlson, Director, Community Planning and Development Department, HUD Region X Portland Field Office 35

38 RESOLUTION NO. _ A RESOLUTION ACCEPTING ALBANY'S STATUS AS A COMMUNITY DEVELOPMENT BLOCK GRANT RECIPIENT WHEREAS, the U.S. Department of Housing and Urban Development (HUD) awards Community Development Block Grant (CDBG) funding to metropolitan cities with populations ofat least 50,000; and WHEREAS, the Census Bureau's July 1, 2011 population estimates show that the City of Albany has reached the threshold population of50,000 and is now a metropolitan city; and WHEREAS, as a metropolitan city, the City of Albany is eligible to receive Community Development Block Grant funding annually as an "entitlement" community; and WHEREAS, the CDBG entitlement program provides arumal grants on a formula basis to entitled cities and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons; and WHEREAS, as an entitlement city, the City of Albany, would develop its own programs and funding priorities in a Consolidated Plan (the jurisdiction's comprehensive planning document and application for funding) and a Citizen Participation Plan; and WHEREAS, there is demand for housing and community development programs in the City of Albany; and WHEREAS, the City of Albany has expressed interest in assisting low- and moderate- income residents with suitable living environments and great neighborhoods; and NOW, THEREFORE, BE IT RESOLVED that the Albany City Council agrees to accept the he status as a CDBG recipient in order to become an entitlement city; and. NOW, THEREFORE, BE IT FURTHER RESOLVED that as an entitlement city, the City will develop a Consolidated Plan and Citizen Participation Plan. DATED AND EFFECTIVE THlS 22nd DAY OF August Mayor ATTEST: City Clerk 36

39 ,..... B~ 11 m.", -~'''''''' C/\/jjtihii TO: VIA: FROM: DATE: Albany City Council Wes Hare, City Manager Anne Catlin, Planner III,-' August 15,2012, for the August 22, City Council Meeting SUBJECT: Certifying Properties from Taxes RELATES TO STRATEGIC PLAN THEME:. GreatNeighborhoods RELATES TO: Create and sustain a city of diverse neighborhoods where all residents can find and afford the values, lifestyles and services they seek. Action Requested: Passage of the attached resolutions certifying to the Linn County Assessor that the properties at 515 Geary Street SE and Oak Street shall be exempt from property taxes. Discussion: In 1993, the City ofalbany and the Greater Albany Public School District adopted the provisions of ORS to This action means that if a project and its owner meet all of the requirements of ORS , the Council may then review a yearly application for property tax exemption submitted by the owner. To meet the ORS requirements, the project must be owned by a non-profit exempt from federal income tax and be occupied by low-income residents. Annually staff provides resolutions to exempt three properties owned by the Albany Partnership for Housing and Community Development (Songbird Village, Periwinkle Place, and ParkRose) from taxation under the City's tax levy per ORS The low income housing that these properties provide through the Albany Partnership is an integral part of providing an affordable quality oflife for many ofalbany's residents. The Albany Partnership partnered with Community Services Consortium in 2010 and 2011 to acquire and rehabilitate two Albany properties, a house at 515 Geary Street SE and a duplex at Oak Street SE, to provide supportive housing for Albany's homeless and at risk populations. As the property owner and manager of the "Life Skills" program, the Albany Partnership has submitted an application to the City for property tax exemption for these two properties. I have reviewed the attached information provided by the Albany Partnership in their application for exemption and found it to be complete. The property and owner meet the requirements ofors , and their application meets the requirements ofors This request is coming to you outside the normal timeline because there was an error in processing information by Linn County. The County is aware ofthis request before you. By passing the attached Resolutions, the Council would be certifying to the Linn County Assessor that the Geary and Oak Street properties are exempt from" taxation as provided by ORS The two sites are noted on the attached maps. 37

40 Tax Exemptions for 515 Geary Street SE and Oak Street SE Page 2 August 15,2012 Budget Impact: The impact of these exemptions is that the City would not collect property taxes on these two properties. The estimate is approximately $2,050 in lost revenue annually. Estimate oftax Exemption 2012* 515 Geary St Oak St. Total Real Market Assessed Estimated Value Value City Tax 127, , , ,570 1, , ,910: 2,042', *Based on the CitY's base rate and levy rate Albany Tax Rate per $1,000 AV City Base Rate Safety Levy.95 Total Rate ale Attachments: Albany Partnership Application, Property Maps and Property Reports c: Stewart Taylor, Finance Director Mary Dibble, City Clerk 38

41 RESOLUTION NO. _ A RESOLUTION CERTIFYING TO THE LINN COUNTY ASSESSOR THAT THE PROPERTY LOCATED AT OAK STREET SE SHALL BE EXEMPT FROM PROPERTY TAXATION WHEREAS, the Albany City Council in 1993 adopted the provision ofors and ; and WHEREAS, the Albany Partnership for Housing and Community Development is the owner of an affordable housing project located at Oak Street SE (Assessor's Map No. lls-3w-7da, Tax Lot 4000); and WHEREAS, the Albany Partnership has submitted an application for property tax exemption attached as "Exhibit A"; and WHEREAS, the owner meets the requirements of ORS and their application meets the requirements ofors ; and NOW, THEREFORE, BE IT RESOLVED that the Albany City Council certifies to the Linn County Assessor that the property located Oak Street SE (Map No. lis-3w-7da, Taxtot 4000) shall be exempt from taxation under the City's tax levy as provided in ORS DATED AND EFFECTIVE THIS 22nd DAY OF August Mayor ATTEST: City Clerk 39

