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Agenda - 07/08/1996 AGENDA WOODBURN CITY COUNCIL JULY 8, 1996 - 7:00 P.M. City Hall - 270 Montgomery Street e A. Council minutes of June 24, t996 regular and executive meeting. B. Recreation and Park Board minutes of May 28, t996. APPOINTMENTS;. ANNOUNCEMENTS;. A. Community Center Committee, July 18, 1996, 7:00 p.m. - Community Center B. Council Workshop with PC Northwest - August 1, 1996, 7:00 p.m. PROCLAMATIONS e A. Chamber of Commerce B. Other Committocs (This allows public to Introduce Items for Council consideration not already scheduled on the agenda.) A. Special Public Works Fund Program. 8A Page I - Council Agenda, July 8, 1996 10. Council Bill No. t720 - Ordinance relating to graffiti nuisance properly. [Final passage] Council Bill No. t734 - Resolution entering into contract with Harris & Eide, CPA, for audit services. t0A 1OB Council Bill No. 1735 - Resolution approving Uniform Fire code to be enforced in Woodburn by the Woodburn Fire District. I0C Council Bill No. 1736 - Resolution entering into an agreement with the State for use of vehicle fleet and motor pool services. t0D Uquor license transfer: Sally"s Restaurant. Contract award for Mill Creek pump station power and control system upgrades. tOE 1OF Approval for Police Department to apply for Local Law Enforcement Block Grant program. 10G Sound amplification permit: PCUN celebration of "Immigration Worker Day on July t3, t996. 10H t3. '15. A. Street projects update. B. comprehensive Plan periodic review process. C. Development of liquor license compliance plan: Salvador's Bakery D. Passive use designation for Senior Estates Park. E. Potential management/supervisory turnover. t8. t5A t5C 15D 15E Page 2 - Council Agenda, July 8, 1996 TAPE READING 0001 0003,, oo10, 0021 0029 COUNCIL MEETING MINUTES June 24, 1996 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBUP~N, COUNTY OF MARION, STATE OF OREGON, JUNE 24, 1996. CONVENED, The Council met in regular session at 7:00 p.m. with Mayor Kirksey presiding. ROLL________~L. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Absent Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Police Chief Wright, Community Development Director Goeckritz, Finance Director Gillespie, Park & Recreation Director Holly, Library Director Sprauer, Public Works Manager Rohman, City Recorder Tennant MINUTES. JENNINGS/FIGLEY... approve the Council minutes of June 10, 1996 and the Planning Commission minutes of May 9, 1996. motion passed unanimously. The ANNOUNC~mUmTS · A) A public hearing will be held on July 8, 1996, 7:00 p.m., to give the public an opportunity to comment on a State Special Public Works Fund application relating to the Waremart development. B) RSVP Volunteer Recognition program will be held on Wednesday, June 26, 1996, 2:00 p.m., at the Woodburn Community Center. C) The public was reminded of the annual 4th of July Celebration activities to be held. at the Woodburn High School track field beginning at 12:00 noon and concluding with the fireworks display. D) Councilor Hagenauer stated that T-Shirts are being sold as part of the August 23-24th Walk-to-the-Coast which is held in conjunction with the Hood to Coast Run. Proceeds from the sale of the shirts will be donated to the Doughy Center who helps families who are grieving from the loss of a family member(s). Page 1 - Council Meeting Minutes, June 24, 1996 COUNCIL MEETING MINUTES June 24, 1996 TAPE READING 0118 PUBLIC ~RARING - OLCC LICENSE APPLICATION FOR SALVADOR'S BAKERY ~3, 320 N. PACIFIC HIGh,WAY. Mayor Kirksey declared the public hearing open at 7:19 p.m.. Administrator Childs read into the record a letter received from Attorney Timothy O'Neill, representing Mr. Larios, which included a letter of explanation from Mr. Larios regarding the incidents outlined in the staff report. The business establishment is located at 320 N. Pacific Hwy., formerly known as Hi-Way 99 Market and prior to that Linds Market, and the new owner is requesting a change of ownership Package Store liquor license. Chief Wright reviewed the staff report providing information on inconsistencies found during the background investigation between Mr. Larios's original 1992 liquor license application and his current application. The report summarized specific incidents in which Mr. Larios was unwilling to cooperate with the Police Department after he had called the police for assistance. Additionally, Mr. Larios had failed to disclose criminal arrests and violations on the liquor license individual history application. It was also noted that Mr. Larios had an outstanding warrant in Toppenish, WA for Statutory Rape, however, there is no disposition on this case at this time. Based on information obtained during the investigation process, Chief Wright recommended the denial of the liquor license change of ownership application. Timothy O'Neill, attorney representing Mr. Larios, spoke on behalf of the applicant and stated that Mr. Larios has made mistakes but feels that a more thorough investigation needs to be completed by the Council before a decision is rendered. In his opinion, there are only 2 of 9 reasons that might be considered as justifiable reasons to refuse the license, that being 1) the applicant was convicted of a felony, and 2) the applicant provided false or misleading information. In regard to the first reason (convicted of a felony), Attorney O'Neill stated that Mr. Larios has only been charged with a felony with a hearing pending, and, in his discussions with the victim, he feels that she does not want the authorities in Washington to pursue the charges. He stated that Mr. Larios has had no drug or alcohol related charges. When he needs assistance from the Police Department, he does call them to his place of business but feels that the Police delay their response to his business and he gets frustrated with the Department. In regards to the second reason (providing material false and misleading information), he stated that Mr. Larios does not have a clear understanding of the English language. His original application was completed in 1992 at which time he was assisted by Attorney JoAnn Beck. It was noted that he has only a 3rd grade education and, in 1992, he did not read English and was illiterate at the time of Page 2 - Council Meeting Minutes, June 24, 1996 COUNCIL MEETING MINUTES June 24, 1996 3A TAPE READING completing his application. In 1996, he had a better understanding of English and he completed the application himself and does not feel that he left out the information in the original application intentionally. He stated that it is well-known that Mr. Larios runs a clean business and is a very hard worker but a communication problem does exist between himself and the Police Department. He also indicated that it is his understanding that the Police Department tends to treat Hispanic businesses and/or individuals differently from caucasians. He urged the Council to recommend to OLCC the approval of the package store license. 