j] v4/1jdihi} ..----7 - albany, oregon · 10/9/2013 · spi·010/01-13 intion! ii).....

OUR MISSION IS

“Providing quality public services for a better Albany community.”

OUR VISION IS

“A vital and diversified community that promotes a high quality of life,

great neighborhoods, balanced economic growth, and quality public

services.”

Rules of Conduct for Public Meetings 1. No person shall be disorderly, abusive, or disruptive of

the orderly conduct of the 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.

NOTICE OF PUBLIC MEETING CITY OF ALBANY

CITY COUNCIL Council Chambers

333 Broadalbin Street SW Wednesday, October 9, 2013

7:15 p.m.

AGENDA

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3. ROLL CALL

4. SCHEDULED BUSINESS

a. Business from the Public

b. Adoption of Resolutions 1) Implementing House Bill 2662 relating to the neglect of vacant foreclosed residential real property.

[Pages 1-11] Action:________________________________________________________________ RES. NO.__________ 2) Accepting the abstract of votes regarding the ballots cast in the special election held Tuesday,

September 17, 2013, regarding Measure 22-119, a City of Albany Charter amendment. [2] Action:________________________________________________________________ RES. NO.__________

c. First Reading of Ordinance

1) Amending the City of Albany City Charter as approved by the electors of the city of Albany at the September 17, 2013, Special Election, and declaring an emergency. [Pages 13-14]

Action:________________________________________________________________ ORD. NO.__________

d. Adoption of Consent Calendar 1) Approval of Minutes

a) August 14, 2013, City Council Regular Session. [Pages 15-22] b) August 28, 2013, City Council Regular Session. [Pages 23-25] c) September 9, 2013, City Council Work Session. [Pages 26-27]

2) Appropriating funds for the Fiscal Year 2014 State Hazardous Materials Emergency Preparedness Grant on behalf of the Mid-Valley Local Emergency Planning Committee for hazardous materials related training and development of a Hazardous Materials Plan. [Pages 28-29] RES. NO.__________

3) Approving a liquor license application for Rodolfo Grade and Ricky Linares-Barnes, D/B/A La Aguila Mexican Store, 1776 Geary Street SE, #1. [Page 30]

4) Authorizing an application for Oregon Department of Transportation Speed Enforcement Grant funds to purchase speed measurement devices. [Page 31]

5) Establishing membership with National Purchasing Partners (NPP) and National Joint Powers Alliance (NJPA) by entering into Intergovernmental Agreements for the purpose of cooperative purchasing for fiscal year 2013-2014 and automatic annual renewal thereafter. [Pages 32-34]

Action: _______________________________________________________________________________________

8/3:.,;;"~~".'

"" J] ...~

v4/1jdihi}..----71•

Albany City Council of 2 October 9, 2013

5. BUSINESS FROM THE COUNCIL

6. NEXT MEETING DATE: Work Session October 21, 2013 Regular Session October 23, 2013

7. ADJOURNMENT

City of Albany Web site: www.cityofalbany.net

The location of the meeting/hearing is accessible to the disabled. If you have a disability that requires accommodation, advanced notice is requested by notifying the City Manager’s Office at 541-917-7508, 541-704-2307, or 541-917-7519.

TO: Albany City Council

cT'/Jjcihii··----7"·VIA:

FROM:

DATE:

Wes Hare, City ManagerMarilyn Smith, Public Information Officer

Mary Gaeta, Senior Code Compliance Inspector

October 1, 2013, for the October 9, 2013, City Council Meeting

SUBJECT: Implementing Oregon House Bill 2662 Relating to the Neglect of Vacant ForeclosedResidential Real Property

RELATES TO STRATEGIC PLAN THEME: .. Great Neighborhoods

• A Safe City

.. An Effective Government

Action Requested:

Adopt a resolution implementing Oregon House Bill (HB) 2662 to address residential blight arisingfrom lender neglect of vacant foreclosed propeliies.

Discussion:

More than 200 residential propeliies are currently vacant in the city of Albany. Of these, more than50 exhibit visible signs of neglect ranging from overgrown vegetation to dilapidation to obviouslyunsecured windows and doors. City residents complain of the negative effects these vacant propertieshave on their enjoyment of their own homes and express their frustration that some lenders either failto respond when called regarding such issues or do not bother to post the properties with contactinformation of any kind.

In some cases, the impacts of this blight go beyond simply being a neighborhood eyesore and escalateto a public safety concern. The strinKof arson fires set in vacant buildings in late 2010 is a reminderof the risk that unsecured and/or neglected propeliies present.

HB 2662 was adopted by the 2013 Oregon Legislature and signed into law by Governor Kitzhaber. Itprovides local governments with the authority to secure and clean up vacant, neglected, foreclosedresidential property and attach a priority lien that can then be recovered when the propeliy is sold.HB 2662 also requires a foreclosing owner, lender, or agent to post a durable notice including contactinformation on the vacant property and to provide that contact information to the local government.

Budget Impact: The resolution will require staff to maintain contact information for the partiesresponsible for upkeep of the vacant properties, something we already do. As needed, staff will issuecitations for violations and file liens, if necessary. HB 2662 gives us a clearer path to cost recoverythan our own propeliy maintenance code (AMC Title 18) or current noxious vegetation regulations.

MG:MS:deAttachments 9

U:\Adminislralive Services\Cily Manager's OjJice\CC mmo re HE 2662_. doc

1

77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

Enrolled

House Bill 2662Sponsored by Representative FREDERICK; Representative VEGA PEDERSON (Presession filed.)

CHAPTER

AN ACT

Relating to the neglect of foreclosed residential real property; and declaring an emergency.

Be It Enacted by the People of the State of Oregon;

SECTION 1. (1) As used in this section:(a) Foreclosed residential real property means residential property, as defined in ORS

18.901, that an owner obtains as a result of:(A) Foreclosing a trust deed on the residential property: or(B) Receiving a jUdgment that forecloses a lien on the residential property.(b) Neglect means:(A) To fail or a failure to maintain the buildings, grounds or appurtenances of foreclosed

residential real property in such a way as to allow:(i) Excessive growth of foliage that diminishes the value of adjacent property;(ii) Trespassers or squatters to remain on the foreclosed residential real property or in

a structure located on the foreclosed residential real property;(ill) MosqUito larvae or pupae to grow in standing water on the foreclosed residential real

pI' operty; or(IV) Other conditions on the foreclosed residential real property that cause or contribute

to causing a public nuisance.(B) To fail or a failure to monitor the condition of foreclosed residential real property

by inspecting the foreclosed residential real property at least once every 30 days with sufficient attention so as to prevent, or to identify and remedy, a condition described in SUbparagraph (A) of this paragraph.

(C) Owner means a person, other than a local government, that forecloses a trust deedby advertisement and sale under ORS 86.735 or by suit under ORS 88.010.

(d) Reasonable costs means actual and demonstrable costs that are commensuratewith and do not exceed the market rate for services necessary to remedy a condition ofneglect, piUS the actual and demonstrable costs of administering a contract for services toremedy a condition of neglect or the portion of the costs of a program to remedy conditionsof neglect that are attributable to remedying a condition of neglect for specific foreclosedresidential real property.

(2)(a) An owner may not neglect the owner's foreclosed residential real property duringany period in which the foreclosed residential real property is vacant.

(b) An owner shall provide the owner's name or the name of the owner's agent and atelephone number or other means for contacting the owner or agent to:

Enrolled House Bill 2662 (HB 2662-A) Page 1

2

cotlspicLIOLlS location on the foreclosedfor the local gov

e owner shall replace thereal property during a period

(A) The neighborhood association for the neighborhood in which the foreclosed residential real property is located; or

(8) An official that the local government designates to receive the Information describedin this paragraph.

(c) An owner shall postresidential real property thaternment that a person may call tonotice If the notice Is removed from the foreclosed residentialwhen the foreclosed residential real property Is

or t he agent of an owner shallto the local ent

tial real property(3)(a) If a local government finds a violation of subsection (2)(a) of this section, the local

government shall notify the owner In writing of the foreclosed residential real property thatIs the sUbject of the Violation and in accordance with paragraph (b) or (C) of this subsection,as appropriate, shall specify a time within which the owner must remedy the condition ofneglect that is the basis for the local government's finding.

(b) The local government shall allow the owner not less than 30 days to remedy the violation unfess the local government makes a determination under paragraph (c) of this sub-'section and shall provide the owner with an opportunity to contest the local government'sfinding at a hearing. The owner must contest the local government's finding within 10 daysafter the local government notifies the owner of the violation.

(c) If the local government determines that a specific condition of the foreclosed residential real property constitutes a threat to public health or safety, the local governmentmay require an owner to remedy the specific condition in less than 30 days, provided thatthe local government specifies in the written notice the date by Which the owner mustremedy the specific condition. A local government may specify in the written notice differentdates by which the owner mLlst remedy separate conditions of neglect on the foreclosedresidential real property.