42 RESOLUTION NO. _ A RESOLUTION CERTIFYING TO THE LINN COUNTY ASSESSOR THAT THE PROPERTY LOCATED AT 515 GEARY STREET SE SHALL BE EXEMPT FROM PROPERTY TAXATION WHEREAS, the Albany CityCouncil in 1993 adopted the provision ofors and ; and WHEREAS, the Albany Partnership for Housing and Community Development is the owner of an affordable housing project located at 515 Geary Street SE (Assessor's Map No. 1IS-3W-5CD, Tax Lot 3200); and WHEREAS, the Albany Partnership has submitted an application for property tax exemption attached as "Exhibit A"; and WHEREAS, the owner meets the requirements of ORS and their application meets the requirements ofors ; and NOW, THEREFORE, BE IT RESOLVED that the Albany City Council certifies to the Linn County Assessor that the property located 515 Geary street SE (Map No. lls-3w-5cd, Tax Lot 3200) shall be exempt from taxation under the City's tax levy as provided in ORS DATED AND EFFECTNE THIS 22nd DAY OF August Mayor ATTEST: City Clerk 40

43 2078 Bill Ave SE, Albany, OR Telephone: (541) Fax.: (541) WNW.albanypartnership.org August 14, 2012 Albany Mayor and Albany City Council City of Albany Dear Mayor and Councilors: On behalf of Albany Partnership for Housing & Community Development (APHCD), I am requesting a property tax exemption for our two newest affordable ho.using properties under the provisions of ORS to Account: Address: 515 Geary St SE Map: 113W OSCD 3200 This home is a three-bedroom single family dwelling used for the purpose of providing affordable housing to individuals or families with income at or below 50% ofthe area median income. Account: Address: 1680/1682 Oak St SE Map: 113W 07DA 4000 This duplex has two three-bedroom single family dwelling units used for the purpose of providing affordable housing to individuals or families with incomes at or below 50% of the area median income. These two properties are part of our Life Skills housing program which provides "second chance" supportive housing for families and individuals who are homeless or at risk of becoming homeless. The program helps establish a positive rental history and build life skills such as budgeting and housekeeping, both integral elements to maintaining a home. A case manager works with the APHCD Resident Services Program Coordinator to set programs and case managementfor each adult individual so they learn new skills to get/maintain gainful employment, continue education, manage their money, and keep their home safe and sanitary. The intent for this particular housing model is to create an environment that will provide the greatest chance to allow this population to move into a more normal housing situation. APHCD will provide housing and on-going resident services monitoring. The property pro-forma included a property tax exemption. The exemption would help the Albany Partnership to maintain low rents and offer rental and utility assistance while tenants gain financial stability. Keeping low rents allows residents to have more disposable income to spend on the basic necessities ohood) transportation, medical care, and education. Board of Directors Andy Bean Anne Callin... Bill Higby Jr. Claus Sass... Hector Cordova Sharon Konopa '" Dannlel BlItler. DaeDee Overholser e[l'ftji'uilitt 41

44 Both Life Skills properties were acquired and purchased with federal funds and must remain affordable for 20 years per agreements with Oregon Housing and Community Services; however, Albany Partnership has committed to using these properties for Life Skills housing until the end of their economic useful life. On July 1, 1991 the Albany Partnership for Housing and Community Development was designated a SOl(c)(3) nonprofit corporation with a mission to develop and maintain affordable housing for households who struggle to compete for market rate shelter. The Partnership provides 136 units of quality rental housing for many of Albany's households.. Please let me know if I can answer any questions about the Albany Partnership or this request. ~~ Kim DeMarcus Executive Director 42

45 .. 5th.. -,. Ave III 11II [~-~~ --.., - - ;...1~, '- ~, I ~ ~. 'C[ '~ ~ ~, II :i1~ ~~= J r~ -,---"",--,L II IJ.. 6th Ave. II 644 -= "=~~----:~-~--=-~~ _ ~ - ~ :=-..1,-1,@ -t-~~; ~ >, -... i cl.~.:-<:~, ~~_'" r~_ Geary Street; 11S-03W-05CD; Tax Lot 3200 August, 2012 Planning Divsion Feet City of Albany Broadalbin St. SW, Albany, Oregon (541)

46 LINN County Assessor's Summary Report Real Property Assessment Report FOR ASSESSMENT YEAR 2010 August 15, :44:51 am Account # Map# Code - Tax # S03W05-CD Tax Status AcctStatus SUbtype ASSESSABLE ACTIVE NORMAL Legal Oeser Mailing Name Agent In Care Of Mailing Address Prop Class RMVClass BRYANT'S ADDITION Block - 8 Lot - 7 ALBANY PARTNERSHIP FOR HOUSING Deed Reference # TH AVE SE ALBANY, OR MA SA NH Unit Sales Date/Price / $0 Appraiser Situs Address(s) Situs City I ID# GEARY ST SE ALBANY I Value Summary Code Area AV RMV MAV RMV Exception CPR% Land 38,810 Land 0 Impr. 88,520 Impr. 0 Code Area Total 125, , ,340 0 UNKNOWN Grand Total 125, , Code Plan Land Breakdown Area ID# RFD Ex Zone Value Source TD% LS Size Land Class Irr Class Irr Size CONVERTED OSD R Market 85 S 6, Grand Total 6, Code Yr Stat Improvement Breakdown Total Trended Area 10# Built Class Description TD% Sq.Ft. Ex% MS Acct# RMV RES One story 95 1,176 86, Residential Other Improvements ,570 Grand Total 1,176 88,520 Appr Maint: Comments: ROLL ACCOUNT FORWARD, TAX STATUS CHANGE TO NON-ASSESSABLE, TAX STATUS CHANGE TO ASSESSABLE ***** CAP NOTE - Type R ****************************************** 95MX: HOUSE EST. 35% COMPLETED. ADDED IMP+$25,740 & FULL LOT VALUE. CHECK 96MX OR CYCLE FOR HOUSE COMPLETENESS...SQ 7/95. 96CYC: House 100% completed. MX97- change Iscp to average. 6/21/96 JHC. 97MX: LANDSCAPE FROM NONE TO AVERAGE. LAND +$ /22/97 JLS. ***** CAP NOTE - Type X ****************************************** 95MX: HOUSE EST. 35% COMPLETED. ADDED IMP+$25,740 & FULL LOT VALUE. CHECK 96MX OR CYCLE FOR HOUSE COMPLETENESS...SQ 7/95. 96CYC: House 100% completed. MX97- change Iscp to average. 6/21/96 JHC. 97MX: LANDSCAPE FROM NONE TO AVERAGE. LAND +$ /22/97 JLS. 1997MX:1997 IMP VALUE (1995 INDEXED IMP VALUE)=NEW IMP VALUE IN SEQ 100 FOR ALSO NEW LAND VALUE IN SEQ 03 FOR DUS 8/97 Page 1 of 1 44