1516 Attorney JoAnn Beck stated that she has represented Mr. Larios in his business practice and feels that his lack of understanding of English was the main contributing factor in not fully completing the 1992 license application. She had assisted him in completing the 1992 application and feels that he was not trying to be misleading when he did not fully complete some of the questions. He has been a US citizen since 1991 and has worked regularly for many years in not only the bakery business but in any other work necessary to insure the welfare of his family. In more recent years, he has gained a greater knowledge of the English language and he strives to complete more of the forms himself. He sets specific goals and is always in a hurry to get there without taking the time to make sure the information is accurate. She stated that she had represented him on the Recklessing Endangering charge and now wishes that he would have gone to trial on the charge rather than pleading guilty since he didn't want to take the time to go to court. In her opinion, his businesses are an asSet to the community and the license should be approved. 1925 Salvador Larios, applicant, stated that he feels he has a problem with the Police Chief and briefly reviewed his version of the office visit with the Chief in June 1995. In his opinion, the Police is purposely not responding to his calls for service in a timely manner and he feels that the Chief is upset with him since he had contacted an OLCC investigator directly regarding an incident rather than contacting him. 2025 Gordon Stalhberg, former owner of Tia Maria in Gervais, stated that Mr. Larios had worked for him from 1987 to 1991 and he had a good relationship with him. Mr. Larios eventually purchased the business from him. While an employee, Mr. Larios was a very ambitious and responsible individual. He has loaned him money in the past on a handshake and he has always repaid on time. He highly recommended approval of the liquor license application. Page 3 - Council Meeting Minutes, June 24, 1996 TAPE READ I NG 2414 2834 3A COUNCIL M]BETING MINUTES June 24, 1996 Marie Stalhberg stated that Mr. Larios originally came to work for them as a baker. He is a hard worker and is very concerned for his businesses. Additionally, he is conscientious and responsible and provides not only wages but housing for his employees. Helmet Bubetz, 185 S. Settlemier, stated that he has enjoyed doing business with Mr. Larios over the last 4 years and feels that he is an asset to the community. Salvador Mensola stated that he has known Mr. Larios for about one year and, during that time, Mr. Larios has become a role model to him. Mr. Larios is a good businessman who encourages his employees to work with him rather than for him and he provides employment for a lot of people. He also urged the Council to recommend approval of the liquor license application. Chief Wright stated that he does not feel that he needs to defend the Police Department. An allegation of a problem has been made but feels that the record stands on its own. Since 1988, 30% of the officers are bi-lingual and the Department strives to more sensitive to the situation not only from the direction of the Council and community but their own professional desire to be responsive to the needs of the citizens. He does not believe there is a communication problem with the Hispanic community but there may be a communication problem between Mr. Larios and the Police Department. He also reiterated his version of the day Mr. Larios visited his office in June 1995. He reminded the Council and the applicant that the City, by law, has concurrent jurisdiction with OLCC over liquor laws in Oregon. Brief discussion was held regarding Oregon Administrative Rule language on the issue of providing a compliance plan so that a favorable recommendation could be forwarded to OLCC. Councilor Figley suggested that a recommendation to approve the license be given if a compliance plan was agreed to that would address the communication problem. It was also suggested that a Councilor be present during the discussion of a compliance plan with the applicant. Mayor Kirksey expressed her concern in that a communication problem exists but she did not hear of the applicant's willingness to communicate with the Police Department to improve the relationship between the two parties. Chief Wright stated that he could only report according to the incidents occurred the actions of the Police Department and report those actions by victims, witnesses, and/or suspects. Page 4 - Council Meeting Minutes, June 24, 1996 COUNCIL MEETING MINUTES June 24, 1996 3A TAPE READING Of the total incidents reported, only three are of concern and those incidents tend to show a pattern of behavior. Mayor Kirksey declared the public hearing closed at 8:28 p.m.. Councilor Jennings did not dispute Mr. Larios's honesty but is concerned with the communication problem between him and the Police Department. In his opinion, he feels that the barrier can be overcomed and does not want this situation to become a racial issue. Tape 2 Councilor Pugh expressed his agreement with a compliance plan that would address the issue of communications. Councilor Figley stated that Mr. Larios's downtown businesses are assets to the community and feels that the Hwy. 99E business will also do well in the community. She stated that she is in favor of the application with a compliance plan on the communication issue which would be monitored by the Council. Councilors Hagenauer and Chadwick expressed comments similar to those expressed by the other Councilors. Mayor Kirksey stated that she feels that there has been no consistency in the statements made by Mr. Larios and, if a license is granted, the Council needs to be sure that there is a compliance plan in place in which Mr. Larios must comply with. Additionally, she suggested that the compliance plan be reviewed after 6 months. 0148 JENNINGS/FIGLEY... request for transfer of package license Salvador's Bakery #3 be approved providing there is a compliance plan. Discussion was held regarding the motion and the unspecified time frame in which a compliance plan can be formulated and agreed upon. The motion and second were withdrawn. 0178 JENNINGS/FIGLEY .... recommend that the transfer be approved by OLCC and a compliance plan be returned to the Council for approval within two weeks. The motion passed unanimously. 0222 SITE PLAN ACTIONS. A) #96-09 -- Woodburn Alliance Church: No action was taken by the Council. B) %96-11 -- woodburn Fertilizer: No action was taken by the Council. C) #96-05 -- Waremart Foods, Inc.: No action was taken by the Council. Page 5 - Council Meeting Minutes, June 24, 1996 3A COUNCIL MEETING MINUTES June 24, 1996 TAPE READING 0615 JENNINGS/HAGENAUER... a break be taken at this time. motion passed unanimously. The Council took a recess from 8:53 pm to 9:02 pm. The 0617 1220 COUNCIL BILL 1720 - ORDINANCE ~LATING TO GRAFFITI NUISANCE PROPERTY. Council Bill 1720 was introduced by Councilor Hagenauer. The first reading of the bill was read by Recorder Tennant in full and the second reading was read by title only. Councilor Pugh reiterated his objection to requiring the victims to pay for the clean-up of graffiti. Councilor Figley expressed her opinion that 95% of the property owners do take care of graffiti removal immediately and this proposed ordinance would require those property owners who do not clean-up the graffiti to do so within a specified period of time. Councilor Jennings reminded the public that free paint is available to property owners at the Fire Department and a group of individuals has also offered their assistance to do the repainting in those cases where help is necessary to get the job done. Mayor Kirksey stated that the penalty provision in the ordinance will insure that all property owners are held to the same standard in removing