(4)(a) After a local government allows an owner the time specified in subsection (3)(b)of this section or makes a determination under subsection (3)(c) of this section. the localgovernment may remedy or contract with another person to remedy neglect or a specificcondition of neglect on foreclosed residential real property and require the owner to reimburse the local government for reasonable costs the local government incLll's under thisparagraph.

(b) A local government that has Incurred costs With respect to foreclosed residential realproperty under paragraph (a) of this subsection has a lien on the foreclosed residential realproperty for the sum of the local government's unreimbursed costs. A lien created underthis paragraph Is prior to all other liens and encumbrances, except that the lien has equalpriority with a tax lien. The lien attaches at the time the local government files a claim oflien With the cOLlnty clerk of the county in which the foreclosed residential real property islocated. A local government may bring an action in the circLlit court to foreclose the lien inthe manner provided for foreclosing other liens on real 01' personal property.

SECTION 2. This 2013 Act being necessary for the immediate preservation of the publicpeace, health and safety, an emergency is declared to exist, and this 2013 Act takes effecton it s passage.

Enrolled Hruse Bill 2662 (HB 2662-A) Page 2

3

SPI·010/01-13

INTION! Ii)..TE'NCION! ill

It Deja por favor cachones en su posicion actual menos articulos acondicionados parael invierno. Asegurese de que esos cEichones estan en el posicion "Pagado"

• No prende la agl.!a sin completar una inspeccion de camino a traves• No conecta la electricidad rli la gas a la cisterna calienteIt No Lltiliza los fregaderos ni los banos

o En --1---1_._ que esta propie-dad fue notada para tener una citaciolliinfraccioo anunciada.

Si la propiedadya no esta segurada 0 relatar un problema, poner en contacto:Safeguard Propertiessio costo alguno 85'5-563-9154.Por favor tengas la direccion de propiedao, el ciudadJestado, e informacion de c6digopostaIlista. _

•I

• Please leave breakers in their current position except for items winterized.Make sure those breakers are in the "OFF" position.

• 00 riot tum on water without completing awalk-through inspection• 00 not connect electricity or gelS to tihe hot water tank• 00 not use the sinks ortoiletso On ---.f--.1_this property was noted to have acitatiorVviolation posted.

If the property is no Ion ger seclire or to repo rt a problem, ContactSafeguarcf Properties toll-free at855-563-9154.Please have the property address, city/state, and zip code information ready

. .

5

•

RESOLUTION NO.

A RESOLUTION ACCEPTING THE ABSTRACT OF VOTES REGARDING THE BALLOTS CAST INTHE SPECIAL ELECTION HELD TUESDAY, SEPTEMBER 17,2013, REGARDING MEASURE 22-119,A CITY OF ALBANY CHARTER AMENDMENT.

WHEREAS, the Abstract of Votes prepared by Steve Druckenmiller, the duly elected, qualified County Clerkof the County of Linn, State of Oregon; as to the ballots cast in the Linn County election, held Tuesday,September 17,2013, regarding the local measure for the City of Albany have been certified; and

WHEREAS, the Abstract of Votes prepared by Codi Trudell, the duly appointed, qualified Manager ofRecording and Elections of the County of Benton, State of Oregon; as to the ballots cast in the Benton Countyelection, held Tuesday, September 17, 2013, regarding the local measure for the City of Albany have beencertified;

NOW, THEREFORE, BE IT RESOLVED that the same is hereby accepted.

TOTAL CERTIFIED

22-119: Charter amendment to require voter approval prior to City borrowing.

Linn County Benton County Total Votes

YesNo

4,9031,168

1,286440

6,189 Passed1,608

DATED AND EFFECTIVE THIS 9th DAY OF OCTOBER 2013.

MayorATTEST:

City Clerk

12G: IMarylElectionslRejerralslResolution. Canvass oj Votes. Measure 22-119.docx

ORDINANCE NO. ----

AN ORDINANCE OF ALBANY, LINN AND BENTON COUNTIES, OREGON, AMENDING THE CITY OFALBANY CITY CHARTER AS APPROVED BY THE ELECTORS OF THE CITY OF ALBANY AT THESEPTEMBER 17, 2013, SPECIAL ELECTION; AND DECLARING AN EMERGENCY.

WHEREAS, the City Council of the City of Albany referred to the electors of the City of Albany revisions to theCity of Albany Charter at the September 17,2103, Special Election; and

WHEREAS, the electors of the City of Albany voted to adopt the City of Albany Charter revisions (Measure22-119) as referred by the City Council.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF ALBANY DO ORDAIN AS FOLLOWS:

Section 1: The City Council of the City of Albany adopts the Charter changes revising the language in Section 44,Debt Limit, as follows:

Section 44 Debt Limit.

lli(cept by conseHt of the voters, the City's YoluHtary floating indebtedness shall conform with state la'll.For the purposes of calculating the limitation, however, the legally authorized debt of the City in e~dstence atthe time this eharter takes effect shall not be eonsidered. AJI City offioials and employees who oreate oroffieially approve any indebtedness in exeess of this limitation shall be joiHtly and severally liable for theexoess.

After enactment of this section by the people, The City Council shall not authorize anyborrowing unless the borrowing is specifically permitted by this Section 44.

a) Definition of Borrowing. "Borrowing" means any general obligation bond, revenue bond, fullfaith and credit financing agreement or subject-to-appropriation financing agreement or othercontract in which a party agrees to advance money to the City in exchange for the City's agreement torepay the advanced funds with interest over a period of more than thirteen months.

b) New borrowings with voter approval. The City Council may borrow money if the borrowingis approved by the City's electors. A borrowing shall be deemed to be approved by the City's electors ifthe number of votes cast in favor of the borrowing exceeds the number of votes cast against theborrowing.

c) Local improvement district bonds. The City Council may borrow money without approval ofthe City's electors if the borrowing finances a local improvement pursuant to ORS Chapter 223 (theBancroft Bonding Act) or any similar, replacement statute, the City Council will impose assessmentsfor the cost of the local improvement on benefitted property owners, and the city expects to be able topay the borrowing from assessment payments made by those benefitted property owners.

d) State law override. The City Council may borrow money without approval of the City'selectors if an Oregon statute authorizing the borrowing provides that the authority is not limited byother laws, such as a local charter limitation.

e) Emergency borrowings. (1) The City Council may borrow money without approval of theCity's electors if:

(i) the City publishes notice of the public hearing called for in this subsection e) in anewspaper of general circulation in the City at least two times before the hearing date;

(ii) the first notice of the public hearing is published not less than seven calendar days beforethe hearing date; .

(iii) the hearing notice describes the date, time, place, and the amount proposed to beborrowed;

(iv) following the hearing, the City Council adopts an ordinance making a legislativedetermination that:

G: IMarylElectionslRejerrals\Ordinance. Charter Amendment.Measure 22-119.docG: IMarylElectionslRejerrals\Ordinance. Charter Amendment.Measure12~119.doc

(A) an emergency exists,(B) the borrowing must be done quickly to avoid or mitigate that emergency, and(C) the project(s) to be financed with the borrowing are necessary to avoid or

mitigate that emergency.(2) For purposes of this subsection e):

(i) "emergency" means a situation that poses an immediate risk of significant economic loss to theCity, or an immediate risk to health, life, or property.

(ii) "significant economic loss" means an economic loss that exceeds $250 thousand.(iii) "immediate risk" means a risk that, at the time of the hearing, has already resulted in a loss or

harm, or that is expected to result in a loss or harm that will occur before the City can obtain approvalof its electors for a new borrowing pursuant to subsection b) of this section.

1) Refinancings for savings. The City Council may borrow money without approval of theCity's electors to refinance a City borrowing if the total principal and interest scheduled to be paid onthe refinancing is less than the total principal and interest that was scheduled to be paid on theborrowing that is refinanc.ed.

g) Personal Liability. All members of the City Council who vote to approve a borrowing inexcess of the amounts permitted by this Section 44 shall be jointly and severally liable for the excess.However, a member of the City Council shall not be liable under this paragraph if the member votedin good faith and in reliance upon an opinion of the City Attorney, Bond Counsel, or other legalcounsel engaged to provide an opinion concerning the borrowing in question, also given in good faith,that the borrowing for which the member voted is permitted by this Section 44.

Section 2: The City Recorder is instructed to take all appropriate action to codifY the measure in the City Charter.

Section 3: Emergency Clause. In as much as this ordinance is necessary for the immediate preservation of thepublic peace, health, and safety of the City of Albany, or to facilitate the prompt and timely completion ofimportant City business, an emergency is hereby declared to exist; and this Ordinance shall take effect and be infull force and effect when signed by the Mayor.

Passed by the Council: _

Approved by the Mayor: _

Effective Date:

MayorATTEST:

City Clerk

G: IMarylElectionslReferralslOrdinance. Charter Amendment.Measure 22-119.docG: IMarylElectionslReferralslOrdinance.Charter Amendment.Measur)2f119.doc

APPROVED: D:RA:Ft

CITY OF ALBANYCITY COUNCILCouncil Chambers

VVednesday, Plugust 14, 20137:15 p.m.