47 Oak Street; 11 S-03W-07DA; Tax Lot 4000 August, 2012 Planning Divsion Feel City of Albany Broadalbin SI. SW, Albany, Oregon (541)

48 Account # Map# Code - Tax # S03W07-DA LINN County Assessor's Summary Report Real Property Assessment Report FOR ASSESSMENT YEAR 2010 Tax Status Acct Status Subtype ASSESSABLE ACTIVE NORMAL August 15, :43:22 am Legal Oeser Mailing Name Agent In Care Of Mailing Address Prop Class RMVClass AMENDED PLAT OF OAK GROVE ACRES Block - 3 Lot - 6 ALBANY PARTNERSHIP FOR HOUSING TH AVE SE. ALBANY, OR MA SA NH Unit Situs Address(s) Situs City 10# OAK ST SE ALBANY 10# 1682 OAK ST SE ALBANY Deed Reference # Sales Date/Price Appraiser Value Summary Code Area AV RMV MAV RMV Exception CPR% Land 58,240 Land 0 Impr. 119,380 Impr. 0 Code Area Total 152, , ,570 0 Grand Total 152, , / $0 UNKNOWN Code Plan Land Breakdown Area 10# RFD Ex Zone Value Source TD% LS Size Land Class Irr Class Irr Size R Commercial Site 91 S 13, Grand Total 13, Code Yr Stat Improvement Breakdown Total Trended Area 10# Built Class Description TD% Sq. Ft. Ex% MSAcct# RMV Duplex 91 2, , Residential Other Improvements Grand Total 2, ,380 Appr Maint: ROLL ACCOUNT FORWARD, TAX STATUS CHANGE TO NON-ASSESSABLE, TAX STATUS CHANGE TO ASSESSABLE Page 1 of 1 46

49 ALBANY ~ POLICE ARTMENT TO: VIA: FROM: DATE: Albany City Council Wes Hare, City Manager f.~~c27~d/ Edward Boyd, ChIefofPolite August 17, 2012, for August 22,2012, City Council Meeting SUBJECT: Approval ofthe Vehicle Lease Contracts with Wire Works, LLC. RELATES TO STRATEGIC PLAN THEME An Effective Government. Action Requested: Staff is asking the Council to authorize the ChiefofPolice to sign on going police vehicle capital lease contracts with Wire Works, located at 2465 Salem-Dallas Hwy, Salem, Oregon 97304; Auto Leasing Specialists, LLC, 6696 E. Millstone Street, Highlands Ranch, CO 80130; Ford Motor Credit Company, PO Box , Detroit, Michigan, 48267; Government Leasing Company, 830 Tenderfoot Hill Road, Suite 301, Colorado Springs, Colorado, 80906; and/or any other legal vendor that Wire Works utilizes for vehicle leasing. Discussion: At the December 15, 2004, City Council meeting, the Police Department received approval to initiate a lease program for police vehicles. At the November 5, 2007, Council meeting, the Police Department received approval for the Chief of Police to sign police vehicles lease agreements with Auto Additions, Inc. and Auto Leasing Specialists, LLC. On March 14, 2012, after a competitive bid process, the City Council authorized the Chiefof Police to sign a contract with Wire Works, LLC, to lease police vehicles, upfit and maintain vehicle equipment through April 1, 2014, with the option to extend for three additional one-year terms through April 1, Wire Works has developed leasing programs tailored to individual law enforcement agency needs. Wire Works has been awarded our contract for building and leasing vehicles. They select and determine the most economical lease companies to use, which may include but are not limited to: Government Leasing Company, Ford Motor Credit Company, and Auto Leasing Specialist, LLC. Lease companies require annual written confirmation via copies ofcity Council minutes that the ChiefofPolice has the authority to sign the lease contracts. Leasing police vehicles makes financial and operational sense, and is the reason many police agencies are adopting this option rather than purchasing vehicles. Wire Works provides this service in the Pacific Northwest and is accessed by many agencies in Oregon. Wire Works qualifies as our contract vendor and was approved by City Council on March 14, 2012 by Resolution No Funds for police vehicle leasing are in the approved Police F.Y budget and will be used from the Equipment Replacement Fund, Leased Vehicles. The appropriate funds will be in each annual budget for the ongoing vehicle lease program. SUGGESTED MOTION: I move that the Council authorize the Chief of Police to sign ongoing police vehicle capital lease contracts with Wire Works, LLC; Auto Leasing Specialists, LLC; Ford Motor Credit Company; Government Leasing Company; and/or any other legal vendor Wire Works utilizes. Budget Impact: Costs are supported by the approved Police FY Budget in the Equipment Replacement Fund, Leased Vehicles. 47

