Loading...
September 22, 2014 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD E,CWII L ISA LLSWORTHOUNCILOR ARD CCA MC,CWIII P ETER CALLUMOUNCILOR ARD ITYOUNCILGENDA C,CWIV J AMES OXOUNCILOR ARD L,CWV F RANK ONERGANOUNCILOR ARD S22,2014–7:00.. EPTEMBERPM M,CWVI E RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None Appointments: None 4.COMMUNITY/GOVERNMENT ORGANIZATIONS None 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None Presentations: None 6.COMMUNICATIONS None – This allows the public to introduce items for 7.BUSINESS FROM THE PUBLIC Council consideration not already scheduled on the agenda. –Items listed on the consent agenda are considered 8.CONSENTAGENDA routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. This facility isADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318at least 24 hours prior to this meeting. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** September 22, 2014Council Agenda Page i A.Woodburn City Council minutes of September 8, 20141 Recommended Action:Approve the minutes. B.Woodburn City Council Executive Session minutes of 4 September 8, 2014 Recommended Action:Approve the minutes. C.Crime Statistics through August 20145 Recommended Action:Receive the report. 9.TABLEDBUSINESS None 10.PUBLIC HEARINGS None –Members of the public wishing to comment on items 11.GENERAL BUSINESS of general business must complete and submit a speaker’s card to the City Recorder prior to commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. A.Council Bill No. 2967 -An Ordinance Prohibiting Residential 10 Parking on Unimproved Areas; Allowing the Placing of Citations on Illegally Parked Vehicles and Providing for EnforcementProcedures(Second Reading) Recommended Action:This item is placed on the City Council agenda for a second reading. B.Council Bill No. 2969 -An Ordinance Amending Ordinance13 2338 (the Nuisance Ordinance) to Add aNew Section Regulating Light Trespass in Residentially-Zoned Areas Recommended Action:It is being recommended that the City Council consider the adoption of the attached Ordinance regulating light trespass in residentially-zoned areas under defined conditions. C.Intergovernmental Memorandum of Understanding Between 27 the City and Woodburn School District 103 Related to the Shared Use of Facilities Recommended Action:It is recommended that the City Council authorize the City Administrator to enter into an Intergovernmental Memorandum of Understanding (MOU) with Woodburn School District 103 related to the shared use of facilities for recreation, academic, and athletic programs. September 22, 2014Council Agenda Page ii – These 12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS are PlanningCommission or Administrative Land Use actions that may be called up by the City Council. None 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.EXECUTIVE SESSION To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS192.660(2)(d).(Pursuant to ORS 192.660 (4) this matter is placed on the agenda with the understanding that members of the news media are excluded). To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (2)(i). 16.ADJOURNMENT September 22, 2014Council Agenda Page iii COUNCIL MEETING MINUTES SEPTEMBER 8, 2014 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, SEPTEMBER 8, 2014 CONVENED The meeting convened at 7:00 p.m. withMayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Absent Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Ellsworth Present Councilor Alonso Leon Present Staff Present: City Administrator Derickson, City Attorney Shields, Economic and Development Director Hendryx, Police Chief Russell, Finance Director Head, Human Resources Director Hereford,Captain Alexander, Captain Garrett, City Engineer Liljequist, Communications Coordinator Horton, City Recorder Pierson PROCLAMATION 0:00 Hispanic Heritage Month- Mayor Figley read the proclamation and recognized Elida Sifuentes, Councilor Alonso Leon, Anthony and Melinda Veliz, Elias Villegas and Marta Trinidad for their contributions to the City of Woodburn. PRESENTATIONS 0:01 Frank Garcia, Director of Diversity and Inclusion in the Governor’s office, provided some history and data on Hispanic influence and accomplishments in Oregon. CONSENT AGENDA 0:27 A.Woodburn City Council minutes of August 11, 2014 B.Woodburn Recreation and Park Board minutes of August 12, 2014 C.Liquor License Off-Premises Sales, New Outlet D.Building Activity for August 2014 E.Crime Statistics through July 2014 McCallum/Morris …adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARING A Public Hearing to consider the City of Woodburn’s 2014-15 Supplemental Budget Request. Mayor Figley declared the hearing open at 7:17 p.m. for the purpose of hearing public input on the City’s 2014-15 Supplemental Budget Request. Finance Director Head provided a staff report. No members of the public wished to speak in either support or opposition of the 2014-15 Supplemental Budget Request. Mayor Figleydeclared the hearing closed at 7:22 p.m. Page 1 - Council Meeting Minutes, September 8, 2014 1 COUNCIL MEETING MINUTES SEPTEMBER 8, 2014 COUNCIL BILL NO. 2967 - AN ORDINANCE PROHIBITING RESIDENTIAL 0:28 PARKING ON UNIMPROVED AREAS; ALLOWING THE PLACING OF CITATIONS ON ILLEGALLY PARKED VEHICLES AND PROVIDING FOR ENFORCEMENT PROCEDURES McCallum introduced Council Bill No. 2967. Recorder Pierson read the two readings of the bill by title only since there were no objections from the Council. City Administrator Derickson provided a staff report. Councilor Ellsworth asked why they couldn’t apply the WDO to the placement of gravel and pavement and was told that the WDO applies when development permits are issued and right now permits are not required for those items under the ordinance. Councilor Morris asked the City Attorney if he believes this ordinance if passed meets legal muster and City Attorney Shields answered that he believes this ordinance if passed is a defensible ordinance. Councilor McCallum stated that this is not a safety issue but it is an aesthetic issue and believes staff has brought an ordinance that is simple, enforceable and would stand up. Councilor Lonergan stated that he agrees with Councilor McCallum and this has been a long time coming. He added that he would be in favor of adding a permit process through the WDO. Councilor Morris stated that his issue is that there are a lot of people in his neck of the woods who this would affect and he doesn’t believe this is something the City should be tied up in. Councilor Alonso Leon concurred with Councilor Morris and wonders if this could be postponed so more community members can be aware of the impact of this ordinance and have a chance to comment on it. Councilor McCallum stated that the information has been out there and now it is up to the Council to make the decision. On roll call vote for final passage, the vote was 3-2 with Councilors Morris and Alonso Leon voting no. Mayor Figley declared that since this is an ordinance it can only pass by unanimous vote at the first meeting in which the bill was introduced and read, this bill will be brought back to the Council at the next regular meeting for final action. COUNCIL BILL NO. 2968 - A RESOLUTION APPROVING TRANSFERS OF 1:06 FY 2014-2015 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET McCallum introduced Council Bill No. 2968. Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2968 duly passed. INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE 1:07 OFFICER Lonergan/Ellsworth …authorize the City Administrator to sign an agreement with Woodburn School District for School Resource Officer services. Police Chief Russell provided information on the benefits of having a School Resource officer. The motion passed unanimously. Page 2 - Council Meeting Minutes, September 8, 2014 2 COUNCIL MEETING MINUTES SEPTEMBER 8, 2014 MEMORANDUM OF AGREEMENT WITH THE STATE BUILDING CODES 1:14 DIVISION Lonergan/Morris … authorize the City Administrator to sign a standardized memorandum of agreement (MOA) with the State of Oregon Building Codes Division (BCD) for the City’s Building Inspection Program. The motion passed unanimously. NORTH BOONES FERRY ROAD TRUCK TRAFFIC 1:15 Councilor McCallum says he is in favor of the second option and Councilor Lonergan concurred. Councilor Lonergan stated that his concern is these large trucks going down Boones Ferry to avoid the state scales and possibly not being in compliance and driving Lonergan/Ellsworth in front of the school. … authorize the City Administrator, on behalf of the City Council as the Local Road Authority; request the Marion County Board of Commissioners evaluate restricting truck traffic on North Boones Ferry Road. The motion passed unanimously. AWARD CONSTRUCTION CONTRACT TO SALEM ROAD & DRIVEWAY 1:24 FOR 2014 PAVEMENT MAINTENANCE IMPROVEMENTS, BID #2015-02 Morris/Lonergan …acting in its capacity as the Local Contract Review Board, award the construction contract for the 2014 Pavement Maintenance project to Salem Road & Driveway in the amount of $334,497.50. The motion passed unanimously. CITY ADMINISTRATOR’S REPORT 1:27 TheCity Administrator had nothing to report. MAYOR AND COUNCIL REPORTS 1:28 Councilor McCallum congratulated the Bulldogs on their first footballwinof the season. th Mayor Figley stated the she attended the 125 anniversary of Woodburn’s incorporation over the weekend and she will be attending the Mexican Independence Day celebration this upcoming weekend. EXECUTIVE SESSION 1:30 Mayor Figley entertained a motion to adjourn into executive session under the authority McCallum/Lonergan of ORS 192.660(2)(d). …to move into executive session. The Council adjourned to executive session at 8:30 p.m. and reconvened at 9:10 p.m. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT 2:10 McCallum/Alonso Leon ...meeting be adjourned.The motion passed unanimously. The meeting adjourned at 9:10 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, September 8, 2014 3 EXECUTIVE SESSION COUNCIL MEETING MINUTES SEPTEMBER 8, 2014 DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,SEPTEMBER 8, 2014 CONVENED The Council met in executive session at 8:36 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Absent Councilor Lonergan Present Councilor McCallumPresent Councilor MorrisPresent Councilor Alonso Leon Present Councilor Ellsworth Present Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Russell, City Recorder Pierson Media Present: None. The executive session was called: To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d). (Pursuant to ORS 192.660 (4) this matter is placed on the agenda with the understanding that members of the news media are excluded). ADJOURNMENT The executive session adjourned at 9:09 p.m. APPROVED_______________________________ KATHRYN FIGLEY, MAYOR ATTEST_______________________________ Heather Pierson,CityRecorder City of Woodburn, Oregon Page1 – Executive Session, Council Meeting Minutes, September 8, 2014 4 5 6 7 8 9 Agenda Item September 22, 2014 TO:Honorable Mayor and City Council FROM:Scott Derickson, City Administrator Scott Russell, Chief of Police SUBJECT: Second Reading of Ordinance 2521- An Ordinance Prohibiting Residential Parking on Unimproved Areas; Allowing the Placing of Citations on Illegally Parked Vehicles and Providing for Enforcement Procedures RECOMMENDATION: This item is placed on the City Council agenda for a second reading. BACKGROUND: On September 8, 2014 a majority of the CityCouncil approved Ordinance 2521, with three Councilors voting in favor and twoCouncilors in opposition. The second reading of this ordinance has been scheduled for this meeting. The ordinance is attached. DISCUSSION: Section 33of the Woodburn Charter provides that Ordinances must be read in Council meetings on two separate days. Ordinances may be enacted at a single meeting, however, if they are passed by a unanimous vote. Since the Ordinance was not passed unanimously, it is before you for a second reading and final decision. Agenda Item Review:City Administrator ___X___City Attorney __X____Finance __X__ 10 COUNCIL BILL NO. 2967 ORDINANCE NO. 2521 AN ORDINANCE PROHIBITING RESIDENTIAL PARKING ON UNIMPROVED AREAS; ALLOWING THE PLACING OF CITATIONS ON ILLEGALLY PARKED VEHICLES AND PROVIDING FOR ENFORCEMENT PROCEDURES the City Council has determined that parking of motor WHEREAS, vehicles on unimproved surfaces in residential areas is detrimental to community livability; and the City Council has expressed the desire to regulate vehicles WHEREAS, parked in this manner within the City; and the City Council finds it necessary to adopt this Ordinance to WHEREAS, assist in the elimination of aesthetic nuisances caused by improper parking; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: For purposes of this Ordinance, an“Improved Area” is Section 1. defined as an area surfaced with concrete, asphalt, gravel, or any other material commonly used for