MINUTES

CALL TO ORDER

Mayor Sharon Konopa called the meeting to order at 7:15 p.m.

PLEDGE OF ALLEGLANCE TO THE FLPlG

Konopa led the pledge of allegiance to the flag.

ROLLCPlLL

Councilors present:

Councilors absent:

SCHEDULED BUSINESS

Public Hearings

Councilors Rich Kellum, Bessie Johnson, Ray Kopczynski, Dick Olsen, and Floyd Collins.

Councilor Bill Coburn was excused.

Plmending Chapter 3.26 of the Pllbany Municipal Code CPlMC) and gi:anting a nonexclusive cable subscribertelevision system franchise to Comcast of Oregon II, InC., an Oregon Corporation; fixing terms, conditions, andcompensation of such franchise; and repealing Ordinance 5687.

Open: Konopa opened the public hearing at 7: I8 p.m.

City Plttomey Jim Delapoer pointed out that the amendment the City Council asked for at the Plugust 12, 2013,VVork Session, regarding tree trimming, has been added to Section 3.26.190, page 9, of the proposed ordinanceon the dais (see agenda file). In the future, staff will bring it back to the Council with an ordinance revision thataffects all tree trimming by utilities. Delapoer noted the City has not had problems historically with Comcastperforming tree trimming in right-of-ways and he doesn't anticipate that they will.

Konopa noted that there was no one signed up to speak on the signup sheet (see agenda file). She asked ifanyone in the audience would like to speak. There were none.

Close: Konopa closed the public hearing at 7:20 p.m.

Delapoer read the ordinance for the first time in title only: .AN ORDINPlNCE PlMENDING CHi\PTER 3.26 OFTHE ALBPlNY MUNICIPAL CODE PlND GRPlNTING NONEXCLUSNE CPlBLE SUBSCRIBERTELEVISION SYSTEM FAANCHISE TO COMCPlST OF OREGON II, INC, PlN OREGONCORPOAATION; FIXING TERMS, CONDITIONS, PlND COMPENSPlTION OF SUCH FAANCHISE; PlNDREPEPlLING ORDIN.ANCE NO. 5687.

MOTION: Councilor Ray Kopczynski moved to have the ordinance read a second time in title only. CouncilorBessie Johnson seconded the motion and it passed 5-0.

Delapoer read the ordinance for a second time in title only.

MOTION: Johnson moved to adopt the ordinance and Kopczynski seconded it. The motion passed 5-0 and wasdesignated Ordinance No. 5815.

Vacating an access easement on Lot 1 of the Coastal Farm Subdivision plat, Linn County Survey Number 23 139in Pllbany, Oregon; adopting findings; and declaring an emergency.

Open: Konopa opened the public hearing at 7:21 p.m.

Infrastructure .i\nalyst Mike Leopard said they are considering the vacation ofa private access easement. It wasgranted through the Coastal Farm property for the benefit of the Kennel property to the east. Leopard usedoverheads to point out the location of the property (see agenda file). The access easement was a requirementwith the initial 2001 development of Coastal Farms. Part of the initial Coastal Farm development included asubdivision plat. The only reason the City is involved is this issue is because the easement was on a plat mapthus it requires a vacation process to eliminate the easement.

Leopard said the reason that Coastal Farms is requesting the easement to be vacated is because they are proposinga large addition to their building that would cover the easement area (see agenda file). They propose to move theeasement approximately 250 feet to the south. Coastal Farms is currently in negotiation with the Kennels to

15

Albany City Council Regular SessionAugust 14, 2013

finalize the easement language. Staff recommends that the Council approve the proposed easement vacation withthe stipulation that the two parties agree on the new location for the easement and have the new easement signedand recorded with Linn County. When the new easement is recorded, staff will come back to the Council for asecond reading of the ordinance. After that, any future dealings regarding the easement would then strictly bebetween the property owners.

Konopa noted there was no one signed up to speak (see agenda file).

Konopa asked if anyone in the audience wished to speak. There was none.

Closed: Konopa closed the public hearing at 7:24 p.m.

Delapoer read the ordinance for the first time in title only: VACATING AN ACCESS EASMENT ON LOT 1OF COASTAL FARM SUBDIVISION PLAT, LINN COUNTY SURVEY NUMBER 23139 IN ALBANY,OREGON; ADOPTING FINDINGS; AND DECLARING AN EMERGENCY.

Proposed renaming of two sections of public streets.

Declaring a street name change for a public street dedicated and named on the Kribs First Addition and KribsSecond Addition subdivision plats in Linn County, and declaring an emergency.

Open: Konopa opened the public hearing at 7:25 p.m.

Leopard said they will be considering street name changes for two separate sections of public streets. The ORSincludes a procedure for renaming streets. The key statutes provide that the Planning Commission shallrecommend to the City Council the renaming of any existing street if, in their judgment, the renaming is in thebest interest of the City. If the Planning Commission makes that recommendation then a public hearing is set.After the hearing the Council can approve the street renaming by passing an ordinance or deny it by resolution.If approved, staffnotifies the appropriate agencies and neighbors.

The first request is to rename a portion of 25th Avenue. This case was brought to the City's attention by LinnCounty because of conflicts between their official records and the addressing of homes on the street. Leopardused several overheads, also in the agenda packet, throughout his presentation. Leopard said, it was originallyplatted and named 25th Avenue on the Kribs First Addition and Kribs Second Addition subdivision plats in 1971.Homes began to be built about 1976. For an unknown reason they were given Ermine Street addresses. It ispossible the City decided Ermine Street made more sense but failed to make the change official with LinnCounty. As a result all but one of the homes along the street in question are addressed as Ermine Street. The onehouse that is not is 2463 25th Avenue. If the street name change is approved then the only property that will beaffected is that property. If the Council denies the recommendation then the other 21 homes on the street willstill have addresses that conflict with Linn County.

Leopard said the second request is the proposed renaming of a relatively new street, North Albany Road. Itappeared on three recent subdivision plats, Benton Woods (2007), Clairewood (2009), and Benton Woods PhaseII (2011). The City's Transportation System Plan (TSP) shows a minor collector street that is being extendedwest of Crocker Lane. The proposal to rename the section of street was initiated by the Albany Fire Department(AFD). The Fire Marshal believes that changing the section of the street from Scenic Drive to Crocker Lane tobe renamed 23,d Avenue would result in less confusion for emergency response.

Leopard said there has not been a lot of development in the area to date. Only one of the lots facing the streethas been developed. Because no building permits have been issued yet, no addresses have been assigned. Theproperty owner at 3004 North Albany Road would have to change their address to 23,d Avenue. Ifthe Councilchose not to make the name change, then no homes would be affected.

Leopard pointed out that these are two distinct cases and can be approved or denied separately.

Kopczynski asked if there are safety issues involved in renaming 25th Street to Ermine Street. Leopard said hecan't speak for AFD; but the request does make sense for clarity. Kopczysnki asked if there was a way theCouncil could help that property owner in having to make all the changes involved with the address change.Leopard said all the neighbors have been notified of the Planning Commission public hearing and tonight'spublic hearing. Discussion followed.

Councilor Dick Olsen asked at what point the North Albany Road would become 25th Avenue. Leopard said,from Crocker Lane and Scenic Drive. Discussion followed.

Johnson said she was recently in the Ermine Street area and it is confusing. She thinks this will help to improvethe continuity. Discussion followed.

Councilor Floyd Collins said that Dover Lane in North Albany is an example of another street that should berenamed. They need to get specific with the names of streets at the time they are platting subdivisions.Discussion followed.

2

16


Konopa noted there was no one on the signup sheet (see agenda file).

Konopa asked if anyone in the audience would like to comment. There were none.

Closed: Konopa closed 7:40 p.m.

Delapoer read the ordinance for the first time in title only: AN ORDINANCE DECLARING A STREET NAMECHANGE FOR A PUBLIC STREET DEDICATED AND NAMED ON THE KRIBS FIRST ADDITION ANDKRIBS SECOND ADDITION SUBDIVISION PLATS, IN LINN COUNTY; AND DECLARING ANEMERGENCY.

MOTION: Johnson moved to have the ordinance read a second time in title only. Councilor Rich Kellumseconded the motion and it passed 5-0.


MOTION: Johnson moved to adopt the ordinance and Kopczynski seconded it.

Kellum pointed out that there are property owners in each street name change scenario that will beinconvenienced by having to change addresses. He thinks the City should compensate them in some small wayfor the inconvenience.

Johnson also doesn't like to inconvenience people but she realizes it is sometimes necessary.

VOTE: A vote was taken on the motion and it passed 5-0 and was declared Ordinance No. 5816.

Declaring a street name change for public streets dedicated and named on the Clairewood, Benton Woods, andBenton Woods Phase II subdivision Plats in Benton County; and declaring an emergency.