50 RESOLUTION NO. _ A RESOLUTION TO AUTHORIZE THE CHIEF OF POLICE TO SIGN ONGOING POLICE VEHICLE LEASE CONTRACTS BETWEEN THE CITY OF ALBANY AND WIRE WORKS, LLC; AUTO LEASING SPECIALISTS, LLC; FORD MOTOR CREDIT COMPANY; GOVERNMENT LEASING COMPANY;. AND/OR ANY OTHER LEGAL VENDOR WIRE WORKS, LLC UTILIZES. WHEREAS, the City of Albany Police Department has been leasing police vehicles since 2004; and.. WHEREAS, Wire Works, LLC, was detennined to best meet the requirements ofthe Request for Proposals and the needs ofthe City; and WHEREAS, Wire Works, LLC, qualifies as our contract vendor and was approved by Council on March 14,2012, by Resolution Number 6090; and WHEREAS, Wire Works, LLC selects and determines the most economical lease companies to utilize, including but not limited to: Government Leasing Company, Ford Motor Credit Company, and Auto Leasing Specialists, LLC; and WHEREAS, the Albany City Council authorized Department Directors to sign contracts and agreements by Resolution No. 5183, dated August 24,2005. NOW, THEREFORE, BE IT RESOLVED that the Chief of Police is hereby authorized to sign contracts betweenthe City ofalbany and Wire Works LLC; Auto Leasing Specialists, LLC; Ford Motor Credit Company; Government Leasing Company; and/or any other legal vendor Wire Works, LLC utilizes. DATED AND EFFECTIVE THIS 22ND DAY OF AUGUST ATTEST: Mayor City Clerk 48. Page 1 of1

51 Joint Meeting Minutes February 1, ~1I!fJ "" '''[,,,,,,,, calh6ihij "- GAPS Approved: JOINT MEETING OF SCHOOL BOARD and ALBANY CITY COUNCIL Greater Albany School District office February 1, :00p.m. February 27, & for our FUTURE Minutes CALL TO ORDER School Board Chair Sandi Gordon called the meeting to order at 7:02 p.m. Sandi Gordon Frank Bricker JerryBoe~e Lyle Utt Sharon Konopa Dick Olsen Bill Coburn Floyd Collins Bessie Johnson Ray Kopczynski Jeff Christman Maria Delapoer Russ Allen Wes Hare School Board Chair Director Director Director Mayor Councilor Councilor Councilor Councilor Councilor Councilor Superintendent Business and Operations Director City Manager A list of others present is filed with the original minutes. It was noted that a quorum of the School Board and City Council was present. PLEDGE OFALLEGIANCE. School Board Chair Sandi Gordon led attendees in the pledge ofallegiance. INTRODUCTIONS Board Chair Sandi Gordon asked participants to introduce themselves. Participants did so. BUSINESS FROM THE PUBLIC None. REPORTS BUDGETDEVELOPMENT WITH LIMITED RESOURCES School Board Member Jerry Boehme spoke ofbudget reductions within the school district. He said that the 49

52 Joint Meeting Minutes February 1, district was in satisfactory fmancial shape because it was able to anticipate the downturn in the economy. He said that during the previous year, the district cut approximately twenty certified positions and an equivalent number of classified positions. He said that the district hoped to isolate itself from further cuts during the next three years. He said that the district was behind on the purchase of science textbooks and instructional materials. He said that class sizes were larger. He said that the district anticipated deficit spending of about two and one half million dollars over the next three years. He explained that the district planned an ending fund balance ofabout ten percent in anticipation offurther State revenue shortfalls. Director Boehme said thatthis year the school district budget committee tried something different. He said that in previous years, the school board and budget committee came together to set goals for the district. He said that participants felt that the district goals were already well defined in the District Accountability Plan. He said that the budget committee members and school board divided themselves into subcommittees to more closely examine such topics as instruction and materials, operations and facilities, program improvement, staffing, and student support. He said that the sub-committees came back with some very good ideas. He spoke of the district's interest in engaging the families of pre-kindergarten children. He said that one of the things the district was doing was opening several of the school libraries during the summer, connecting that program to the free lunch program to keep books in the hands of children. Councilor Olsen asked which schools had open libraries. DirectorBoehme saidthat Waverlyand Lafayette Elementary Schools had summer programs. Ms. Delapoer saidthat the employee groups helpedthe district get through the currentbudget crisis, but the district spends 89 percent ofits money on labor. Mr. Hare introduced Community Development Director Greg Byrne and stated that he would discuss the South Albany Area Plan which has long range planning implications for both the City and the school district. Mr. Byrne said that in November 2009, the City and school district signed a joint intergovernmental agreement saying that the bodies would plan together. He said that he would discuss the plan for the South Albany Area as it has strong implications for both the City and the district. He used a Power-Point program to indicate the proposed areas on a map. He described opportunities for thepublic to become involved. He said that any great city has great neighborhoods. He said that Albany has many already. He said that this proposal would have four or five neighborhoods. He estimated that in twenty years, the area would have 240 elementary children and 120 middle school students. He suggested that within the 20 year period, the school district would want to add an elementary school in the area. He indicated several possible sites for the school. He said that he would continue to work with the school district staff Mr. Hare spoke of property taxes and said that the City has to add assessed value in order to continue to provide the services the citizens expect. He said that the City realizes a short term benefit from new growth and it takes a while for the liability of that growth catch up. He said that 80 percent of the general fund expenditures go to public safety: fire, police and ambulance. He said that if one compared the property 50