graffiti. The roll call vote was 4-1 with Councilor Pugh voting nay. This bill will be brought back before the Council on July 8, 1996 since it did not receive unanimous approval on the first date it was introduced. Administrator Childs stated that graffiti vandalism occurred at one of the City's water well sites over the weekend and the staff will be removing the graffiti immediately. Councilor Pugh stated that he would like to see an ordinance passed that would prohibit stores from selling spray paint to individuals under the age of 18. He cited the program in place at GWI Hardware as a model to what other businesses could do within the City. PUGH/FIGLEY... staff look into the writing of an ordinance that would prohibit the selling of aerosol paint to anyone under the age of 18. As part of the discussion on this issue, Attorney Shields stated that a legal evaluation would be necessary since voluntary compliance is very different from mandatory compliance. After some further discussion on the issue, the motion and second were withdrawn. PUGH/FIGLEY .... City Attorney look into the possibility of enacting that type of ordinance within the City. The motion passed unanimously. Page 7 - Council Meeting Minutes, June 24, 1996 3A COUNCIL MEETING MINUTES June 24, 1996 TAPE READING 1244 COUNCIL BI~n 1721 - OP~D!NANCE ~n0PTING A BUDGET FOR FISCAL YEAR 1996-97, MAKING APPROPRIATIONS, AND L~ING TAA~S~ Council Bill 1721 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of 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 Kirksey declared Council Bill 1721 duly passed with the emergency clause. 1274 COUNCIL BILL 1722 - ~$OLUTION TP~%NSFERRINGAPPROPRIATIONS WITHIN ~ 19~-96 BUDGET. Councilor Hagenauer introduced Council Bill 1722. The bill was read by title only since there were no objections from the Council. Councilor Jennings questioned the transfer of appropriations within the Cable TV Franchise Management Fund. Staff informed the Council that franchise fees paid by Northland Cable TV that are forwarded to WCAT for community access programming exceeded the original estimated revenues and the appropriations transfer is necessary to complete the year-end closeout of funds to be transferred to CATV. On roll call vote for final passage, the motion passed unanimously. Mayor Kirksey declared Council Bill 1722 duly passed. 1900 COUNCIL BILL 1723 - RESOLUTION TRANSFERRING OPERATING CONTINGENCY FUND__S DURING FISCAL YEAR 1995-96. Council Bill 1723 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1723 duly passed. 1440 COUNCIL BILL 1724 - ~SOLUTION AUTHORIZING LEASE/PURCHASE AGR~NT WITH ROD SENTER FOR A BUILDING LOCATED AT 121 STREET. Councilor Hagenauer introduced Council Bill 1724. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1724 duly passed. 1484 COUNCIL BILL 1725 - R~SOLUTION ENTERING INT0 A SUBTENANCY AGREEmeNT WITH SOUTW~-RN PACIFIC TRANSPORTATION COMPANY A~D RODNEY SENTER. Council Bill 1725 was introduced by Councilor Hagenauer. Recorder Tennant 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 Kirksey declared Council Bill 1725 duly passed. Page 8 - Council Meeting Minutes, June 24, 1996 3A TAPE READ I NG 1507 1527 1550 t570 1589 1611 COUNCIL MEETING MINUTES June 24, 1996 COUNCIL BILL 1726 - RESOLUTION ENTERING INTO A LEASE AGREEMENT WITH WILL~TTE RAILWAY CO. FOR CITY OF WOODBURN PROPERTY. Councilor Hagenauer introduced Council Bill 1726. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote, Council Bill 1726 passed unanimously. The Mayor declared the bill duly passed. COUNCIL BILL 1727 - RESOLUTION ENTERING INTO AN AGREEMENT WITH TwR. STATE OF ORE~ON FOR STATE REVOLVING LOAN FUND NO. R98411. Councilor Hagenauer introduced Council Bill 1727. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1727 duly passed. COUNCIL BILL 1728 - RESOLUTION DECLARING THE CITY'S ~LIGIBILITY TO RECEIVE STATE-SHARED REVENUES, Council Bill 1728 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1728 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1729 - RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING FUNDS. Council Bill 1729 was introduced by Councilor Hagenauer. Recorder Tennant 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 Kirksey declared Council Bill 1729 duly passed. COUNCIL BILL 1750 - R~SQLUTION ENTERING INTO A BUILDING LEASE AGRE~WITHNORCOM (NORTH MARION COMMUNICATIONS CENTER). Councilor Hagenauer introduced Council Bill 1730. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1730 passed unanimously. Mayor Kirksey declared the bill duly passed. COUNCIL BILL 1731 - RE~OLUTION ENTERING INTO AN AGREEMENT FOR SERVICES WITH NORCOM (NORTH MARION COMMUNICATIONS CENTER). Council Bill 1731 was introduced by Councilor Hagenauer. Recorder Tennant 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 Kirksey declared Council Bill 1731 duly passed. Page 9 - Council Meeting Minutes, June 24, 1996 3A COUNCIL MEETING MINUTES June 24, 1996 TAPE READING 1634 COUNCIL BILL 1732 - RESOLUTION AUTHORIZING CONTRACTUAL SERVICES AGREEMENT WITH N- ROBERT SHIELDS AS CITY ATTORNEY. Council Bill 1732 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. Attorney Shields stated that he did have a conflict of interest on this matter since it involves the renewal of his contract and he would not be able to the Council legal advice on this issue. Councilor Jennings questioned if 26 billable hours is sufficient for the upcoming fiscal year knowing how much is going on in the City at this time. Administrator Childs stated that we are making the 26 hours work at the present time but we may need to re-evaluate the monthly hours for fiscal year 1997-98. The 1996-97 budget provides for the continuation of the 26 billable hours. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1732 duly passed. 1746 COUNCIL BILL 1733 - RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CITy OF SALEM FOR USE OF THE SALEM SENIOR CENTER BY THE RETIRED SENIOR VOLUntEER PRO~RAM (RSVP). Councilor Hagenauer introduced Council Bill 1733. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1733 duly passed. 1767 INSURANCE COVERAGE FOR FISCAL YEAR 1996-97. Administrator Childs informed the Council that a revised memorandum had been distributed just prior to the meeting to supplement the insurance information in the packet. He also declared a potential conflict of interest since his wife is an employee of City County Insurance Services which is one of the vendors being considered for the City's insurance needs. Recorder Tennant stated that staff is recommending the continuation of our general liability/auto physical damage and workers' compensation coverage through City County Insurance Services and the continuation of our property insurance through Zurich Insurance. The City's Insurance Agent of Record solicited bids for coverage and is in agreement with the staff recommendation. JENNINGS/FIGLEY .... authorize the continuation of coverage through City County Insurance Services (CIS) and Zurich Insurance with the inclusion of flood damage insurance. The motion passed unanimously. Page 10 - Council Meeting Minutes, June 24, 1996 COUNCIL MEETING MINUTES June 24, 1996 TAPE READING 1918 OEDD GRANT/LOANAPPLICATION. Staff recommended Council authorization to apply for a $450,000 grant and $450,000 loan from the State Economic Development Department for the purpose of constructing a western extension from the existing Woodland Ave. located south of Hwy. 219, and the extension of a sewer main at an unusual depth which will eventually loop into the West Woodburn residential area. Future repayment of the City's portion of the proposed loan of $225,000 could be accomplished through State Revenue Sharing or hotel/motel tax revenues. JENNINGS/FIGLEY .... authorize staff to make application to Oregon Economic Development Dept. for a combination grant/loan to construct westerly extension of South Woodland Avenue in conjunction with the Waremart agreement. The motion passed unanimously. 