the parking of Motor Vehicles, but not including grass or dirt. For purposes of this Ordinance, a “Motor Vehicle” is defined Section 2. asprovided in the Oregon Vehicle Code, ORS Chapters 801 to 826. For purposes of this Ordinance, a “Person” is defined as any Section 3. natural person, firm, partnership, association or corporation. It shall be unlawful for any Person to stop, stand, or park a Section4. Motor Vehicle on any lot with a residential zoning designation except on an Improved Area. When a motor vehicle without an operator is parked in Section 5. violation of this Ordinance, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation instructing the operator to answer to the chargeat the time and place specified in the citation. The presence of any motor vehicle in or upon any property, Section 6. private or public, in violation of this Ordinance shall be prima facie evidence Council Bill No. 2967 Page- 1 - Ordinance No. 2521 11 that the registered owner of the motor vehicle committed or authorized such violation. The prohibitions in this Ordinance shall not apply when an Section 7. emergency requires that aPerson stop, stand or park a Motor Vehicle on an area that is not an Improved Area. Each violation of any provision of this Ordinance constitutes a Section 8. class 4 civil infraction and shall be dealt with according to thecivil infraction procedures established by City ordinance. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson,City Recorder City of Woodburn, Oregon Council Bill No. 2967 Page- 2 - Ordinance No. 2521 12 Agenda Item September 22, 2014 TO:Honorable Mayor and City Council FROM:Scott Derickson, City Administrator Scott Russell, Chief of Police SUBJECT: An Ordinance Amending Ordinance 2338 (the Nuisance Ordinance) to Add a New Section Regulating Light Trespass in Residentially-Zoned Areas : RECOMMENDATION It is being recommended that the City Council consider the adoption of the attached Ordinance regulating light trespass in residentially-zoned areas under defined conditions. BACKGROUND: From time to time and as needed, the City Council reviews and amends Ordinances based on their relevancy, compliance with state and federal laws and to address the changing needs of the community. The City Council has been routinely updating the City’s Ordinances as part of the Ordinance Review/Revision Project over the past year. Attached for the City Council’s consideration is proposed Ordinance 2522 which is an amendment to Woodburn’s Nuisance Ordinance 2338(also attached) to prohibitlight trespass in residentially-zoned neighborhoods. The City’s concerns are related tolight trespass and its impact on neighborhood livability, prompting the proposed Nuisance Ordinance revision. Specifically, these concerns are related to detached exterior residential lighting, which is causes disruptions during nighttime hours by illuminating adjacent properties. : DISCUSSION Having researched the issue, staff found a light trespass ordinance was recently adopted in the City of West Linn, which serves as the basis for the attached Ordinance 2522. Here are the highlights: Agenda Item Review:City Administrator ___X___City Attorney ___X___Finance __X__ 13 Honorable Mayor and City Council September 22, 2014 Page 2 1.The proposed light trespass amendment is only applicable to residentially-zoned properties within the City. 2.Requires that all outdoor lights that trespass are to be turned off between the hours of 9:00 p.m. and 7:00 a.m. Trespass is defined as: “Light that falls beyond the property line of the property it is intended to illuminate.” 3.In addition, the draft language provides that a light trespass: “Shall be confirmed if a light fixture is visible when evaluated from a point six feet above ground elevation at an adjacent property line. Light fixture means the socket or similar component that holds the bulb or lampin place, the bulb itself and any covering around the bulb or lamp that allows light to pass through.” Currently, backyard residential fences cannot exceed seven feet tall with front yard fences beginning at 36.5 inches, and then graduating to no more than seven feet tall. 4.Light trespass is a Class 3 civil infraction and carries a fine of $250 per infraction. In order to preserve security lighting, which the Police Department had been advocating in areas such as The Estates, and allow traditional residential lighting such as in doorways, garages, walkways, etc., the following types of lighting are being excluded: 1.Lights mounted on any dwelling or accessory building at main entries, rear entries, side doors, walkways or paths; 2.Light emanating from a commercial property that has a commercial zoning designation; 3.Any lighting used for safety or security purposes that is mounted on a dwelling or accessory building; 4.Public street lighting; and 14 Honorable Mayor and City Council September 22, 2014 Page 3 5.Temporary holiday lighting. Specifically, I have been asked about exempting lights attached to motion sensors. Number #3 (safety and security lighting)of the exemption types of lighting addresses this issue by specifically allowing attached security lighting. Because motion sensors can be turned on and off, and time settings easily adjusted by the owner, monitoring motion sensors and settings would be very difficult and costly from an enforcement perspective. The PoliceDepartment finds language in #3consistent with their advocacy around the use of security lighting. The Council should note that due to the nature of the issue, under normal conditions, code enforcement officers will not usually be in the position of enforcing light trespasses because they can only occur during nighttime hours. Consequently, during the course of their normal patrol shift and call volume management, police officers will be responsible to responding to light trespass complaints. : FINANCIAL IMPACT With the enactment of the Light Trespass provisions, any financial impact is expected to fall within the normal course of operations. No additional budgetary action is expected at this time. 15 COUNCIL BILL NO. 2969 ORDINANCE NO. 2522 AN ORDINANCE AMENDING ORDINANCE 2338 (THE NUISANCE ORDINANCE) TO ADD A NEW SECTION REGULATING LIGHT TRESPASS IN RESIDENTIALLY- ZONED AREAS , from time to time and as needed, the City Council reviews WHEREAS and amends Ordinances based on their relevancy, compliance with state and federal laws and to address the changing needs of the community; and the