Delapoer read the ordinance for the first time in title only: AN ORDINANCE DECLARING A STREET NAMECHANGE FOR PUBLIC STREETS DEDICATED AND NAMED ON THE CLAIREWOOD, BENTONWOODS, AND BENTON WOODS PHASE II SUBDIVISION PLATS, IN BENTON COUNTY; ANDDECLARING AN EMERGENCY.

MOTION: Johnson moved to have the ordinance read a second time in title only. Kellum seconded the motionand it passed 5-0.


MOTION: Johnson moved to adopt the ordinance and Kellum seconded it. The motion passed 5-0 and wasdesignated Ordinance No. 5817.

Continued Public Hearing

Draft Community Development Block Grant Plans.

Konopa said, next on tonight's agenda is a continued public hearing to hear public comments on communitydevelopment needs that could be assisted with Community Development Block Grant funds and to hearcomments on the City's Consolidated Plan and Annual Action Plan. All persons wishing to testifY need toapproach the microphone, state their full name and current address, and sign in at the table.

Reopened: Konopa reopened the public hearing at 7:45 p.m.

Lead Long Range Planner Anne Catlin said the Council had asked staff to bring back comments theyreceived after the last public hearing. They did receive one email which is included in the agenda packet onpage 43; and a letter from Joann Zimmer which is on the dais (see agenda file). Both the letter and email arein support of the plans, and the letter was also in support of the.process. Catlin pointed out that page 68 ofthe agenda packet will change based on the testimony tonight. Also on the dais is the Summary ofComments Received (see agenda file).

Konopa noted that there was one person signed up to speak (see agenda file). However, that person intendedto speak on another agenda item. They made no comments to this issue.

Konopa asked if anyone in the audience would like to comment. There were none. .

Closed: Konopa closed the public hearing at 7:46 p.m.

3

17

Albany City Council Regular SessionAugust 14,2013

- - ,-_.- ------------_._-_. -----------~~-~

Adopting Albany's Consolidated Plan for Fiscal Years 2013 through 2017 for Community DevelopmentBlock Grant Programs as required by the U.S. Department ofHousing and Urban Development <HOD).

MOTION: Collins moved to adopt the Consolidated Plan for Fiscal Years 2013 through 2017 forCommunity Development Block Grant Programs and Kopczynski seconded it. The motion passed 5-0 andwas designated Resolution No. 6256.

Adopting Albany's Annual Action Plan for Fiscal Year 2013-2014 for Community Development BlockGrant Programs as required by HUD.

MOTION: Kopczynski moved to adopt the Annual Action Plan for Fiscal Year 2013-2014 for theCommunity Development Block Grant Programs and Collins seconded the motion as required by HUD. Themotion passed 5-0 and was designated Resolution No. 6257.

Adopting Albany's Residential Anti-displacement and Relocation Assistance Plan as required by the Housingand Community Development Act of 1974 as amended.

MOTION: Kopczynski moved'to adopt Albany's Residential Anti-displacement and Relocation AssistancePlan and Collins seconded it. The motion passed 5-0 and was designated Resolution No, 6258.

Authorizing the Mayor to sign the Community Development Block Grant application and certificationdocuments as stipulated by HUD.

MOTION: Collins moved to authorize the Mayor to sign the Community Development Block Grantapplication and certification documents. Kopczynski seconded the motion and it passed 5-0.

Authorizing staff to submit the completed Plans to HUD for review and approval.

MOTION: Collins moved to authorize staff to submit the completed Plans to HUD for review and approval.Kellum seconded the motion and it passed 5-0.

Konopa thanked Catlin for her hard work.

Business from the Public

Bill Root, 2634 Valley View Drive, said his wife Nancy is a member of the Friends of the Library and works atthe Carnegie Library book store. In the process of exiting Carnegie by the main entrance, she fell from the topstep to the sidewalk and was severely hurt, Root said that her coworkers came to her aid and called 911. Rootsaid Jolene Kachel-Kreger, a patient advocate at Samaritan Albany General Hospital, and Ken Fandrem, an offduty officer for Albany Police Department (APD), were driving by and stopped to offer their assistance. Rootsaid his wife was happy to be in the care of a police officer. Root first met Fandrem when Root invited him toparticipate in the American Motorcycle Association annual Toy Run and Veteran's Day Parade. Root relayed thestory of how Fandrem ended up in front of the Carnegie that day because of a wrong tum. Root said,Kachel-Kreger and Fandrem are everyday heroes. He thanked them both for their service and noted that his wifewill completely recover.

Dick Owen, 810 Cox Street, said that the Public Works Director did a fantastic job negotiating a sewer bill and hesees nothing wrong with his work, except there is one problem. Owen said he refuses to pay the usage portion ofhis sewer bill. He wants a sewer meter to be installed at his honse. He submitted his bill for the record (seeagenda file).

Jim Clausen, 1403 15th Street, spoke about the vagrants under the bridge. He recently saw glass in the streetwhile driving under the bridge and he thinks it is about time that something is done. He thinks the steps proposedtonight are good. He asked how the proposed ordinances would affect Firefighters doing fundraising with Fillthe Boot. Konopa said that activity is exempt by state law.

Clausen said he read Hasso Hering's blog about someone's claim of prisoners from different counties going toHelping Hands. He said he is not sure how true that is but he thinks that in a way the City helped to create theproblem by helping the homeless so much. He thinks it would help if Helping Hands moved. He said he rides amotorcycle and finds it difficult to ride when groups congregate under the bridge.

Bill Ortman, 734 Baker Street, said he spoke at the previous Work Session. From his window at home he noticeda party going on in the adjacent fields and videotaped it. It did include two men urinating and making a mess. Hesaid that someone commented that government can't legislate behavior.' He doesn't think these ordinances can dothat either, but what they can do is to give the cops tools to do something about the bad behavior, such as littering,indecent exposure, public defecation, unruliness, and noise. He doesn't think this will stop all the drinking, but itwill reduce the amount. It would curb some of the behavior if there were consequences. He said, Albany isgetting a reputation as somewhere to party and drink in public. Some people come for a week or two and thenleave. Ortman implored the Council to pass the ordinances and reminded the Council that they are here to protect'

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the citizens and make Albany as livable as possible. He sees so much improvement in Albany and hates to seethis kind ofbehavior spoil Albany's potential.

Johnson said that she said that behavior cannot be legislated, but by no means did she mean that citizens shouldnot be protected. She meant people cannot be forced to go to rehab or get help. She thinks these ordinances are agood start in helping the citizens.

Ortman said the next step for Albany is to fmd some sort of detox facility or other solution. In the meantime thisis a good tool to stop some ofthe behavior. .

Frank Moore, 2529 Hill Street SE, works at the Linn County Health Department. He also believes the liquorordinance won't eliminate those activities from Albany completely, but it is a quality of life issue for those wholive here. He said there is a bench at Swanson Park with his father's name on it, yet he fears for young children tobe at that park because of things he has seen take place there. He is in charge of the drug and alcohol treatment

_program for Linn County. They do provide a lot of services. He agrees with Johnson that folks can't be forcedinto treatment but this is a step in the right direction.

Moore said the other ordinance deals witha public health issue, with obvious risks and hazards when people usepublic places to defecate and urinate.

Curtis Bell represents the Albany Police Association (APA). On behalf of the APA, he supports both ordinances;they will be fantastic tools that can be used to keep Albany safe and pleasant to live in.

Bell also supports the GO Bond going to the November 5, 2013, election for public safety buildings. It wouldprovide assistance in providing emergency services to the citizens. Bell thanked the Council for their continuedsupport of APD.

First Reading of Ordinances

Levving assessments against propertY specifically benefited by sewer and water connections and the assessmentof Sewer, Water, Parks, and Transportation System Development Charges for propertY described as Tax Lot8300, parcel lOS-04W-25CA, and site address 1980 Arroyo Ridge Drive NW, and declaring an emergency.

Delapoer read the ordinance for the first time in title only: AN ORDINANCE TO LEVY ASSESSMENTSAGAINST PROPERTY SPECIFICALLY BENEFITED BY SEWER AND WATER CONNECTIONS ANDTHE ASSESSMENT OF SEWER, WATER, PARKS, AND TRANSPORTATION SYSTEM DEVELOPMENTCHARGES FOR PROPERTY DESCRIBED AS TAX LOT 8300, OF PARCEL 10S-04W-25CA, AND SITEADDRESS 1980 ARROYO RIDGE DRNW; AND DECLARING AN EMERGENCY.

MOTION: Kopczynski moved to have the ordinance read a second time in title only. Kellum seconded it andthe motion passed 5-0.


MOTION: Kopczynski moved to adopt the ordinance and Kellum seconded it.

Johnson asked if the property is outside the City limits. Konopa said it is a new subdivision in the City limits.

VOTE: A vote was taken on the motion and it passed 5-0 and was designated Ordinance No. 5818.