53 Joint Meeting Minutes February 1, taxes the City collects, and that were the only revenue source, the cost of public safety would amount to 106 percent ofthe propertytax revenue. He saidthe largest expense in public safetyis people. Mr. Hare said that one could make the case that the City of Albany is better off than most cities for a variety of reasons. He said, however, that the City could be in a situation where it could see declining revenue. He said up to now, the city had experienced a declining rate of increase. He explained that this year the City used a very conservative value for property tax revenues but was later surprised when the assessor announced that many homes had lost value. He said that in some cases, the real market value lowered to the assessed value. He spoke ofhis own home and stated that last year the property was valued at $285,000. This year, he said, the home was valued at $230,000. He said that he and many other people in the City, received substantial reductions in the amount ofproperty taxes they were be required to pay. He said that the reductions in property tax revenue forced the City to accelerate planned budget reductions. He said that in 2009, the Cityhad428 employees. He saidthatthe Citynow has a staffof391. He saidthat number of employees would continue to decline. He said that most ofthose reductions were accomplished through attrition. He said that it was his objective to sustain the long term health of the City by not laying offthe most junior people who would otherwise be with the City for a long time to come. Mr. Hare said that Cityhas a strategicplanwhichhe has usedincommunicatingwiththepeople ofalbany. He said that the City has been communicating to the public, for a number ofyears, what is important from the City's perspective in terms ofthe services that peoplereally want, need and expect in Albany and what makes Albany a good place to live. He said that the City must look at doing things more economically. He said that the City Council has stated that when reducing expenses, nothing was offthe table. Board Chair Gordon asked what the City was doing to bring more residents to Albany. Mr. Hare replied that residential growth costs more money than it actually generates. He described the efforts of the Council to bring new business to the City. He noted that Oregon Freeze Dry was expanding. He identified other City initiatives. He also referred to projects supported by CARA (Central Albany Revitalization Area) including the Wheelhouse, and projects to restore downtown landmarks such as the Flinn Block building and the former J.C. Penney building. Mr. Hare said that from a tax generating point ofview, the new Wal-Martbuildingwas a good deal for the CityofAlbany. He saidthat the companydoes not require much in the wayofservices, but delivers a large amount of taxes. He added that the City was continuing to work with Lowe's hardware to bring a store to the City. Mayor Konopa said that CARA revitalization projects have created a number of jobs. Councilor Kopczynski spoke ofthe importance ofretaining existing businesses. Mr. Hare said that there was a gain of 250 manufacturing jobs in Linn County during the last year. He estimated that Albany got many of those jobs. He said that there was also a corresponding loss of 750 government jobs in Linn County during the same time. Director Boehme asked of development plans to the east ofthe City. Mr. Byrne responded. Mr. Hare said that Timber Ridge School is located in an area ofprojected residential growth. CouncilorCollins spoke ofa multi-million dollar sewerline necessaryto support future residential growth. 51

54 Joint Meeting Minutes February 1, Board Chair Gordon said that she originally opposed the traffic circle at Knox Butte Road and Timber Ridge Street but now sees that people are learning to drive around it and children are learning to cross it. She also spoke of the rubber surfaced track recently installed at Timber Ridge School. She said that the track is getting considerable use by the community. She thanked the City Council for its partnership in constructing the facility. USING DATA TO DRIVE DECISIONS Superintendent Maria Delapoer spoke of Professional Learning Communities (PLC's). She said that PLC's were part of the continuous improvement model teachers use to examine assessment data on a regular basis. She referred to the District Accountability Plan in which the Board identified specific metrics for driving decisions. She discussed efforts to improve the efficiencies of district support departments including facilities maintenance and transportation. She said the facilities department also identified cleaning standards for custodians. Councilor Kopczynski asked if instructional improvements were tied to the federal No Child Left Behind Act. Ms. Delapoer said that State assessments are required. She said, however, that the State of Oregon requested a waiver from the No Child Left Behind Act which will change the assessment requirements and make them more inkeeping with other State educational requirements. Councilor Collins asked of graduation rates. Ms. Delapoer said that the State graduation requirements have increased. She said that students who do not pass the state assessments in reading and math will not graduate. She saidthat there is a difference between graduation rates and drop-out rates. She saidthat some students leave the district and their former school does not know where they went. That student then detracts from the school's graduation rate. Director Bricker clarified that a student who graduates in five years still has a diploma. He said, however, that a fifth-year student does not count, for state measurement purposes, as a "graduate." Director Boehme noted that as described in the District Accountability Plan, the Board still values a student who needs five years to graduate. He said that the Board would prefer that all students graduate in four years, but a fiveyear graduate still has a diploma. He explained that some students need more time to get the coursework completed. Director Boehme spoke of the difficulty ofproviding electives. He said that a reduction in the number of teachers made it more challenging to provide elective courses. He related that South Albany High School principal Brent Belveal was considering the elimination of electives next year. Director Boehme spoke of the value of electives, noting that some students come to school just to participate in the industrial arts classes. He explained that when schools do not have enough teachers to meet the- increasing academic requirements, schools have to direct more resources to the core curriculum Councilor Johnson said that not every student should go to college. She said that those students need the industrial arts classes. Board Chair Gordon said that she has a 13 year-old daughter. She said that her daughter's science class projecthad a combination ofscience, math and social studies. She spoke ofhow her teachers emphasized 52