City Council has been routinely updating the City’s WHEREAS, Ordinances as part of the Ordinance Review/Revision Project over the past year; and lightingthat is directed at neighboring residential property WHEREAS, cancreate adverseimpactsandit is not recognized as a nuisance under Ordinance 2338 (the Nuisance Ordinance); and the CityCouncil is seeking a waytopromote the useof WHEREAS, outdoor lighting that will enhance the livability ofour community and minimize theimpactsof exterior lighting on surrounding properties; and certain Oregon communities have amended their nuisance WHEREAS, ordinances to address lighting; and the City Council wants to amend the Nuisance Ordinance in WHEREAS, order to address outdoor lighting; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 2338 (the Nuisance Ordinance) is amended to add a new section, Section 5A, that shall read as follows: Section 5A. Light Trespass. A. All outdoor lights that trespass onto lots with a dwelling shall be turned offbetween the hours of 9:00 p.m. and 7:00 a.m. For purposes of this section, “trespass” means light that falls beyond the property line of the property Council Bill No. 2969 Page- 1 - Ordinance No. 2522 16 it is intended to illuminate. Trespass shall be confirmed if a light fixture is visible when evaluated from a point six feet above ground elevation at an adjacent property line. “Light fixture” means the socket or similar component that holds the bulb or lamp in place, the bulb itself, and any covering around the bulb or lamp that allows light to pass through. This restriction shall not apply to: 1.Lights mounted on a dwelling or accessory building at its main entries, rear entries, side doors, walkways or paths; 2.Light emanating from a property that has a commercial zoning designation; 3.Lighting used for safety or security purposes that is mounted on a dwelling or accessory building; 4.Public street lighting; and 5.Temporary holiday lighting; B.Light trespass is a Class 3 civil infraction. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Council Bill No. 2969 Page- 2 - Ordinance No. 2522 17 WOC OODBURN RDINANCE OMPILATION ORDINANCE NO. 2338 AN ORDINANCE DEFINING NUISANCES; PROVIDING FOR NUISANCE ABATEMENT; ESTABLISHING A PENALTY; REPEALING ORDINANCE 1616 AND ORDINANCE 1822; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1.Definitions. A.Enforcement Officer.A policeofficer, code enforcement officer or other city official authorized by the City Administrator to enforce this Ordinance. B.Junk. Broken, discarded, or accumulated objects, including but not limited to: appliances, building supplies, furniture, vehicles, or part of vehicles. C.Junked Vehicle. A vehicle which is damaged or defective in any of the following respects which either make the vehicle immediately inoperable or would prohibit the vehicle from being operated in a reasonably safe manner: 1.Flat tires, missing tires, missing wheels, or missing or partially or totally disassembled tires and wheels; 2.Missing or partially or totally disassembled essential part or parts of the vehicle's drive train, including, but not limited to, engine, transmission, transaxle, drive shaft, differential, or axle; 3.Extensive exterior body damage or missing or partially or totally disassembled essential body parts, including, but not limited to, fenders, doors, engine hood, bumper or bumpers, windshield, or windows; 4.Missing or partially or totally disassembled essential interior parts, including, but not limited to, driver's seat, steering wheel, instrument panel, clutch, brake, gear shift lever; 5.Missing or partially or totally disassembled parts essential to the starting or running of the vehicle under its own power, including, but not limited to, starter, generator or alternator, battery, distributor, gas tank, carburetor or fuel injection system, spark plugs, or radiator; 6.The interior is being used as a container for metal, glass, paper, rags or other cloth, wood, auto parts, machinery, waste or discarded materials in such quantity, quality and arrangement that a driver cannot be properly seated in the vehicle; 7.The vehicle is lying on the ground (upside down, on its side, or at other extreme angle), sitting on block or suspended in the air by any other method; ON.2338P1 RDINANCE OAGE 18 WOC OODBURN RDINANCE OMPILATION 8.The vehicle is located in an environment which includes, but is not limited to, vegetation that has grown up around, in or through the vehicle, the collection of pools of water in the vehicle, and the accumulation of other garbage or debris around the vehicle. D.Owner.The owner of record, based on the Marion County's most recent taxation and assessment roll, of the property on which the alleged public nuisance exists at the time of the violation. E.Person. Any natural person, firm,partnership, association or corporation F.Person in Charge of Property. An owner, agent, occupant, lessee, tenant, manager, contract purchaser, bailee or other person having possession or control of property or the supervision of any construction project. G.Responsible Party.The person responsible for abating, curing or remedying a nuisance shall include: 1.The owner, 2.A person in charge of property, 3.The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property that constitutes a nuisance as defined in this Ordinance or another Ordinance of this city. H.Vehicle. Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. Section 2.Declaration of Public Nuisances. The acts, omissions, conditions or objects specifically enumerated in this Ordinance are hereby declared to be public nuisances and may be abated as provided in this Ordinance. In addition to the nuisances specifically enumerated in this Ordinance, every other thing, substance or act determined by the City Council to be offensive, harmful or detrimental to the public health, safety or welfare of the city is declared to be a public nuisance. Section 3.Nuisances Affecting the Public Health. No person or responsible party shall cause or permit a nuisance affecting the public health. The following are declared to be nuisances affecting the public health: A.Cesspools.Cesspools or septic tanks that are in an unsanitary condition or which cause an offensive odor. ON.2338P2 RDINANCE OAGE 19 WOC OODBURN RDINANCE OMPILATION B.Dead Animals.Any carcass or carcass part of any fowl or animal. C.Garbage.As used in this subsection the term "garbage" means an accumulation of decomposed animal or vegetable