Amending AMC 7.08.040 to prohibit possession of an open container of alcoholic beverage in a public place anddeclaring an emergency.

Delapoer read the ordinance for the first time in title only: AN ORDINANCE AMENDING AMC 7.08.040 TOPROHIBIT THE POSSESSION OF AN OPEN CONTAINER OF ALCOHOLIC BEVERAGE IN A PUBLICPLACE AND DECLARING AN EMERGENCY.

MOTION: Kopczynski moved to have the ordinance read a second time in title only and Kellum seconded it.The motion passed 5-0 and was designated Ordinance No. 5819.


MOTION: Johnson moved to adopt the ordinance and Kellum seconded it.

Olsen said that for these law enforcement issues he likes to put himself in the other person's shoes. There areveterans coming home who may end up not being able to hold a job. He said, it is not just veterans, but alsoschizophrenics. He had wondered if these ordinances would work or if there were other ideas but no one cameforward with alternative ideas. However, some neighbors came forward and described annoying, unhealthy, andunsafe situations. He said it reminded him of a time several years ago when Bryant Park had become unusable forsome of the same reasons and at that time the Council did something to curtail the problem. He thinks they do

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need these ordinances to curtail the misbehavior. He thinks the paths that do not have a drivable road tend toattract nuisance. He is concerned about neighborhood livability and thinks that drinking and carousing is a majorproblem; he will be voting in favor of the ordinances.

VOTE: A vote was taken on the motion and it passed 5-0 and was designated Ordinance No. 5819.

Amending AMC Chapter 9.04 to prohibit the deposit or discharge of human waste on public property anddeclaring an emergency.

Delapoer read the ordinance for the first time in title only: AN ORDINANCE AMENDING CHAPTER 9.04 TOPROHIBIT THE DEPOSIT OR DIsCHARGE OF HUMAN WASTE ON PUBLIC PROPERTY ANDDECLARING AN EMERGENCY.

MOTION: Johnson moved that the ordinance be read a second time in title only. Collins seconded the motionand it passed 5-0.


MOTION: Collins moved to adopt the ordinance and Kopczynski seconded it. The motion passed 5-0 and wasdesignated Ordinance No. 5820.

Adoption of Resolutions

Authorizing the acceptance of a donation of 94.12 acres ofreal property in Southwest Albany for park purposes.

MOTION: Collins moved to adopt the resolution and Kopczynski seconded it.

Kellum said that a Linn County Commissioner said that there may be problem with this property having an olddump on it. He said they searched County records and it appears to be clear. Kellum thinks that if the CityCouncil plans to do something with it they need to know what was there; certain elements do not go away. Therewas a problem with the same material at the Coffin Butte landfill. Kellum said he wants to make sure they eitherfind out what is there, or if they cannot, then they should not dig there. Discussion followed.

Collins is not sure there is a way to check for certain. He explained that it would be difficult to sample 92 acres.They went through an exhaustive process with the Environmental Protection Agency (EPA) and the Deparnnentof Environmental Quality (DEQ) when the first dump site was identified and they got a no-further action letter;but being able to check the site to verify there was no dumping after that point would be difficult. Collins thinksthat Kellum's warning to be careful about what they do at the site in the future is wise.

Kopczynksi asked if the owner can indemnify the City. Delapoer said they the City could ask the owner tocontractually obligate him but it unlikely an attorney would advise him to concede to it.

Johnson pointed out that the last WHEREAS statement said the City has been assured there is no subsurfacecontamination.

Parks & Recreation Director Ed Hodney said it is always good to ask a property owner if there something underthe ground, but the bottom line is all they have are the records available. They do have records from the state thatidentifies sites in Albany that are of concern, one which is the City dump site. Hodney said the old City dumpproperty is adjacent to one of these tracts the City is accepting, but it has been monitored and the state is satisfiedwith that property, and so is the City. The City has not done an environmental assessment on the 94 acres. To doso would be expensive and there needs to be some overt evidence that would compel staff to recommend it.Hodney said they also asked the donor if he knows of anything of concern; Hodney thinks at this point that is allthey can do. He also agrees that Kellum's admonishment is valuable. Discussion followed.

VOTE: A vote was taken on the motion and it passed 5-0 and was designated Resolution No. 6259.

Restating uses of litigation settlement proceeds for public safety facilities and economic development.

MOTION: Kopczynski- moved to adopt the resolution and Collins seconded it. The motion passed 5-0 and wasdesignated Resolution No. 6260.

Calling a measure election to submit to the electors of the City the question of amending the City Charter toauthorize up to $20.3 million of General Obligation Bonds to finance public safety projects, declaring intent toreimburse expenditures, and providing for related matters.

MOTION: Kopczynski moved to adopt the resolution and Collins seconded it.

Olsen said he appreciates City Manager Wes Hare's explanation that revenue bonds are not being recommendedbecause public safety just doesn't create a sufficient revenue stream.

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Kellum said that there may be some citizens that might vote for police or fIre facilities but not both, and he askedifthere was merit it splitting the issues on the ballot. Hare said there would be some costs such as bond counselfees. Hare said the principal reason for posing one question is because they have both been in the Strategic Planfor many years; the Council has expressed this as an immediate need; and this seems to be the cheapest time toaccomplish the task based on current interest rates.

VOTE: A vote was taken on the motion and it passed 5-0 and was designated Resolution No. 6261.

Adoption of Consent Calendar

1) Approval of Minutesa) July 10, 2013, City Council Regular Session.b) July 22,2013, City Council Work Session.

2) Applying for the Fiscal Year 2013 State Homeland Security Grant Program through application by LinnCounty for funding to conduct an earthquake exercise and purchase multiband portable radio equipment forthe Fire Department. RES. NO. 6262

3) Authorizing the City Manager to execute a Quitclaim Deed to release an easement over a sewer main on theLinn County jail property. RES. NO. 6263

4) Approving liquor licenses for:a) US Market #250, LLC, 1012 34th Avenue SE.b) Movie Geek Enterprises, LLC, d/b/a Pix Theatre, 321 Second Avenue SW.

Johnson asked for item 2) to be removed for discussion.

MOTION: Johnson moved to adopt the Consent Calendar with item 2) removed for discussion. Collinsseconded the motion and it passed 5-0.

Johnson said $10 million seems to be a lot to complete the upgrade. Assistant Fire Chief Shane Wooton said thatAFD is part of Linn County dispatch, which is part of a broader, county-wide radio system; so in order to do aunilateral change; it means other agencies have to make the change as we!1. It would include portable radios,vehicle radios, and dispatcher radios and would be a massive change to infrastructure of the system. This actionallows AFD to do it without using City funds by using a grant through Linn County. It would purchase 30radios, allowing each fIre apparatus to have a radio that could communicate with APD on emergency scenes.

MOTION: Johnson moved to adopt item 2) and Collins seconded it. The passed 5-0 and was designatedResolution No. 6262.

Award of Bid

ST-14-04A, Water Avenue Rehabilitation, Phase 1.

Public Works Director Mark Shepard said this is a joint project with the railroad. The railroad has beenimproving tracks on Water Avenue and this contract is for the City to follow behind their work and do the paving.This is a benefit of the new agreement with the railroad. Shepard said contractor, Knife River, is fairly local.

MOTION: Collins moved to award the contract in the amount of $168,976 to Knife River Corporation Northwestof Tangent, Oregon, and Johnson seconded it.

Konopa asked about this specifIc area. Shepard said it is one of the worse parts of the street. The other part ofthe street will be done in a separate project.

VOTE: A vote was taken on the motion and it passed 5-0.

Appointment

Appointing Kelley Guilliot to the Library Board.

MOTION: Collins moved to appoint Kelley Guilliot to the Library Board. Kopczynski seconded the motion andit passed 5-0.

Report

November and December 2013 Council meeting dates.

There were no changes requested. The Council agreed with the schedule for November and December 2013Council meeting dates.

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21

Albany City Council Regular SessionAugust 14,2013

BUSINESS FROM THE COUNCIL

Collins asked for an update about the landscaping around Pings Restaurant. Shepard said that part of the City'snegotiations with Pings to acquire the right-of-way was to pay them $30,000 based on bids Ping's had received to relocatetheir sign and complete the landscaping on their property. The landscaping has not been completed but they have beencompensated for it. Shepard said the City did not give a deadline for the lalldscaping to be done, though he could callPings to check the status. Collins said that would be a good idea because people are assuming the City has not finishedthe landscaping.

Johnson said the median on Waverly Street looks awful with overgrown weeds, etc. Konopa agreed. Shepard will havePublic Works staff take care of it.

Hare reminded the Council of the City picnic.

Konopa noted the brochure regarding Northwest Art & Air Festival (see agenda file).

NEXT MEETING DATES: Work Session August 26, 2013Regular Session August 28,2013

ADJOURNMENT

There being no other business, the meeting was adjourned at 8:45 p.m.