55 Joint Meeting Minutes February 1, five learning concepts that her daughter was required to master. Board Chair Gordon said that her daughter initially mastered three ofthe concepts. She was provided the opportunity to review the remaining concepts over the weekend and then the teachers worked closely with the daughter to help master all five concepts. Director Boehme spoke of electives. He said that often, when an elective is deleted, it is difficult to bring that instruction back. Mr. Hare spoke ofperformance measurements used by the City. He said that the City decided that it needed to work better to do the jobs with fewer people. He cited vehicle fleet management as an example. He said that the City was evaluating the contracting out ofvehicle maintenance. COMMUNITY OUTREACH TO SUPPORTEDUCATION Superintendent Maria Delapoer spoke of the 'ivolunteer" event earlier that day. She said that since the district began to reduce its budgets, many people asked "~ow can I help?" She said that the community and volunteers came together to accomplish some amazing projects. She said that the district partnered with the Albany Public Schools Foundation to identify all of the district needs. Councilor Johnson asked for examples of school needs. Ms. Delapoer spoke of landscaping, school supplies, and a middle school track program. City Manager Wes Hare said that he and Superintendent Delapoer attended a community roundtable which included participation of the City, hospital, Greater Albany School District, and Linn Benton Community College. He said that the biggest success, the science center at LBCC, was a quiet success. He said that he hoped to resurrect a similar process to make things better for children. Mr. Hare said that businesses have spoken ofthe need for skilled labor. He said that need could become a community priority. Ms. Delapoer said that the Chamber of Commerce and the hospital board had similar interests. Mr. Hare said that the City should be known as a place that takes care ofthe education ofits children. Ms. Delapoer spoke ofthe role of good schools in bringing professionals to the community. PRE-KINDERGARTENINFORMATIONAND PARTNERSHIPS Board Chair Sandi Gordon spoke of an achievement gap of children entering kindergarten. She said that some children come to school already able to read and others come to school unable to recognize a single letter. She said that she was interested in addressing children in age birth through entering kindergarten. She said that the school district had two very well attended meetings with teachers, administrators, and parents. She said that she invited community groups such as FACT, Head Start, Linn Benton Community College and Oregon State University. She said that the district wants to make information available to the families of young children. She noted the earlier discussion that graduation requirements are becoming ~ore stringent. She said that it is also becoming more difficult to enter kindergarten. She said that children need to come to kindergarten already knowing the basics of reading, but parents may be unable of that requirement. Board Chair Gordon said that the district has three sub-committees to determine what information should be provided to parents and how the district should connect with parents, child care providers and the families of children currently involved in a preschool program. She said that she hoped to have a product 53

56 Joint Meeting Minutes February 1, available to families by this spring. Director Boehme spoke ofthe importance ofhaving children reading at grade level bythe third grade. Ms. Delapoer said that some schools are offering an extended scbpol day to kindergarten students who need extra help. She said that the traditional offering for a kindergarten student is a half-day program, but some children arrive at the first day ofkindergarten not knowing how to hold a pencil, sit quietly, listen to instructions or take turns. She said that kindergarten is more rigorous than it used to be. CENTRAL ALBANYREVITALIZATIONAREA AND ITS EFFECT UPONSCHOOL PLANNING City Manager Wes Hare said that participants might be aware ofthe controversy around the Central Albany RevitalizationArea (CARA). He saidthathe wouldaddress CARA's impactuponschool finances. He saidthat CARA actuallyhas very little impactupon school fmancing. He explainedthatthe $600,000 of additional property tax money earned from the urban renewal area would not be directed to the school district. mstead, tbat amount would be made up by the State through the district's per-pupil allotment for educational programs. He said that if all of that $600,000 in property tax were directed to the Greater Albany School District, the State would essentially subtract a nearly equal amount from the money the State gives the school district. Mr. Hare said that communities that do not have urban renewal plans are essentially subsidizing communities like Albany that do. He said that Albany would have that $600,000 to perform the projects selected by CARA such as building renovations, historic preservation or infrastructure improvement which would save money for water and sewer fee payers. He said that urban renewal uses a mechanism called taxincrement financing. He said that the purpose was to spur development, particularly in assessed value, in areas that have bee ll economically lagging. He said that nation-wide, the structure has been a very powerful tool in changing the nature ofeconomically lagging areas, particularly in central cities. He explained the finances. He said that a municipality would begin with a base year, which in Albany's case was He said that the property tax revenue available to all of the property tax receiving jurisdictions would remain the same. He said that any growth in assessed value, beyond that base year, wouldbe forwarded to the urban renewal agency to spur increased development and assessed value within the renewal district. He said that, over time, one would see an acceleration of assessed value within the district. He said that while the assessed value ofthe remainder ofthe City grew at the rate of one and one halfpercent, the assessed value in the CARA district grew by nine percent. Board Chair Gordon said that she grew up in Albany and now works in the downtown revitalization area. She said that foot traffic coming into the bank office where she works has doubled. She said that her branch hired additional employees. Mayor Konopa said that the assessed value of property within the revitalization district increased by 389 percent over the last 1 years. Councilor Collins said that when the CARA program was developed, it had the approval of every taxing jurisdiction including the school district. He estimated that the program would complete by Director Boehme asked how tax revenue would be applied after the revitalization debt was completed. He 54