matter, debris, rubbish, trash, filth, or refuse except: 1.Yard cuttings, other than grass clippings, may be accumulated on property owned or leased by the person for burning at the first available burn season. The accumulations shall meet the size and location requirements of the fire code. 2.Composting, but only if it is maintained in a way that does not attract vermin, and does not produce an offensive odor. D.Odor. Premises that are in such a state or condition as to cause an offensive odor detectable at the property line. E.Privies and Outdoor Toilet Facilities.Any privy or outdoor toilet facility, except a properly functioning portable toilet as that term is defined by the Oregon Department of Environmental Quality. F.Rodent Attracting Condition.Any condition outside a building or structure which attracts or is likely to attract, feed or harbor rodents. G.Stagnant Water. Stagnant water that affords a breeding place for mosquitoes and insect pests. H.Surface Drainage. Drainage of liquid wastes from privatepremises. I.Water Pollution.Any sewage, industrial waste or other substances placed in or near a body of water, well, spring, stream or drainage ditch in a way that may cause harmful material to pollute the water. Section 4.Nuisances Affecting the Public Safety. No person or responsible party shall cause or permit a nuisance affecting the public safety. The following are declared to be nuisances affecting the public safety: A.Razor and Electric Fences.A fence constructed of materials that could cause bodily harm, including, but not limited to, those conveying electric current, razor wire, spikes and broken glass. B.Dangerous Trees.A standing dead or decaying tree that is in danger of falling or otherwise constitutes a hazard to the public or to any persons or property within the public right-of-way. C.Hazardous Vegetation. Vegetation that reasonably constitutes a health hazard, fire hazard or traffic hazard. ON.2338P3 RDINANCE OAGE 20 WOC OODBURN RDINANCE OMPILATION D.Holes. A well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more, unless it is covered or fenced with suitable protective construction. E.Obstructions. Earth, rock and other debris and other objects that may obstruct or render the street or sidewalk unsafe for its intended use. F.Snow and Ice.Snow or ice remaining on a sidewalk abutting the property of the owner or person in charge of property for longer than the first two hours of daylight after cessation ofthe snowfall or formation of the ice, unless covered with sand or other suitable material to assure safe travel. Section 5.Noxious Vegetation. A.The term “noxious vegetation” means: 1.Weeds more than ten inches high; 2.Grass more than ten inches high; 3.Poison oak, poison ivy, or similar vegetation; 4.Berry vines and bushes that extend into a public right-of-way. B.Between May 1 and September 30 of any year, no owner or responsible party shall allow noxious vegetation to be on theproperty or in the right-of-way of a public thoroughfare abutting on the property. The owner or responsible party shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly or, in the case of weeds or other noxious vegetation, from maturing or from going to seed. C.The term “noxious vegetation” does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a fireor traffic hazard. Section 6.Attractive Nuisances. No person or responsible party shall permit on property: A.Unguarded machinery, equipment or other devices which are attractive, dangerous, and accessible to children. B.Lumber, logs, buildingmaterial or piling placed or stored in a manner so as to be attractive, dangerous, and accessible to children. C.An open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children ON.2338P4 RDINANCE OAGE 21 WOC OODBURN RDINANCE OMPILATION D.A container with a compartment of more then one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside which is accessible to children. This section shall not apply to authorized construction projects conducted pursuant to applicable laws with reasonable safeguards to prevent injury or death to playing children. Section 7.Junked Vehicle Nuisances. A.Junked vehicles are hereby found to create a condition tending to reduce the value of property, to promote blight and deterioration, and invite plundering and vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minor, to create a harborage for rodents and insects, and to be injurious to the health, safety, and general welfare. B.No person or responsible party shall park or in any other manner place and leave unattended on public property, a junked vehicle for more than forty-eight (48) continuous hours, even if the owner or operator of the vehicle did not intend to permanently desert or forsake the vehicle C.No person or responsible party shall park, store, keep or maintain on private property a junked vehicle for more than thirty (30) days. D.It shall be permissible to keep or permit the keeping of a junked vehicle within the city if the junked vehicle is completely enclosed within a building or is kept in connection with a licensed and legally zoned junkyard or automobile wrecking yard. Section 8.Open Storage of Junk. No person or responsible party shall deposit, store, maintain or keep any junk on real property, except in a fully enclosed storage facility, building or garbage receptacle. This section shall not apply to material kept by a licensed and legally zoned junkyard or automobile wrecking yard. Section 9.Scattering Rubbish. No person or responsible party shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance of the property, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to cause injury to a person or animal. Section 10.Garbage and Debris –Disposition. A person in charge of property shall dispose of perishable garbage before it becomes offensive promptly, but in any event at least bi-weekly; and not permit garbage to accumulate on or about the premises. All garbage shall be disposed of in a manner which does not create a nuisance and which is permitted by this chapter. Garbage may be disposed of by hauling or causing it to be hauled to a garbage dump. ON.2338P5 RDINANCE OAGE 22 WOC OODBURN RDINANCE OMPILATION Section 11.Garbage Cans and Containers. A.A person in charge of property where garbage accumulates shall keep or cause to be kept on the premises one or more portable containers of a standard type suitable for deposit of garbage and shall deposit or cause to be deposited