Respectfully submitted,

Mary A. Dibble, MMCCity Clerk

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Reviewed by,

Stewart TaylorFinance Director

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APPROVED: DRAFt

CITY OF ALBANYCITY COUNCILCouncil Chambers

VVednesday, i\ugust28, 20137:15 p.m.

MINUTES

CALL TO ORDER

Mayor Sharon Konopa called the meeting to order at 7: 15 p.m.

PLEDGE OF ALLEGLANCE TO THE FLi\G

Konopa led the pledge of allegiance to the flag.

ROLLCALL

Councilors present:

Councilors absent:

Councilors Rich Kellum, Bill Coburn, Bessie Johnson, Ray Kopczynski, Dick Olsen, andFloyd Collins..

None.

SPECI1\L PRESENTi\TION

GFOi\ i\wards.

Michelle Hawkins, Linn County Treasurer, is a representative of Oregon Municipal Finance Officers i\ssociation(OMFOi\) and Government Finance Officers i\ssociation (GFOi\).

The GFOi\ Excellence in Financial Reporting for the Comprehensive i\nnual Financial Report (CMR) awardwas presented to Senior i\ccountant Michael Murzynsky (see agenda file). Hawkins said this is the 29th

consecutive year that the City has received the award.

Murzynsky thanked the City Council for their support. He noted that retired Finance Manager John Stahl wasfirst to receive the award and Finance staff has continued to receive it over the years.

Hawkins explained that the Popular i\nnual Financial Report (PMR) is a type of financial reporting; GFOi\ hasrecently started to award cities and counties for excellent PMRs. i\lbany is the second city in Oregon to receiveall three budget and fmancial reporting awards. The GFOi\ Excellence in Popular Financial ReportingCertificate was awarded to Senior i\ccountant i\nne Baker. Hawkins commended Baker for the work she putinto the PMR and receiving the award (see agenda file.)

Baker said she has been working for i\lbany for 3.5 years. She enjoys the environment and is thankful to have aboss who encourages his staff. She said she plans to stay.

SCHEDULED BUSINESS

Communication

i\ccepting Oscar Hull's resignation from the i\rts Commission.

MOTION: Councilor Ray Kopczynski moved to accept the resignation from the i\rts Commission andCouncilor Rich Kellum seconded it. The motion passed 6-0.

Business from the Public

There was no business from the public.

i\doption of Consent Calendar

1) i\pproval ofMinutesa) i\ugust 5, 2013, City Council Work Session.

MOTION: Councilor Bill Coburn moved to adopt the Consent Calendar as presented. Kopczynski seconded themotion and it passed 6-0.

BUSINESS FROM THE COUNCIL

Councilor Bessie Johnson thanked all the volunteers for making the Northwest i\rt & i\ir Festival a success. Konopa saidstaff and volunteers did an outstandingjob. She heard wonderful comments from attendees.

23

Albany City Council Regular Session.August 28,2013

Coburn referred to a comment made at a previous meeting by Councilor Dick Olsen in which Olsen suggested returningto the practice of mailing City Bridges. He wonders if it had been discussed further. City Manager Wes Hare said theyhave made some changes such as expanding the electronic distribution list. Hare said that 26,000 people received a copyvia email. Staff harvested local email addresses from various City functions. This will reach a much broader audiencethan the number they had sent City Bridges to before, which was 274 subscribers. Management Assistant/PublicInformation Officer Marilyn Smith said that the emails were sent in groups of 5,000 at a time so they can watch how theyroll out. A small number were marked as spam, and about 300 unsubscribed. Most of those who unsubscribe don't live inAlbany anymore. Smith said the rate at which readers are actually opening the document is about 26%, which is aboutthe industry average. They are tracking the data associated with it. They have not discussed bringing back the paperversion yet but they can have that conversation.

Olsen thinks there is a geographic distribution as to how people are informed.

Olsen said he was transported in a City ambulance. The employees were helpful and courteous. He appreciates the carehe received.

Hare said some citizens raised the question about what process the City plans to use to get information out about theGeneral Obligation (GO) bond measure to be voted on in November. Hare said there have been discussions aboutholding an open house at the Fire Department and Police Department. Open houses will be scheduled based onavailability and convenience, recognizing that public resources cannot be used to advocate. They can have fact sheetsavailable but they cannot ask folks to vote one way or another. Staff did not come up with a plan for a town hall, forexample, though they are always willing to answer questions of citizens. There are also public meetings in the form ofWork Sessions and City Council meetings, and if the Council desired to they could designate a meeting to discuss the GObond measure. Hare asked the Council for direction.

Konopa said that when the City went out for the Library bond they held an open house at the facility. She likes the ideaofopen houses or tours and also suggested having pictures of the work spaces displayed.

City Attorney Jim Delapoer said if the Council chose to advertise open houses at either facility, he encourages CityCouncilors to be the proctors for those events because they are unconstrained in what they can say, whereas staff cananswer factual questions only.

Councilor Floyd Collins said he has been approached by a couple of citizens who volunteered to help because they knowthe history of the facilities. He thinks it would be very valuable to have citizens involved. Delapoer suggested formerCity directors may want to participate as well. Smith said that retired Police Chief Ed Boyd has already volunteered tohelp. They are uniquely knowledgeable about the facilities.

Collins asked if Public Safety Commission members are constrained in the same way staff is. Delapoer said they aremore constrained than the Councilors because they are appointed, not elected; but they are not paid like staff, so he thinksthey would be free to speak as citizens. However, they should declare that they are speaking as citizens who serve on thePublic Safety Commission and be clear that they are not speaking on behalfof the Commission.

Discussion followed about holding a Work Session at the fire facility. Staff will work on a schedule for Councilapproval.

Discussion followed regarding items on the website.

Hare said he will be out of town September 3 and also September 16-30.

AN ORDINANCE AMENDING CHAPTER 3.26 OF THE ALBANY MUNICIPAL CODE CAMe) WHICH GRANTSA NONEXCLUSNE, CABLE SUBSCRIBER TELEVISION SYSTEM FRANCHISE TO COMCAST OF OREGON II,INC., AN OREGON CORPORATION; AND DECLARING AN EMERGENCY.

Delapoer explained the ordinance on the dais (see agenda file). He said this cleans up a mistake that Comcast made in theordinance, which contains two inconsistent dates. One date allows 30 days for signatures and the other reference allows60 days; Comcast needs 60 days, so this amendment simply changes the effective date to give Comcast time to sign.

Delapoer read the ordinance for the first time in title only.

MOTION: Coburn moved to have the ordinance read a second time in title only. Kopczynski seconded the mqtion and itpassed 6-0.

Delapoer read the ordinance for the second time in title only.

MOTION: Coburn moved to adopt the ordinance and Kopczynski seconded it. The motion passed 6-0 and wasdesignated Ordinance No. 5821.

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RECESS TO EXECUTIVE SESSION TO DISCUSS REAL PROPERTY NEGOTIATIONS IN ACCORDANCE WITHORS 192.660 (2)(e)

The Regular Session recessed to Executive Session at 7:40 p.m.

RECONVENE

The Regular Session reconvened at 8:09 p.m.

Bradner said that October 5, 2013, is the annual Fire Department Treasure Hunt. There will be children's activities ateach station, and along with their parents they have about 1,000 participants.

NEXT MEETING DATE:

ADJOURNMENT

Work Session September 9,2013Regular Session September 11, 2013



Mary A. Dibble, MMCCity Clerk

3

,"

Reviewed by,


25

APPROVED: bRAFP

CITY OF ALBANYCITY COUNCIL WORK SESSION

Municipal Court RoomMonday, September 9,2013

4:00 p.m.

MINUTES

CALL TO ORDER

Mayor Sharon Konopa called the meeting to order at 4:00 p.m.

ROLLCALL

Councilors present:

Councilors absent:

Councilors Bill Coburn, Floyd Collins, Bessie Johnson, Rich Kellum, Ray Kopczynski, andDick Olsen.

None.

BUSINESS FROM THE PUBLIC

None.

STRATEGIC PLAN REVIEW

City Manager Wes Hare said the Strategic Plan serves as the basis for the construction of the annual budget. He said thetwo documents express what the Council wants to do with the resources the community has given to the City in order toprovide services to the public. He discussed the General Fund balance reports in tenns of revenues versus expendituresfrom 2008 to 2013. Over the last five years, revenues and expenditures have remained balanced and costs have beenstable. He said property taxes and franchise fees are the biggest revenue sources for the General Fund. He said personnelcosts will continue to rise due to PERS, health insurance, and salary schedule increases. He said the Strategic Plan willnot have any major new initiatives and will focus on maintaining the structure of services in the City of Albany.