1930 BID AWARD - PORTABLE NINI-CA~RA TELEVISION SEWER INSPECTION SYSTEM. Bids were received from the following vendors: Ben-Ko-Matic, $11,540.00; Enviro-Clean Equipment, $14,500.00; and Pacific Equipment Co., $16,055.00. Since the iow bid did not comply with City specifications, staff recommended the rejection of the Iow bid submitted by Ben-Ko-Matic. JENNINGS/FIGLEY .... accept the bid from Enviro-Clean Equipment in the amount of $14,500.00 for a portable mini-camera television sewer inspection system. The motion passed unanimously. JENNINGS/FIGLEY .... reject the bid from Ben-Ko-Matic as recommended by staff. The motion passed unanimously. 1990 REQUEST FOR STREET CLOSURE - DRUMS OF FIRE. The Drums of Fire Committee has requested the closure of Park Avenue between Alexandra Ave. and James Street on Sunday, July 7th, between 4:00 pm and 10:00 pm to accommodate the Drums of Fire Bugle Corps event. Staff recommended that the request be accepted. JENNINGS/FIGLEY... authorize the closure of Park Avenue on July 7th, 4:00 pm - 10:00 pm, per staff recommendation. The motion passed unanimously. 2019 REQUEST FOR USE OF SOUND AMPLIFICATION EQUIPMENT - CENTRO CRISTIANO CHURCH. Staff recommended the issuance of a sound amplification permit to Centro Cristiano Church as part of their annual outdoor service/picnic in Library Park on June 29th and June 30th from 4:00 pm to 8:00 pm each day. JENNINGS/FIGLEY .... approve the request and issue a permit to Noe Peneda for the Centro Cristiano Church outdoor service on June 29th and 30th from 4:00 pm to 8:00 pm each day. The motion passed unanimously. Page 11 - Council Meeting Minutes, June 24, 1996 3A 3A COUNCIL MEETING MINUTES June 24, 1996 TAPE READING 2042 STAFF REPORTS. (A) Loan application update Water/Wastewater Financing Program: The $1,000,000 loan/grant application authorized by the Council in December 1995 for financial assistance in the design and construction of force main improvements is now being completed and should be submitted to the State for review by July 15th. Special Public Works Fund: A public hearing will be held on July 8, 1996 as part of the application process to obtain loan/grant funding for infrastructure improvements relating to the Waremart development. (B) Library Update: Director Sprauer informed the Council that several trees within Library Park needed either removal, pruning, or trimming at an estimated cost of $5,000. Due to lack of budgetary funds in the 1995-96 budget, only a portion of the work was authorized and the remaining work will be completed after July 1, 1996. Additionally, the Friends of the Library have received a grant from Woodburn Together which will provide funds for the purchase of a computer and software to assist youth with their homework assignments. 2088 MAYOR AND COUNCIL REPORTS. Mayor Kirksey asked the Council if one of them would be willing to sit on the organizational committee for Salud's Health Fair. Councilor Figley stated that she would call the committee chair to discuss meeting dates and time. Mayor Kirksey stated that she has agreed to the staff's request to delay the Transient Ordinance until after the Waremart agreement was finalized. 2165 EXECUTIVE SESSION. JENNINGS/PUGH .... adjourn to 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 as authorized under ORS 192.660(1) (h), and to conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660(1) (e). The motion passed unanimously. The Council adjourned to executive session at 9:45 pm and reconvened at 10:08 p.m.. 2181 Mayor Kirksey stated that no Council action would be taken as a result of the executive session. Page 12 - Council Meeting Minutes, June 24, 1996 TAPE READ I NG COUNCIL MEETING MINUTES June 24, 1996 3A 2187 ADJOURNMENT. JENNINGS/FIGLEY .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:09 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 13 - Council Meeting Minutes, June 24, 1996 ,. 3A Executive Session COUNCIL MEETING MINUTES June 24, 1996 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 24, 1996. CONVENED. The Council met in executive session at 9:50 p.m. with Mayor Kirksey presiding. ROLL CALL. Mayor Kirksey Present Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pug h Present Councilor Sifuentez Absent Mayor Kirksey reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant (1) The executive session was called under the authority of ORS 192.660(1)(h) to consult with counsel concerning legal rights and duties of a public body with regard to current litigation or litigation likely to be filed, and (2) to conduct deliberations with persons designated by the governing body to negotiate real property transactions under the authority of ORS 192.660(1)(e). ADJOURNMENT. The executive session adjourned at 10:05 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, June 24, 1996 3B MINUTES RECREATION AND PARKS BOARD MEETING TUESDAY, MAY 28, 1996 WOODBURN COMMUNITY CENTER t Se Call To Order The meeting was called to order by Recreation and Parks Board Chairmen Frank Anderson at 5:40pm at the Woodbum Community Center. Roll Call Members Present: Chairman Frank Anderson; Members: Lee Ehrens, Barbara Rappleyea, Marl Worley, Art Montgomery. Members Absent: Gilbert Baltazar, Dave Ott Staff: Director Nevin Holly Minutes Chairman Frank Anderson entertained a motion the Minutes from April 22, 1996 be A. MONTGOMERY approved. MOTION: B. RAPPLEYEA: Motion passed unanimously. Moved the Minutes of the Recreation and Parks Board Meeting of April 22, 1996 be approved as presented. Seconded the Motion Agenda The Agenda was adopted as presented to the Board by unanimous consent. Capital Improvements Chairman Frank Anderson opened the discussion on the topic of Capital Improvements. Director Holly presented a rating scale in which to rate Capital Projects. Director Holly pointed out that just because a project was rated as a top priority did not assure the project would be funded first. Director Holly expressed that rating a project high assures the Board, staff and City Council that the project was important to the Department and Board and that the project would be funded as resources become available. The Board proceeded to discuss at length the various projects and assign them a priority rating as they went down the list. The following rating was decided upon: The highest rated Capital Projects are rated in the 1 category and the lowest priority 4. Projects receiving a highest rating of Number I were: Front Street Park Basketball Court, Drainage Tiling for Legion Field, Basketball Court for Legion Park, Sand Volleyball Court for Legion Park, Multi-Play Area for Legion Park, Irrigation System for Legion Park, Drainage Tile for Nelson park, Irrigation System ,. 