in the containers all garbage that accumulates on the premises. B.Garbage containers shall be sturdy, watertight, not easily corrodible, rodent-and-insect-proof, and have handles at the sides and tightly fitting lids. When not being emptied or filled, the container shall be kept tightly closed and out of the city right-of-way. They shall be conveniently accessible to garbage haulers. Within 24 hours of garbage collection the person in charge of property shall remove all garbage containers from the collection point and place them either next to the side of the main dwelling unit or in a location out of the view of public or adjacent property. Residents whose point of collection is from an alley need not remove the container from the point of collection. Section 12.Abatement Notice. Whenever a nuisance is found to exist within the corporate limits of the city and the enforcement officer elects to proceed by abatement, the enforcement officer shall give written notice, by a type of mail that requires a signed receipt, to the occupant of the property upon which the nuisance exists or upon the person causing or maintaining the nuisance. If the occupant is not the owner of the property, the same notice shall be sent, by a type of mail that requires a signed receipt, to the owner. Section 13.Abatement. Upon receipt of the notice that a nuisance exists, the responsible party shall haveseven days to abate the nuisance. Section 14.Notice Requirements. The notice to abate a nuisance shall contain the following: A.An order to abate the nuisance within seven days; B.The location of the nuisance, if the same is stationary; C.A description of what constitutes the nuisance; D.A statement that if the nuisance is not abated within the prescribed time, the city will abate such nuisance and assess the cost thereof against the property. E.A statement that a person who is dissatisfied with the abatement notice has the right to judicial review under this Ordinance. Section 15.Request for Judicial Review. An responsible party may object to the action intended by the city by filing a written request for judicial review in the Woodburn Municipal Court within five days of the date that the notice to abate was mailed. ON.2338P6 RDINANCE OAGE 23 WOC OODBURN RDINANCE OMPILATION Section 16.Requirements for Request. The request for judicial review need not be in any particular form, but should substantially comply with the following requirements: A.Be in writing; B.Identify the place and nature of the alleged nuisance; C.Specify the name and address of the person seeking judicial review; D.Identify the enforcement officer alleging that a nuisance exists. A copy of the notice shall be served on the enforcement officer Section 17.Scheduling of Judicial Review. A.The judicial review hearing shall be held within ten (10) days after the request for judicial review is made. The day may be postponed by: 1.Agreement of the parties; or 2.Order of the court for good cause. B.The court shall promptly notify: 1.The person requesting the review; and 2.The enforcement officer. Section 18.Judicial Review Hearing . At the judicial reviewhearing the city and any interested parties shall have the right to present evidence and witnesses and to be represented by legal counsel at their own expense. After due consideration of pertinent information and testimony, the court shall make its finding. The findings shall be based on substantial evidence relative to the criteria outlined in this Ordinance and shall be final. Section 19.Notification of Violation. The responsible party shall be notified by a type of mail that requires a signed receipt postmarked no later than five days after the findings are entered by the court by personal delivery by a representative of the city. Upon notification of violation, the responsible party will have seven days to abate the nuisance. Section 20.Abatement by City . Upon the failure of the responsible party to abate the nuisance pursuant to the provisions of this Ordinance, the enforcement officer shall proceed to abate such nuisance. ON.2338P7 RDINANCE OAGE 24 WOC OODBURN RDINANCE OMPILATION Section 21.Abatement by City: Expenses. The enforcement officershall keep an accurate record of the expenses incurred by the city in physically abating the nuisance which shall include an additional administrative fee in the amount provided by the current Master Fee Schedule of the city. Section 22.Assessment of Costs . A.The enforcement officer, by certified or registered mail, postage prepaid, shall forward to the responsible party a notice stating: 1.The total cost of abatement, including the administrative overhead; 2.That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice. B.Upon the expiration of 10 days after the date of the notice, the court, in the regular course of business, shall near and determine the objections to the costs assessed. C.If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as determined by the court, shall be made and shall thereupon be entered in the docket of city liens; and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated. D.The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at thelegal rate. The interest shall commence to run from the date of the entry of the lien in the lien docket. E.An error in the name of the person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property. Section 23.Summary Abatement . In addition to the abatement procedure provided by this Ordinance, the city may, in accordance with the law, proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers the environment, human life, health or property. Section 24.Notice. Any notice required in this Ordinance shall be sufficient if the person to be notified is substantially apprised of the substance of the notice, notwithstanding any minor deficiencies or irregularities of form. Actual receipt of the notice is not required, as long as a good faith effort is made to deliver it. ON.2338P8 RDINANCE OAGE 25 WOC OODBURN RDINANCE OMPILATION Section 25.Enforcement . A.Inspectionand Right of Entry. When necessary to investigate a suspected violation of this Ordinance, the enforcement officer may enter on any site or into any structure open to the public for the purpose of investigation, provided entry is done in accordance with law. Absent a search warrant, no site or structure that is closed to the public shall be entered without the consent of the owner or occupant. B.Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. C.Civil Proceeding Initiated by City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the city to enforce the provisions of this Ordinance. This civil proceeding may include, but is not limited to, injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin or abate any violations of this Ordinance. Section 26.Separate Offenses. Each day during which a violation of this Ordinance continues shall constitute a separate offense for which a separate penalty may be imposed.. Section 27.Effect of Abatement . The abatement of a nuisance is not a penalty for violating this Ordinance, but is an additional remedy. The imposition of a penalty assessment does not relieve a person of the duty to abate the nuisance. Section 28.Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 29.Repeal. Ordinance 1616and Ordinance 1822 are hereby repealed. Section 30.Saving Clause. Notwithstanding the repeal of Ordinance 1616 and Ordinance 1822, Ordinance 1616 and Ordinance 1822 shall remain in force for the purpose of authorizing the prosecution of a person who violated Ordinance 1616 or Ordinance 1822 prior to the effective date of this Ordinance. Section 31. \[Emergency clause.\] ON.2338P9 RDINANCE OAGE 26 Agenda Item September 22, 2014 TO:Honorable Mayor and City Council through City Administrator FROM:Kristin Wierenga, Recreation Services Manager SUBJECT: Intergovernmental Memorandum of Understanding between the City and Woodburn School District 103 Related to the Shared Use of Facilities RECOMMENDATION: It is recommended thatthe City Council authorize the City Administratorto enter into an Intergovernmental Memorandum of Understanding(MOU)withWoodburn School District103related to the shared use offacilities for recreation, academic, and athletic programs. BACKGROUND: The City and District have a long history of sharing facilities, including gymnasiums, classrooms,outdoor athletic fields, and the Woodburn Aquatic Center. Both agenciesentered into a previous version of this agreement in 2003 and now find it necessary to update it, since it is no longer fully reflective of each agency’scurrent needs and practices. DISCUSSION: This MOUpermits each agency to use the other’s facilities on a space available basis and establishes the scheduling and cancellation process, expected condition of facilities, program supervision responsibilities, and the process for resolving disputes. The Agreement recognizes that some facility uses will require additional staffing on the part of the host agency. With the exception of Aquatic Center uses, the guest agency is responsible for reimbursing the other for these additional staffing costs. Additionally, the Agreement addresses theCity’s commitment toprovide 4 th grade swimming lessons at no charge to the District. It also addresses potential Agenda Item Review:City Administrator ___X___City Attorney __X____Finance __X__ 27 Honorable Mayor and City Council September 22, 2014 Page 2 fees, should the District reinstate their water polo and swim teams. For all other uses of the Aquatic Center, the District will reimburse the City at a rate of 50% of the applicable fees as established per the Aquatic Center fee structure. FINANCIAL IMPACT: All revenues and expenditures related to this agreement are included in the FY 14/15 adopted budget. In FY 13/14, the City paid $6,500 to the District for gymnasium staffing costs. While the City does not charge the District for the costs of providing the 4grade swimming lesson program, those costs have th traditionally been covered through the sale of sponsorships. 28 INTERGOVERNMENTALMEMORANDUM OF UNDERSTANDING _________________________________________________________________________________________________________ INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING WOODBURN SCHOOL DISTRICT 103 ANDCITY OF WOODBURN _______________________________________________________________________________________ This Memorandum of Understanding (MOU) is entered into as of the last date signed, by and between and among the Woodburn School District 103 (District) and the City of Woodburn (City). WHEREAS, District and the City have a long tradition of sharing facilities for recreation programs and academic and athletic programs; and WHEREAS, it is in the best interest of City and District to work together in the joint use of school and recreation and park facilities; and WHEREAS, this joint use provides taxpayers better utilization of school buildings, athletic facilities, aquatic facilities and parks and recreation areas. This cooperation avoids duplication of these facilities, thereby saving tax monies; and WHEREAS, the funds for the cost of such uses, facilities and services are included within each agencies’ budgets; and WHEREAS, District and the City entered into a previous version of this agreement in 2003 and find it necessary to update the terms therein; and WHEREAS, the agreement is of a type and for a purpose authorized by Chapter 190, Oregon Revised Statutes and is not otherwise prohibited by law; THEREFORE, in consideration of the above premises, District and City agree to cooperate with each other as follows: 1.City and District agree to permit the other to utilize each agency’s facilities on a space available basis. Such uses shall be secondary in priority to each agency’s own usage, but shall be prioritized above uses requested by other organizations. 2.District and Citywill collaborate in the development and management of the programs to insure that all activities support the mission of both the District and the City. 3.All registration materials and information regarding District and City recreation programs and activities will be available in English and Spanish. 4.City’s requests for use of District facilities will be processed within 10 business days, except that, requestsfor activities taking place March through October will be processed no sooner than January 15andrequests for activities taking place November through February will be processed no sooner than September 15. With the exception outlined in section 13 herein,District’s requests for use of City facilities shall be made at least two weeks prior to the requested dates and will be scheduled on a space available basis. A facility use reviewmeeting may be conducted up to twice yearly to discuss specific details or special needs for the upcoming schedule and resolve anticipated and past problems. All use requests will be made in writing through each agency’s regular facility use procedures. 