Councilor Floyd Collins said public safety and maintenance of public health through the provision of water andwastewater are the most important services needed for the public. Hare said he believes this is reflected in the Budgetand Strategic Plan because the majority of the budget is spent on fire and police services along with water, wastewater,and streets. He said the City has other activities that support these services along with additional functions like Parks &Recreation and the Library. He said the Strategic Plan is divided by four themes: Great Neighborhoods, A Safe City,A Healthy Economy, and An Effective Government. He said the Strategic Plan is a tool used to achieve long-term goalsand objectives for the City. He said measurements have been included in the Plan to verify that objectives are beingcompleted. He asked for feedback from the Councilors to make sure the Strategic Plan is reflective of what is importantto them as representatives of the community, and that it is the appropriate basis for constructing a budget for next year.

Councilor Ray Kopczynski asked, when looking back five years, how much activity occurred due to reacting to thingsoutside of the City's control versus what was originally planned for? Hare said the fact that service levels have beenmaintained is due to conscious decisions that have been made. Collins said Goal 5 wasn't anticipated and it ended upbeing a 12-14 month process. He said it wasn't part of the five-year plan, but things come up and have to be dealt withwhen they arise. He said the Council and staff has done a good job of responding to unknown issues. Hare said theStrategic Plan serves as a way to communicate to the citizens what is trying to be accomplished in the City.

Kopczynski asked if staff perceives anything measurably different in the next five years. Hare said he does see somethreats on the horizon. He said the City is still facing unknowns regarding the revenue outlook, PERS reform, the impactof healthcare changes, and experience ratings for healthcare which can drive costs up. The short-tenn challenge will bekeeping revenues and expenditures in alignment. Collins asked if public comments are sought prior to evaluating andsetting the Strategic Plan. Hare said the Strategic Plan is usually developed first and then goes out for public comment.He said few comments are usually received regarding the Strategic Plan. He said the reason for reviewing the StrategicPlan is to see if the Council is satisfied with the document and the process. Collins said, we don't market Albany as wellas we should. He said more could be done in the economic development area to get Albany on the map because a healthyeconomy will spur revenue generation. He said if the economy keeps going down, it puts pressure on the servicesprovided and could increase the demand for those services. Collins said, we need to look at ways to spur the economy,market Albany, and generate an increased revenue stream that allows for flexibility to provide services.

Councilor Bessie Johnson said she understands one of the goals is to maintain services, but is concerned about pushingemployees to take on more tasks. Hare said, in regards to Community Development, the number ofpennits issued hasgone down and contract employees are relied on when appropriate. He said it's not a universal solution, but it works forsome situations.

Councilor Bill Coburn said the improvements made in technology will allow people to be more productive.

Councilor Rich Kellum said this helps people prioritize what tasks need to be done and if the tasks can be done moreefficiently. Hare said that the City has been aggressive at finding ways to do things more effectively at a lower cost.Discussion followed.

26

Albany City Council Work SessionSeptember 9,2013

Konopa asked the Council if there is anything in the Strategic Plan that needs to be reviewed. Kellum said he would liketo read through the Strategic Plan and make comments about it at a future meeting. Hare said that a meeting can bescheduled before the end of the year to go over the Strategic Plan. Collins said he would like the process to includeasking the community about the Strategic Plan. Hare said it will be online and encouraged the Council to talk about itwith their constituents.

Konopa said by the end of the year, the staff and Council will know what the revenue from property taxes is. Hare saidstaffwill continue to update the Council about the revenue status.

Konopa said Lebanon Lowe's was contesting their property taxes and asked if it would affect Albany. Hare said it couldaffect Albany. He said Linn County has brought in a team of experts to backup their assessment. Hare said he isoptimistic that Lowe's won't be successful with their appeal because the property was assessed by the local assessor andthey tend to be conservative.

COUNCILOR COMMENTS

Johnson asked if there was any damage from the storm last week. Public Works Director Mark Shepard said there wasover 3.5 inches of rain in a four-hour period of time. He said crews were working on the sewer-lift stations until1:30 a.m., and did an amazing job to keep things going. He said there are problem areas that can only be maintained atthis point. Parks & Recreation Director Ed Hodney said there was approximately $30,000 worth of damage done to theSenior Center due to the lightning.

Kellum said he loved the music at the NW Art & Air Festival. He said that he heard a couple of complaints about thewristbands and noticed there were not enough porta-potties available near the concert. He said he truly enjoyed theconcert and festival.

Kellum asked Council to authorize staff to make a list of standard things that will be asked for with the building of thepolice and fue stations. He said people don't know what will be asked for with a design-build plan and this will be a wayto inform people. Hare said he believes staff can come up with a straight-forward fact sheet. Konopa said that when thestudy was done, it did show some comparisons of what was built in other cities. She suggested using a couple ofcomparisons as examples of other similar projects. Hare said the emphasis for both of the facilities will be function.Kellum said this needs to be communicated to the citizens.

Collins asked if the land-use approval for Lowe's included tree felling permits. He thought some trees were supposed tobe left in the parking lot, but noticed all of them are gone. Hare said the trees were delivered to the Sawing For Schoolsprogram which was coordinated by Mark Azevedo. Shepard said Lowe's is in compliance with their permits. Collinsasked ifthere is anything planned for the lot that is being filled at Ray's. Hasso Hering said there is nothing planned, butleveling the lot will make it easier to develop. Collins said last week he, Hare, Kellum, and Kopczynski attended theAlbany Chamber of Commerce Governmental Affairs meeting and the committee voted to support the GeneralObligation Bond.

Konopa said when there was a lot of land-use activity, there used to be an update of applications on the website. Haresaid that there is an interactive map on the website that shows what is going on. Konopa asked if it includes privatedevelopment. Hare said he believes so. Konopa asked if it is for pending or actual construction. Shepard said he willcheck on this. Collins asked if staff is still targeting to be out for bids for the Gibson Hill, North Albany, and Main Streetprojects in early 2014. Shepard said yes, all of those projects are scheduled for next summer.

Konopa asked if the City will be fined for the sewer overflow that occurred during the storm. Shepard said he doesn'tthink so because there are some allowances made when there is that much rainfall during a storm. Collins asked if thestorm was considered a 10- or 20-year stOlID. Shepard said he believes it was a ten-year or greater storm.

Councilor Dick Olsen asked about Hare's hike. Hare said he and his son hiked 80 miles along the Pacific Crest Trailunder four days. He said the scenery was beautiful and it was a terrific hike.

CITY MANAGER REPORT

None.

ADJOURNMENT



Diana EilersAdministrative Assistant I

2

Reviewed by,


27

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TO:·

. VIA:

FROM:

DATE:

Albany City Council

Wes Hare, City Manager

John R. Bradner, Fire Chief di BOctober 1,2013, for the October 9,2013, City Council Meeting

•• 1 1. ••

SUBJECT: Acceptance ofFY 2014 State Hazardous Materials Emergency Preparedness Grant onBehalf of the Mid-Valley Local Emergency Planning Committee

RELATES TO STRATEGIC PLAN THEME:. A Safe City

Action Requested:

City Council approval by resolution to appropriate funds for the FY 2014 State HazardousMaterials Emergency Preparedness (HMEP) Grant on behalf of the Mid-Valley Local EmergencyPlanning Committee (LEPC) for hazardous materials related training and development of aHazardous Materials Plan.

Discussion:

The City of Albany participates on the Mid-Valley LEPC. The State Fire Marshal's Officeprovides grant opportunities to Oregon LEPCs for hazardous materials emergency preparednessand requires a city or fire service agency to receive and distribute grant funds on behalf of theLEPC.

The Mid-Valley LEPC has been notified by the State Fire Marshal's Office that they have beenapproved for the FY 2014 HMEP grant for the following activities:

,

1. Hazardous Materials Training for Linn and Benton County Emergency Responders2. Hazardous Materials Technician Training for Two Oregon Regional 5 HazMat Team

Members3. Hazardous Materials Tabletop Exercise for Linn and Benton County Emergency

Responders and Oregon Regional 5 HazMat Team4. Development of a Hazardous Materials Plan for the Mid-Valley LEPC

Budget Impact:

$29,200 - FY 2014 Hazardous Materials Emergency Preparedness Grant (203-25-5089)

The grant requires an in-kind match of $7,300, which would be satisfied through personnelparticipation in grant-supported activities.

JB:ljh

Attachment

28

RESOLUTION NO. _

A RESOLUTION APPROPRIATING FUNDS FOR THE FISCAL YEAR 2014 STATE HAZARDOUSMATERIALS EMERGENCY PREPAREDNESS GRANT ON BEHALF OF THE MID-VALLEYLOCAL EMERGENCY PLANNING COMMITTEE FOR HAZARDOUS MATERIALS RELATEDTRAINING AND DEVELOPMENT OF A HAZARDOUS MATERIALS PLAN.