3B Page 2 Recreation and Park Board Minutes May 28, 1996 for Nelson Park, Ddnking Fountain at Nelson park, Basebail/Soccer Field at Nelson Park, Multi Play Apparatus in Hermansen Park I, Basketball Court in Hermansen III, Paved Walkway at Hermansen III, Pond Viewing Area in Herrnansen III, Parking Lot at the Woodbum Aquatic Center, Picnic Pavilion in Settlemier Park, Multi Play Area in Settlemier, Secudty Lighting in Settlemier, Ballfield Reconfiguration at Settlemier, Irrigation System in Budingham Park, Drainage Tile in Senior Estates Park, Paved Walk-Way in Budingham Park, New Fencing at Locomotive Park, Paved Path along Mill-Creek Greenway, Secudty Lighting in Legion, Recreation Room in Budingham Park, Picnic area at Nelson, Settlemier Park Restroom renovation, Settlemier Park Tennis Court Shelter, Indoor Soccer Arena and new Community Center. Projects receiving a Number 2 rating were: Multi play Area in Front Street Park, Picnic area in Front Street Park, Recreation Center at Legion Park, Paved Walkway in Legion, Irrigation system in Hermansen I, Community Flower Garden in Library Park, Miniature Golf Course site undecided. Projects receiving a Number 3 rating were: Irrigation System in Front Street Park, Remodeling dressing rooms at Legion Park. There were no Number 4 ratings. Sm Director's Report Director Holly reminded the Board that the initial meeting of the Community Center Committee was scheduled for Wednesday, June 12th at City Hall and that all members wore invited to come to this meeting. Nevin indicated the Department is in full summer schedule. Nevin said we would have the Summer Youth Crew again this year but he was not sure at this time how many youth workers would be involved. Adjournment The meeting adjourned at 6:50Pm. Next meeting was scheduled to be held at the World Berry Museum. 8A MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~ Special Public Works Fund Program Public Hearing July 2, 1996 RECOMMENDATION: After closing the public hearing authorize, by motion, that the city make application to the Special Public Works Fund Program for a combination grant/loan for public infrastructure improvements relating to an extension of Woodland Avenue and for the mayor to sign said application. BACKGROUND: This public hearing is to discuss the city's intent to apply for combination loan/grant funds from the Special Public Works Fund (SPWF) Program administered by the Oregon Economic Development Department Community Development Programs Section. The hearing will provide an opportunity for the public to comment on the city's intent to apply and the project for which application is being made. The SPWF program provides financing to local governments to construct, improve and repair public infrastructure in order to support local economic development and create new jobs, especially family wage jobs, locally. There must be a high probability that family wage jobs will be created or retained within the boundary to be served by the proposed infrastructure project or that industrial development of the properties served by the proposed infrastructure project will occur. The city is proposing to apply for $900,000 to construct a westerly extension of Woodland Avenue south of State Highway 219. The street extension work also includes sanitary sewer, storm sewer and water line extensions. The application to be made would be for a $450,000 loan and $450,000 grant. The project would be eligible for the loan/grant program based upon the jobs that will be created by virtue of Waremart's development of its corporate distribution center south of the proposed street extension. Repayment of the loan portion of the OEDD package will be shared equally by Waremart and the City of Woodburn. Staff believes City participation in this project 8A City Council through City Administrator July 2, 1996 page 2 is justified due to the unusual depth of the sanitary sewer line which will be included as part of the project. The line will extend the existing sewer main, built in conjunction with the HWI development, served by the City's I-5 pump station. This will allow for continued extension of this sewer line to eventually loop into the West Woodburn residential area, thus reducing the possibility of any potential environmental contamination due to spills into Senecal Creek from existing lift pump failure. This is environmentally sound planning that may also afford some capacity for future growth as well. Construction of the street portion of the Woodland extension also helps the City, as the SW industrial area develops fully, to preserve options in regard to future I-5 interchange development or expansion. The City's share of debt service on the loan portion of the OEDD package is estimated at approximately $22,000 per year. Staff recommends that scheduled repayment be made through some combination of State Revenue Sharing funds and Transient Lodging (Hotel/Motel) tax proceeds. Precedent for use of State Revenue Sharing funds for this type of program has already been established in connection with the repayment of a similar state loan connected with the HWi development in 1991. The Woodburn Area Chamber of Commerce recently pointed out to the Council that business promotion is a logical and appropriate use of Hotel/Motel Tax proceeds. there is perhaps no better method of business recruitment than to use some of these funds in assisting a regional company, such as Waremart, to locate in the community with an environmentally compatible development, creating new jobs, strengthening the business community and adding significantly to the City's tax base. Final details of a loan repayment package will be worked out through the budgetary process, with the initial payment likely due in Fiscal Year 1997-98. Staff recommends approval of the SPWF application and authorizing the mayor to sign the application. 10A COUNCIL BILL NO. 1720 ORDINANCE NO AN ORDINANCE RELATING TO GRAFFITI NUISANCE PROPERTY; PROVIDING FOR NOTICE TO PROPERTY OWNERS; REQUIRING ABATEMENT OF GRAFFITI; PROVIDING FOR REMEDIES; AND DECLARING AN EMERGENCY. WHEREAS, the City Council finds that the presence of graffiti creates a visual blight and property damage; and WHEREAS, the Council further finds that graffiti constitutes a public nuisance and is destructive of the rights and values of property owners as well as the entire community, and WHEREAS, the Council further finds that if graffiti is allowed to remain on property and is not promptly removed, this invites additional graffiti and criminal activity; and WHEREAS, the Council further finds that the continued presence of graffiti encourages gang activity and further acts of graffiti vandalism and defacement; and WHEREAS, the Council further finds that the provisions of this Ordinance do no conflict with any existing anti-graffiti Oregon state laws and that this Ordinance is enacted pursuant to the City of Woodburn's police powers, as specified in the Woodburn City Charter; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. A. "Graffiti" means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property. B. "Graffiti nuisance property" means property to which graffiti has been applied, if the graffiti is visible from any public right-of-way, any other public or private property or from any premises open to the public, and if the graffiti has not been abated within the time required by this ordinance. Page I - COUNCIL BILL NO. 1720 ORDINANCE NO. ,. IOA property. "Owner" means the legal owner of property or a person in charge of D. "Person in charge of property" means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project. E. "Property" means any real or personal property and that which is affixed, incident or appurtenant to real