29 INTERGOVERNMENTALMEMORANDUM OF UNDERSTANDING _________________________________________________________________________________________________________ 5.Withthe exception of closuresdue to weather, emergencies,or mechanical breakdowns,once arrangements for facilities are made; neither agency will cancel the other’s facility use less than two weeks in advance unless a suitable alternative site or facility is made available for that event as scheduled. 6.Each agency will provide an adequate number of competent and qualified personnel, as determined by the host agency, to supervise activities taking place in the other agency’s facilities. 7.Each agency will comply with and enforce the other agency’s rules and regulations while using the other agency’s facilities. 8.Except as mandated by State or Federal law, each agency will advise the other of potential policy changes that affect this document and allow the other 30 days to comment. Should said policy changes render all or portions of this document ineffective, either agency may request renegotiation or termination of the Agreement according to the provisions of Section 18 herin. 9.Before any scheduled use, each agency will provide the other agency with premises and facilities in neat order, properly ventilated with the HVAC systems operating. The agency organizing an activity is responsible for rearranging furniture or making other minor alterations. Each agency should take reasonable care to leave the other’s facility in the condition in which it was found. 10.Each agency will keep the other agency’s premises and facilities in neat order, will promptly remove all trash and will report any problems or damage to equipment or faculties. Each agency should take reasonable care to leave the other’s facility in the condition in which it was found. 11.Should either agency find that the other has not left a facility in the condition in which it was found, the host agency must contact the guest agency and request resolution of the matterwithin 5 working days. If the guest agency cannot resolve the condition, the host agency may bill the other agency for expenses necessary to restore the facility to acceptable conditions. Billing will include a description of the deficiency and a cost accounting for the expenses to correct the situation. 12.With the exception of District’s use of City’s aquatic center, each agency will reimburse the other for personnel expenses over and above those normally scheduled to work when additional personnel are necessary to accommodate the other agency’s facility use. The host agency will determine whether staff should be assigned and the cost for necessary personnel will be calculated and quotedwhen the use request is submitted and approved. The host agency will advise the other agency of necessary anticipated costs when the facility useis confirmed. th 13.City will provide an instructional swimming lesson program to every District 4grade class annually at no cost to District. Pending the availability of space, City willauthorize District swim team and/ or water polo team to utilizethe aquatic centerfor any season that District fields team(s).District shall notify City of its intent to field a swim or water polo team four months prior to the beginning of the applicable season.District will reimburse Cityfor staffing,utilities, and lost revenue costsata rate of $1,000 per team for each season that the District fields teams(s).This rate will be indexed to the Portland Consumer Price Index (CPI), and adjusted annually, beginning January 1, 2015. For all other uses of the aquatic center not addressed in this section, District will reimburse City atthe rate of 50% of the applicable fees per the established Aquatic Center fee structure. 30 INTERGOVERNMENTALMEMORANDUM OF UNDERSTANDING _________________________________________________________________________________________________________ 14.For grass athletic fields, each agency will be responsible for final preparation and field marking for the agency’s respective events. In order to coordinate mowing schedules, each agency shall schedule their field marking activities at least one week in advance. Each agency should take reasonable care to leave the other’s facility in the condition in which it was found. 15.No alteration, modification or addition to the other agency’s facilities is to be made by either party without separate written approval. 16.The City Administrator and Superintendent of Schools each will appoint an agency contact person to represent each agency in the administration of this MOU. However, the agenciesare encouraged to handle day-to-day details regarding facility between building and facility managers and program coordinators for each agency. This includes last-minute detail changes, emergencies and weather problems such as baseball rainouts. 17.Both agencies agree that any dispute or difference involving facilities that arise between District and City will be resolved by the City Administrator and Superintendent. 18.The relationship created by this MOU will be perpetual until terminated by one or both parties. Unless otherwise jointly agreed to, this MOUmay be terminated at any time when either agency issues a notice requesting separation no less than 90 days before the intended separation. 19.Each agency will provide the other with a certificate of general liability insurance naming the other as an additional insured/member with a minimum limit of $5,000,000. 20.To the extent it is lawfully permitted under the Constitution and laws of Oregon, each agency agrees to indemnify, defend and save harmless the other agency from any actions arising from its acts, and errors of the agency, its officers, agents or employees. 21.Neither agency will sell or assign its rights under this MOUor allow other parties to receive the benefits of this MOU by inclusion to avoid fees. 22.This MOUwill be binding upon the agencies signing and their respective successors. 23.Any alterations to this MOU must be agreed in writing and approved by the City Administrator and Superintendent of Schools. IN WITNESS THEREOF, the following have signed on behalf of their respective agencies. CITY OF WOODBURN WOODBURN SCHOOL DISTRICT 103 _____________________________ _________________________ Scott Derickson, City Administrator Chuck Ransom, Superintendent _____________________________ _________________________ Date Date 31