57 Joint Meeting Minutes February 1, asked at what point the City would stop funding new projects. Mr. Hare replied that it used to be that urban renewal could only fund projects through debt fmancing, meaning that cities had to go into debt. He explained that the idea was to compel 'districts to leverage larger sums of money to get results faster. He said that the money would then be paid off over a long period of time. He said that there was a change in the law and cities were no longer compelled to go into debt. He said it was now a policy choice as to when the city wished to stop using debt as the mechanism for funding projects. He said that this year, he was encouraging the Council to make a very conservative estimate ofthe revenue corning in with the primary focus of ensuring the City could cover its debt obligations with urban renewal money. He forecasted that the City would soon have income beyond its debt service requirements possibly as soon as next year. He explained that a number ofchoices could be made. BUSINESS OF THE COUNCIL AND BOARD Board Chair Gordon said that one ofthe district's beloved Board members, Bill 0 'Bryan, resigned from the Board for health reasons. She said that he gave a lot to the school district and the community. She wished him and his family very well. She said that in the coming weeks, the Board would appoint someone to finish Mr. O'Bryan's term. Councilor Olsen asked of the procedure to replace the School Board member. Board Chair Gordon said that the Board would consider an application process similar to the method used by the Board to fill openings in the Budget Committee. She noted that the vacancy was in an "At-large" position, meaning anyone living in the district could apply. ADJOURNMENT Board Chair Gordon adjourned the meeting at 8:30 p.m. Sandi Gordon, Board C air (Recorded by Jim Haggart) Business and Report Items - Document Reference (filed with original minutes) Copies of documents presented for action and report purposes are located in the district audit folder prepared for permanent record. 55

58 Planning Commission approved: July 16, 2012 City Council approved: _ ct1!jjcihij.' CITY OF ALBANY CITY COUNCIL/PLANNING COMMISSION JOINT WORK SESSION MEETING Municipal Court Room Monday, April 23, :15 p.m. MINUTES CALL TO ORDER Mayor Sharon Konopa called the meeting to order at 5: 15 p.m. ROLLCALL City Councilors and Planning Commissioners signed in via a sign-in sheet. [See agenda file.] Councilors present: Councilors Bill Coburn, Floyd Collins, Ray Kopczynski, Bessie Johnson, JeffChristman, Dick Olsen Councilors absent: None Planning Commissioners present: Commissioners Cordell Post, Michael StyleI', Lolly Gibbs, Dala Rouse, Kate Foster Planning Commissioners absent: Commissioners Larry Tomlin, David Faller, Dave Wood, Glenda Fleming BUSINESS FROM THE PUBLIC SOUTH ALBANY AREA PLAN UPDATE Joe Dills, a Planner with Otak, Inc., said that his consulting firm is working for the City on this project. He said that the process stmied in September 2011 and we have reached the ~ mark and have produced a draft preferred plan. The work that still needs to be done before implementation includes proposals for land-use regulations, transportation analysis, and the funding and financing aspect. There will be some more public involvement and ifthe schedule is maintained, the plan will be ready for adoption in September He said that the South Albany Area Plan is almost 2,000 acres. This plan looks at the big picture to assist with working on smaller picture decisions and allows for years ofpossible growth. Dills discussed the maps that were included in the agenda packet. He said that first map is called Land Use and Neighborhood Framework [page 10] and it captures the fundamental areas of Oak Creek. The next map [page 11] is called Street Framework Concept and it has been discussed a lot. He said that the placement of intersections along Ellingson Road still needs to be decided. This street framework shows the primary set of streets that will ensure good connectivity in South Albany. Planning Commissioner Dala Rouse asked how the traffic flow will work on Ellingson Road with the roundabouts and the right-ins and right-outs. Dills said that the traffic flows freely on both sides of Ellingson if a person is making a right turn into or out of a neighborhood. There wouldn't be cross left movements where there is a right-in or right-out. Planning Commissioner Lolly Gibbs asked ifthere will be a planter strip in the middle of these. Dills said that there will be a median. Community Development Director Greg Byrne said that the medians would be for pedestrian crossings and for storm water control. Councilor Ray Kopczynski asked if it would make it a longer distance.for pedestrians to cross with the extra turning lanes. Byrne said that the idea is thafthere won't be turn pockets there and there won't be a deceleration lane. There will be a refuge area for pedestrians in the median. 56