property, including but not limited to any premises, house, building, fence, structure or any separate part thereof, whether permanent or not. Section 2. PROHIBITED GRAFFITI. It shall be unlawful for any person to apply graffiti. Section 3. ~. Violation of Section 2 of this ordinance is punishable by the penalty provided by Oregon State Law. Section 4. GRAFFITI NUISANCE PROPERTY. A. It is hereby found and declared that graffiti creates a visual blight and property damage. When graffiti is allowed to remain on property and not promptly removed, it invites additional graffiti, gang activity, criminal activity, and constitutes a nuisance. B. Any property within the city which becomes graffiti nuisance property is in violation of this ordinance. C. Any owner of property who permits said property to be a graffiti nuisance property is in violation of this ordinance. Section 5. NOTICE PROCEDURE. A. When the Chief of Police believes in good faith that property within the city is a potential graffiti nuisance property, the Chief of Police shall, notify the owner in writing that the property is a potential graffiti nuisance property. The notice shall contain the following information: (1) The street address or description sufficient for identification of the property. Page 2 - COUNCIL BILL NO. 1720 ORDINANCE NO. 10A (2) That the Chief of Police has found the property to be a potential graffiti nuisance property with a concise description of the conditions leading to this finding. (3) A direction to abate the graffiti, or show good cause to the Chief of Police why the owner cannot abate the graffiti, within ten city business days from service of the notice. (4) That if the graffiti is not abated and good cause for failure to abate is not shown, the City Council may order abatement, with appropriate conditions, the City Council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint to be filed in a court of competent jurisdiction. (5) That permitting graffiti nuisance property is a Class I civil infraction punishable by a civil forfeiture not to exceed $500, pursuant to the Civil Infraction Ordinance. (6) That the above remedies are in addition to those otherwise provided by law. B. Service of the notice is completed by personal service or upon mailing the notice by first class mail, postage prepaid, addressed to the owner at the owner's last known address. C. A copy of the notice shall be served on occupants of the property, if different from the owner. D. The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this ordinance. Section 6. ABATEMENT PROCEDURES A. Within ten business days of the personal service or mailing of the notice the owner shall abate the graffiti or show good cause why the owner cannot abate the graffiti within that time period. B. Upon good cause shown, the Chief of Police may grant an extension not to exceed ten additional city business days. Page 3- COUNCIL BILL NO. 1720 ORDINANCE NO. IOA C. If the owner does not comply with the provisions of this ordinance, the Chief of Police may refer the matter to the City Council for hearing as a part of its regular agenda at the next succeeding meeting. The City Recorder shall give notice of the hearing to the owner and occupants, if the occupants are different from the owner. D. At the time set for a hearing, the owner and occupants may appear and be heard by the City Council. E. The City Council shall determine whether the property is graffiti nuisance property and whether the owner has complied with this ordinance. F. The city has the burden of proving by a preponderance of the evidence that the property is graffiti nuisance property. G. The owner has the burden of proving by a preponderance of the evidence that there is good cause for failure to abate the nuisance within ten city business days of the personal service or mailing of the notice. Section 7. REMEDIES OF THE CITY A. In the event that the City Council determines that the property is graffiti nuisance property, the City Council may order that the nuisance be abated. This order may include conditions under which abatement is to occur. B. The City Council may also employ any other legal remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing the filing of a civil complaint in a court of competent jurisdiction. C. The remedies provided in this section are in addition to those otherwise provided by law. Section 8. CIVIL PENALTY. Permitting graffiti nuisance property is a Class I civil infraction punishable by a civil forfeiture not to exceed $500, pursuant to the Civil Infraction Ordinance. Section 9. ABATEMENT BY THE CITY. If the owner fails to abate the nuisance as ordered by the City Council, the city may cause the nuisance to be abated as provided in the City Nuisance Ordinance, Ordinance No. 1616. Section 10. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this Page 4- COUNCIL BILL NO. 1720 ORDINANCE NO. ,, IOA ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Nancy A. Kirksey, Mayor Page 5- COUNCIL BILL NO. 1720 ORDINANCE NO. lOB MEMO To: From: Subject: Mayor and City Council through ~e,/,~ c~City Administrator Ben Gillespie, Finance Director ,J ~f ] I Audit Contract for 1995-96 Date: June 24, 1996 RECOMMENDATION: It is recommended that the Council approve the attachelresolution autho~g the Mayor and the City Administrator to sign the attached contracts for the services of Harris and Eide for the audit of fiscal year 1995-96. BACKGROUND: For professional services such as insurance, banking, or auditing the City should evaluate the market every three to five years. To stay with a finn longer than five years without a competitive review may result in higher than market fees, less than full service, or a relationship that simply grows too cozy. To change firms more olden than every three years does not allow a firm to build on its early experience to become more effective and/or efficient in how it serves the City's needs. The City has used the services of Harris & Eide for its annual audit for over ten years. Ideally a request for proposal would have been issued for audit work for the three year period beginning with 1995-96. However, this came up at the same time staff'was administering fl~e request for proposal for banking services. This was the first time a bank had been selected using a competi- tive process. It was absolutely imperative that that process be completed by the end of the fiscal year. That left too little time to successfully administer a second RFP. Requesting audit proposals will occur a year from now. In the mean time this one year contract will fulfill the need for the annual audit and preparation of the financial statements for 1995-96. FINANCIAL IMPLICATIONS: The fee proposed by Harris and Eide is the same as last year, $21,750. This has been budgeted in 1996-97. lOB COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO A CONTRACT WITH HARRIS & EIDE, CERTIFIED PUBLIC ACCOUNTANTS, FOR THE PURPOSE OF AUDITING AND EXPRESSING AN OPINION UPON THE FINANCIAL STATEMENTS OF THE CITY FOR THE FISCAL YEAR 1995-96. WHEREAS, the City of Woodburn is required by law to be prepare annual financial statements and have those statements audited by an independent certified public accounting firm, and WHEREAS, the firm of Harris & Eide is qualified to audit municipal corporations, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS; Section 1. contract with Harris & Eide which is attached incorporated herein.