WHEREAS, the City of Albany participates on the Mid-Valley Local Emergency Planning Committee;and

WHEREAS, the Mid-Valley Local Emergency Planning Committee applied for funding through the FY.2014 State Hazardous Materials Emergency Preparedness Grant; and

WHEREAS the State has notified the Mid-Valley Local Emergency Planning Committee that they will beawarded funding through the FY 2014 State Hazardous Materials Emergency Preparedness Grant forhazardous materials related training and development of a Hazardous Materials Plan; and

WHEREAS the FY 2014 State Hazardous Materials Emergency Preparedness Grant requires an in-kindmatch which can be satisfied through member participation in grant-supported activities; and

WHEREAS, the State requires that a city or fire service agency be the pass-through for receipt anddistribution of grant funds on behalf of the local emergency planning committees.

WHEREAS, Oregon Local Budget Law provides that expenditures in the year of receipt of grants, gifts;bequests or devices transferred to the local government in trust for a specific purpose may be made afterenactment of a resolution or ordinance authorizing the expenditure (ORS 294.326(3)).

NOW, THEREFORE, BE IT RESOLVED, the Albany City Council authorizes the Fire Department toreceive funds in the amount of $29,200 from the FY 2014 State Hazardous Materials EmergencyPreparedness Grant on behalf of the Mid-Valley Local Emergency Planning Committee for hazardousmaterials related training and development of a Hazardous Materials Plan.

BE IT FURTHER RESOLVED, the FY 2014 State Hazardous Materials Emergency Preparedness Grantfunds are hereby appropriated as follows:

Resources:

FY 2014 State Hazardous Materials Emergency Preparedness Grant 203-25-5089: $29,200

Requirements:

FY 2014 State Hazardous Materials Emergency Preparedness Grant 203-25-5089: $29,200

DATED AND EFFECTIVE THIS 9TH DAY OF OCTOBER 2013.

MayorATTEST:

City Clerk

29

'II ALBANY

~1:!T'£!

TO:

VIA:

FROM:

DATE:

.~_. i_

Albany City Council


Mario Lattanzio, Chief of PolicerOctober 1,2013, for October 9,2013, City Council Meeting

SUBJECT: New Outlet, Off-Premises Sales, Liquor License Application for Rodolfo Grade andRicky Linares-Barnes, dba La Aguila Mexican Store, located at 1776 Geary StreetSE, #1.

Action Requested:

I recommend the New Outlet, Off-Premises Sales; Liquor License Application for Rodolfo Gradeand Ricky Linares-Barnes, dba La Aguila Mexican Store, located at 1776 Geary Street SE, #1, beapproved.

Discussion:

Rodolfo Grade and Ricky Linares-Barnes on behalf of Rodolfo Grade and Ricky Linares-Barnes,dba La Aguila Mexican Store, have applied for a New Outlet, Off-Premises Sales liquor license.Based on a background and criminal history investigation through Albany Police Departmentrecords, the applicants have no criminal record.

Budget Impact:

None.

MSR

30

--' p~..' L. _

• ALBANY~ POLICE....ARTMENT

TO:

VIA:

FROM:

DATE:

Albany City Council


Mario Lattanzio, Chief ofPolice jJ.Y--

September 25,2013, for October 9,2013, Council Meeting

SUBJECT: Application for Oregon Department of Transportation Speed Enforcement GrantFunds to Purchase Speed Measurement Devices

RELATES TO STRATEGIC PLAN THEME:. A Safe City

• An Effective Government

Action Requested:

City Council authorization for the Albany Police Department to apply for Oregon Department ofTransportation Speed Enforcement Program grant funds during Fiscal Year 2013-14 in theamount of $4,900 (CFDA No. 20.600, Project No. SC-14-35-12) to reimburse for 80% of thepurchase and installation costs for speed measurement equipment valued at $6,100.

Discussion:

Speeding continues to be one of the most prevalent factors contributing to traffic crashes inOregon. Several past community surveys and the Service Priorities Task Force identified speedmeasurement and traffic enforcement as high priorities for our community. The goal is to reducedeaths and injuries through enforcement. The City Council has approved several other similarODOT Speed Enforcement grant requests since 2007.

The Albany Police Department has 14 patrol vehicles, with 8 being used during each shift. Of the14 vehicles, only 3 are equipped with moving radars. We have 5 additional handheld radars/lidarsfor patrol and specialty units to share. The addition of 2 moving radars and 1 lidar would increaseour effectiveness for speed enforcement. We applied to purchase two MPH Bee III Moving Radarunits, 1 Laser Technology LTI TruSpeed Lidar and installation costs. Each radar unit costs$2,000, the Lidar costs $1,700, with an additional installation cost of approximately $400. Totalcost to purchase and install the equipment is $6,100. This grant will reimburse the City for$4,900, leaving a balance of $1,200 which with be the required 20% City match. The funds mustbe spent no later than September 30,2014. The $1,200 balance not covered by grant funds will becovered by approved Police General Funds for minor equipment (100-30-1301-61028).

The window to apply was very small, so the Department has applied for the funds. If we receivegrant approval, I will prepare a Council memo and resolution to appropriate the funds since theywere not included in our annual budget.

Budget Impact:

The local match required is 20% of the purchase price and to complete a Residual ValueAgreement (RVA) on each piece of equipment for three years. The RVA is a simple form thataffirms we still have the equipment and are using it.

31

•v4/hcihii··----7"·

TO:

VIA:

FROM:

DATE:

Albany City Council


Stewart Taylor, Finance DirectorDiane Wood, Purchasing Coordinator

October 1,2013, for the October 9,2013, City Council Meeting

SUBJECT: Cooperative Purchasing through National Purchasing Partners and National JointPowers Alliance

RELATES TO STRATEGIC PLAN THEME: •. An Effective Government

Action Requested:. (

City Council approval to establish membership with National Purchasing Partners (NPP) andNational Joint Powers Alliance (NJPA) by entering into Intergovernmental Agreements for thepurpose of cooperative purchasing for fiscal year 2013-2014 and automatic annual renewalthereafter.

Discussion:

The City of Albany utilizes cooperative procurements for both time and budget savings and as anavenue to locate a variety of competitively bid contracts, ORS Section 279A.200-225 and OAR137-046-0400 through 480 provide state and local government authority to use cooperativeprocurements as a method to purchase goods and services.

NPP is a Cooperative Purchasing Organization (CPO) that offers aportfolio of competitively bid,publicly awarded contracts to public entities. Membership is free and there is no obligation topurchase. Members have access to items such as lawn, construction, and playground equipment,office and industrial supplies, data communications, furniture, safety products, tires and more,

NPP was founded in 200 1 and is one of the largest purchasing organizations in the country. It is\owned by Virginia Mason Medical Center in Seattle, Washington. Contracts are competitivelysolicited by the Lead Public Agency, frequently the League of Oregon Cities, in accordance withgovernment purchasing regulations, NPP is a channel that offers publicly awarded agreements tolocal and state government entities throughout the nation. Participating members may onlyprocure the goods listed on the Master Price Agreement.

NIPA is a public Agency and was originally created as 1 of 10 Minnesota Service Cooperativesin 1978. NJPA was established as a cooperative purchasing program to assist governments toachieve lower prices by using combined national purchasing. Joining NJPA allows the Cityanother opportunity to access nationally leveraged purchasing contracts, Members have access tovendors who provide fleet services, heavy and utility equipment, technology and communication,and transportation. NJPA provides a Participating Membership at no cost.

Currently, the Public Works Department is researching options to purchase a tractor to be used byWater, Streets, and the Airport, In addition, Public Works is considering purchasing specializedequipment for wastewater collection. Both NPP and NJPA offer several contracts that could beconsidered for these purchases. Additionally, both cooperative programs promote time and cost

H:IDatalWordIPURCHASINGlcooperativeWJPA NPP Cooperative Purchasing Council Memo 100913 2.docx Page 1 012

32

savings, offer competitive contracts advertised in Oregon, and pattern solicitations using Oregonprocurement guidelines.

Budget Impact:

There is no budget impact to enter into the cooperative purchasing agreements.

DWAttachment

H:IDala1WordlPURCHAS1NGlcooperaliveWJPA NPP Cooperative Purchasing Council Memo 100913 2.docx Page 2 of2

33

I- - _ • "

MEMBERSHIP AGREEMENTPARTICIPATING MEMBER

ORGANIZATION INFORMATION (** Required Information)

Applicant Name: **

Address: **

City, State, Zip **

FederallD Number:

Contact Person: **

Title: **

E-mail: **

Phone:

Website:

APPLICANT ORGANIZATION TYPE:

~JPANational Joint Powers Alliance"

Please indicate an address to which yourMembership materials may be delivered.

Thank you.

D K-12

D Government or Municipality (please specify: _

D Higher Education

D Other (please specify: _

I WAS REFERRED BY: (please specify)

D Advertisement

D Current NJPA Member

D Vendor Representative

D Trade Show

D NJPA Website

D Other

Completed applications may be returned to:

National Joint Powers Alliance ®

202 12TH Street NE

Staples, MN 56479

Duff Erholtz

Phone 218-894-5490

Fax 218-894-3045

E-mail [email protected]

j] v4/1jdihi} ..----7 - albany, oregon · 10/9/2013 · spi·010/01-13 intion! ii).....

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