59 Albany City Council Page 2 of 4 April 23, 2012 Councilor Floyd Collins asked ifthe streets that are on the south side of Ellingson that go to the Urban Growth Boundary (UGB) are being deadheaded with the thought that there may be a UGB expansion. Dills said that they are being deadheaded ifthere is an expansion and the street framework could be continued. Councilor Bessie Johnson asked what the area at the end Oak Creek Parkway is. Dills said it is a loop. Rouse asked if there would be parking by the lake. Dills said that there will be public parking at the lakes. Councilor Dick Olsen asked ifthis map shows all ofthe planned streets or just the main streets. Dills said that it shows the main streets. He said that one ofthe resource layers underneath this set ofplan maps is many acres ofsecondary wetlands. These wetlands are regulated by the State ifthey meet the criteria. Dills said that another transportation issue to consider is the railroad. There are three places where the roads would cross the railroad. He said what needs to be considered is how to ensure good access to all ofthe employment areas. The plan is to do some further analysis of the transportation impacts and then contact ODOT Rail and then bring it back for review. Collins asked ifthey are at-grade crossings. Dills said that he couldn't say for sure. Byrne said that one ofthe next steps is detailed work on traffic generation out of an employment area of this size. He said there needs to be an adequate street system to serve the area once it is developed. Dills said that the Trails Framework Concept map [page 13] grew from the first community workshop. He said that there is a high level ofsupport for trails in the process. The trails that cross Oak Creek might be best to be consolidated with the Lochner crossing. The Transportation System Plan does include an Oak Creek trail that goes along the south side. Dills said that the trails were looked at as a way to integrate into the existing community. Johnson asked what can be done to make the trail go across Oak Creek. Parks & Recreation Director Ed Hodney said that there are several possibilities including bridge structures, elevating the trails, culvelts, and strategically locating those crossings. He said that it is a complex trail system and very wide in some areas. Dills said that Page 14 is the Land Use Plan. The red squares are village centers; the dark yellow is medium density housing; and the light yellow is lower density housing. He said that the community wanted a number of village centers to serve the local needs ofthe area. This SUPPOltS the vision ofa walkable Albany. He said that these are pretty small parcels with the largest being four acres on Lochner and Ellingson Road. He said another option is to take two ofthese parcels to create a six-acre parcel. Byrne said that this reflects existing zoning and there are multiple ownerships. Dills said that the next map is labeled Community Park - Alternative Sites [Page 15]. He said that the City owns the propelty labeled #1 on the map. He said that there was some discussion about having an alternative site and that is labeled #2 on the map. The conclusionwas to recognize that park site #1 is the most viable and will work well. Gibbs asked ifthe discussions were still open with GAPS. Byrne said that is correct. Hodney said that with site #1 it would be possible to have a place where all public facilities are congregated. An above ground reservoir, fire station, community park, and school facility could all be around this site. Planning Manager Heather Hansen said that one ofthe reasons to do this is if the City has a location, it makes it easier to plan for City facilities and would stimulate private development around it since the infrastructure would be in place. Dills said that Page 16 is a map of elementary school sites. He said that this map has been coordinated with GAPS. There is demand for at least one elementary school and possibly two over time. The sites are in a central area to serve all ofthe neighborhoods. Dills said that the last map [Page 17] is called Lochner Realignment/Land Use. He said this would have been a connection between Lochner Road and Marion Street and would require the acquisition of new land. It proved to be something that can't be done due to the BPA right-of-way lines, the alignment to the correctional facility, and other factors. He said that it doesn't look feasible. Collins asked if this is one of the rail systems that would look at allowing a drop line. Dills sawfes. Konopa said that the current residential areas need to be considered as well.

60 Albany City Council Page 3 of4 April 23, 2012 Byrne said that staff and the consultants were able to do some specific mapping which includes the roundabouts, the rail crossings, and the 53 rd overpass. He said that there are some things that are more difficult to map including trail siting, streets in the industrial areas, and village centers. He suggested coming up with some policy language that will guide future decisions. Hansen said that various depattments have been included in the mapping process including Parks & Recreation, Fire, and Public Works; and the depattments are considering collocation of public facilities. She said that GAPS was also included in the conversation. The next steps are to purchase propelty and identify phasing and funding. Councilor Jeff Christman said that he understands that there will probably be a need for a fire station and reservoir, but he doesn't see these included on the maps. He said that it was mentioned as part ofpark site #1, and ifthis is the concept then it should be listed that way instead of having it labeled as a park. Hansen said that it was just discussed in the last few weeks. Christman said that it should be included on the map. Hansen suggested labeling the site "public facility site." Christman said that would work. Johnson asked if this is a year plan. Dills said that it is 20 years wolth of planning in regards to the facility needs, but there is more land here than there is 20 years worth of growth. He said it is actually a 50 year plan. Johnson said that there are ten parks on the map. Hodney said that these are not necessarily parks, but instead neighborhood focal points. Dills said that with neighborhood park standards it comes out to about six. Johnson is concerned with the funding side of the projects. It is important that the plan allows for flexibility to make changes to it if needed. Rouse said that she doesn't support having so many village centers. She would support the larger village center being on the south side of Ellingson Road and Columbus Road. She said that it would be better to have traffic signals instead of traffic circles near village centers. She said that there won't be a lot of people going down Lochner to get to a village center because it is in an industrial area. Collins said that he agrees with Rouse. Rouse suggested one larger village center in this area and then possibly some neighborhood commercial parcels instead of four village centers. Konopa said that these are small acreage parcels for village centers. Kopczynski asked how big the village center in North Albany is. Collins said that he believes it is about 12 acres. Johnson asked how much residential is on Lochner. Konopa said that there is not much. Hansen said that a village center and a neighborhood commercial aren't really that different. Byrne said that the difficulty is that there is a BPA easement that runs diagonally on that site and the walkability would be lost. He said that staff considered several different locations for neighborhood centers. The Lochner location was the one that is central to the vacant residential property. Johnson asked if the proposed park is the one east of Lochner and above Ellingson. Hodney said that is the preferred location for the park and it is about 27 acres. Johnson said that it makes sense to put a village center in this area since the park is there. Rouse said that the village center could be put on the other side of Ellingson and use the BPA right-of-way for a parking lot. Dills said that all of these points were looked at. He said that putting a village center north of Ellingson but west of BPA would have some catchment. Byrne said that this is a key point and ifthe village center is relocated it will change the mapping. Collins asked, "How do we adopt a concept that will be large enough to act like a village center, but leave the flexibility to the folks who actually site the facilities to determine the best location?" Konopa said that this is where the proper zoning and policy language comes into play. Byrne said that another factor that isn't apparent on the map is that the intersection at Highway 34 and Columbus is going to be a right-in and right-out. Most of the traffic from the interstate will be turning right on Columbus and coming north into Albany. Planning Commissioner Kate Foster said that she likes the proposed locations; especially the one on the west side. The sites are easy to walk to. Dills said that the idea was to get two small centers serving the neighborhoods. Rouse said that she thinks only one village center will fit this area. Byrne said that when this process was started, he had a strong bias for trying to get a supermarket into this area. He doesn't think it is possible with the property zoned the way it is. Coburn said that it will be driven my market conditions and who wants to develop first. 58