- Approved as ,o form City A~orney The Mayor and City Administrator are authorized to execute the hereto and, by this reference, APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. lOB HARRIS & EIDE CERTIFIED PUBLIC ACCOUNTANTS Donald K. Harris, CPA Gregory M. Eide, CPA 991 Liberty Street S,E. · (503) 362-8644 P. O. Box 471 o Salem, Oregon 97308 THIS CONTRACT made this 20th day of June 1996, in' accordance with the requirements of Oregon Revised Statutes 297.610 through 297.740 between Harris & Eide, Certified Public Accountants of Salem, Oregon, and the City of Woodbum, Oregon, provides as follows: 1. It hereby is agreed that Harris & Eide shall conduct an audit of the accounts and fiscal affairs of the City of Woodburn, Oregon, for the period beg~ning July 1, 1995 and ending June 30, 1996 in accordance with the Minimum Standards for Audits of Municipal Corporations and Single Audit Act as prescribed by law. The audit shall be undertaken in order to express an opinion upon the financial statements of the City of Woodbum, Oregon, and to determine if the City has complied substantially with appropriate legal provisions. 2. Harris & Eide agree that the services they have contracted to perform under this contract shall be rendered by them or under their personal supervision and that the work will be faithfully performed with care and diligence. 3. The audit is to be conducted in accordance with generally accepted auditing standards, and will include such tests of the accounting records and such other auditing procedures as may be considered necessary. It is contemplated that a detailed examination of all transactions will not be made, such as to disclose defalcations or irregularities which may occur. Harris & Eide shall, however, advise you of any findings which appear unusual or abnormal, and they shall conduct a review of the system of internal control. 4. It is understood and agreed that, should unusual conditions arise or be encountered during the course of the audit whereby the services of Harris & Eide are necessary beyond the extent of the work contemplated, written notification of such unusual conditions shall be delivered to the City of Woodbum, Oregon, who shall instruct Harris & Eidc in writing concerning such additional services, and that a signed copy of such notification and instruction shall be delivered immediately to the Secretary of State by the Party issuing the same. 5. We understand that you will provide us with the basic information required for our audit after each fiscal year end no later than September 30, and that you are responsible for the accuracy and completeness of that information. We expect to complete and issue our report no later than December 31 following each fiscal year end. This completion date is based on the anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If additional time is necessary, we will discuss with you and arrive at a new completion date. Adequate copies of such report shall be delivered to the City of Woodburn, Oregon, and its form and content shall be in accordance with and not less than that required by the Minimum Standards for Audits of Oregon Municipal Corporations and the Federal Single Audit Act. lOB Page 2 6. Harris & Eide will assist the City in the preparation of the City's comprehensive annual financial report for the year ending June 30, 1996 including all combined and combining financial statements and all footnote disclosures required by generally accepted accounting principles. 7. In consideration of the faithfixl performance of the conditions, covenants, and undertakings herein set forth, the City of Woodbum, Oregon hereby agrees to pay Harris & Eide a sum not to exceed $21,750, and the City hereby affirms that proper provision for the payment of such fee has been or will be duly made and that funds for the payment thereof are or will be made legally available. HARRIS & EIDE Certified Public Accountants CITY OF WOODBURN, Oregon by. Mayor City Administrator , 10C COUNCIL BILL NO. / RESOLUTION NO. A RESOLUTION APPROVING CERTAIN CODES AND STANDARDS KNOWN AS THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS TO BE ENFORCED WITHIN THE CITY OF WOODBURN BY THE WOODBURN FIRE DISTRICT. WHEREAS, pursuant to the intergovernmental agreement between the City of Woodburn and the Woodburn Rural Fire Protection District dated February 13, 1984, enforcement of the Uniform Fire Code is the legal responsibility of the Woodburn Fire District; and WHEREAS, ORS 478.924 requires that the governing body of any city within a rural fire protection district approve the fire code enforcement by the district within the boundaries of the city; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council approves the Uniform Fire Code and Uniform Fire Code Standards, as amended and adopted by Woodburn Fire District Ordinance 1996.01 (a copy of which is attached for reference and incorporated herein), and authorizes their enforcement by the Woodburn Fir~e~istrict within the boundaries of the city of Woodburn. ~/) ~)A/P~~ ~ ..,-,,,,, .- CITY ATTORNEY DATE APPROVED: NANCY A. KIRKSEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. 10C Woodburn Fire District 1776 Newberg Highway Woodbum, OR 97071 (503) 982-2360 Fax: (503) 981-5004 I certify that I have compared the attached Ordinance 1996.01 consisting of 6 pages with the original in this office, that I am the custodian, and that the attached is a true and correct copy. Woodburn, Oregon June 12, !996 District Clerk 10C ORDINANCE 1996.01 An ordinance adopting the Uniform Fire Code and Unifo~ Fire Code Standards and prescribing regulations governing conditions hazardous to life and property from fire or explosion, providing for the issuance of pe,.~Its for certain huardons uses or operations, and estabHshin=~ a fire prevention division and providing officers therefor and defining their powers and duties.' BE IT ORDAINED by the Board of Directors of Woodbum Fire District, a district duly authorized under and pursuant to the provisions of Chapter 478, Oregon Revised Statutes, located in Marion County, Oregon as follows: Section 1. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the Board of Directors of Woodburn Fire District for the purpose of prescribing regulations governing conditions hazardous to life and property from/'we or explosion, that certain codes and standards known as the Uniform Fire Code, as amended by the Oregon State Fire Marshal, and the Uniform Fire Code Standards published by the International Fire Code Institute and the International Conference of Building Officials, being particularly the 1994 editions thereof and the whole thereof, one (1) copy of which Code and Standards shall be filed in the office of the State Fire Marshal of the State of Oregon, one (1) copy of which shall be posted at the Fire District Headquarters Office, 1776 Newberg Highway, Woodburn, Oregon 97071, and one (1) copy of which shall be posted in each Woodbum Fire District fire station, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on ,which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of Woodburn Fire District. Section 2. ESTABLISHMENT AND DUTIES OF FIRE PREVENTION DMSION. (a) The Uniform Fire Code shall be enforced by the Fire Prevention Division of the Woodbum Fire District which is hereby established and which shall be operated under the supervision of the Fire Marshal. (b) The Fire Marshal in charge of the Fire Prevention Division shall be appointed by the Chief of the Woodbum Fire District on the basis of examination to determine his qualifications. 10C (c) The Chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The Chief of the fire department shall recommend to the Board of Directors of the Woodburn Fire District the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. Section 3. DEFINITIONS (a) Wherever the word "jurisdiction' is used in the Uniform Fire Code, it shall be held to mean the area included within the boundaries of the Woodburn Fire District. Section 4. APPEALS Whenever the Chief disapproves ar[ application or refuses to gr. ant a permit where applied for, or when it is claimed that provisions of th~ code do not apply, or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant m~ty appeal from the decision of the Chief to the Board of Appeals within thirty (30) days from the date of the decision appealed. Section 5. PENALTIES (a) Any person who shall violate any of the provisions of this Code or Standard hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or Who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Directors of Woodburn Fire District or by a court of competent jurisdiction, within thc time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $10.00 nor more than $100.00 for each day's neglect as provided by ORS 478.990. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. (b) The applications of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 10C Section 6. REPEAL OF CONFLICTING ORDINANCES All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed, (i.e. UFC ORDINANCE 1992.1) Section 7. VALIDITY The Board of Directors of the Woodbum Fire District hereby declare that should this section, paragraph, sentence or word of this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of that board that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portions as may be declared invalid. Section 8. APPENDICES Following is a list of Appendices which shall apply to this ordinance. (a) Appendix A-1 Fire Apparatus Access Roads Sec~on 9. DATE OF EFFECT This ordinance shall take effect and be in force from and after approved by the Board of Directors of the Woodbum Fire District and after approval by the County Commissioners of Marion County, City Councils of Gervais and Woodbum, or thirty days whichever is later. District Clerk WOODBURN FIRE DISTRICT ~ ~Ja~quee Blal(~c~, Presider~t DATED: This ]/lJ~ day of ~CI ~J~_~' ,1996. · , 10C Woodburn Fire District Ordinance 1996.01 Appendix A-1 Fire Apparatus Access Roads to Private Property Fire apparatus access to private property shall meet the requirements of Article 9 of the 1994 UFC as amended by the State of Oregon. The following specifications shall apply unless altered by the chief. A. Width The unobstructed width of a fire apparatus access road shall be not less than 20 feet. Exception: The following exceptions shall apply to properties with two or less single family residences. Roadway length 150-500 feet 500+ feet 20 feet Clearance of obstruction 20 feet Driveable surface 12 feet with a minimum of one turnout 12 X 40 feet parallel to roadway 12 feet with a minimum of one turnout 12 X 40 feet every 400 feet or fraction thereof. Note: Location of turnouts to be approved by the Chief. Vertical Clearance An unobstructed clearance of not less than 13 feet 6 inches. Gm Dm Eg Fm Surface The surface shall be an all weather material capable of supporting a minimum weight of 60, 000 lbs. Turning Radius Turning radius for a fire access road shall be 29' inside and 45' outside based on a 20' wide access width. See attachement for example. Turnaround Provisions Turnaround provisions shall apply to any dead end access more than 150 feet in length. See the attachment for specific examples and standards. Bridges Bridges shall meet the requirements of UFC 902.2.2.5 and be sufficient to carry a minimum load of 60,000 lbs. Certification must be provided by a licensed engineer. Grade T.he gradient for fire apparatus access roads shall not exceed 12%without the approval of the chief. Obstructions Shall comply with UFC 902.2.2.4 Signs .. 10C Signs shall comply with UFC 901.4.5 J. Premises Identification All properties must be identifiable from a public road. For address which cannot be seen from a public road an address sign approved by the chief must be posted at the drive entrance to the subject property. Roadside numerals shall be a minimun of 3 inches in height. Numerals on buildings shall meet city/county standards. If no standard is present they shall be 4 inches for residential and 6 inches for commerical application. " 1OD City of Woodburn Police Department MEMORANDUM 270 Montgo~ Ken Wright/ DChiate~f °f~ ,T 1, 1996 Woodburn, Oregon 97071 (5O3) 982-2345 To: Mayor and Council C. Childs, City Administrator Subject: Police Department Auto Leasing Contract It was noted during the budget hearings for fy 96/97 that the police department fleet was becoming high maintenance and high mileage. That the budget only allowed for limited replacement of thc marked fleet and did not allow for unmarked vehicles. *see attached summary of police vehicle maintenance cost for fy 95-96. In completing research on how the police department could overcome the problem of high mileage and high mainttmance costa it was found that the State of Oregon provides safe and economical transportation through the Slate of Oregon Motor Pool. The State of Oregon provides a lease arrangement to include all expenses including cost of the vehicle, fuel, maintenance and administration. The rates are $210 or $240 per month and a mileage fee of $0.10 - $0.11 per mile. Rates are baaed upon 1,000 miles pex month per unit. These rates compare very favorably in that commercial leasing rates at local dealers are $279 per month. The leasee is responsible for gas, tires incidental maintenance i.e. oil changes. The l~s!ng of two sedan vehicles has been budgeted and approved with the adoption of the police fy 96-97 budget. With thc leasing of two vchilcs thc police dcparUnent will be reducing thc fleet by two units and substituting leased vehicles. recommendation: Thc City Council approve thc contract with thc Slate of Oregon Motor Pool for the lease of two sedan vehicles. City Of Woodburn Police Department 1OD 270 Montgomery Street ',, ?~'t~. Marr ffl' Secretary Date: June 24, 1996 To: Subject: Woodburn, Oregon 97071 Ken Wright, Chief of Police Summary of Vehicle Maintenance Costs, FY 95-96 YTD (503) 982-2345 The following is a breakdown of our vehicle maintenance costs for the current fiscal year, to date. (07/01/95 through 05/31/96) VEHICLE MAINTENANCE COSTS FOR THIg FISCAL YEAR TO DATE ~ $22,612. (Bvoa~r FOa ~ns ~ rn~ ~s $28,000) OF I~,T, $11,3~9 (50.2~%) ~S A~ TO LABOm $11,243 (49.72%) ~S A~rmmrr~ TO ~¥,~s. Costs per vehicle are as follows (in priority of expense): Patrol Vehicles Unit 15 27.36¢ per mile 14.98¢ per mile Unit 52 11.47¢ per mile Unit 80 10.78¢ per mile Unit 53 Unit 54 9.04¢ per mile Unit 45 6.69¢ per mile Current Odometer Reading: 95,781 Miles Logged YTD: 17,142 Current Odometer Reading: 91,239 Miles Logged YTD: 23,228 Current Odometer Reading: 96,386 Miles Logged YTD: 22,904 Current Odometer Reading: 99,179 Miles Logged YTD: 12,308 Current Odometer Reading: 37,010 Miles Logged YTD: 17,003 Current Odometer Reading: 18,064 Miles Logged YTD: 16,428 1OD Unmarked Vehicles lJnit 28 38.63¢ per mile (D.A.R.E.) TBX239 18.06~ per mile (Volunteer/Detective) QVQ161 12.27c per mile (Lt. Eubank) SVG190 (Lt. Nun) 12.85¢ per mile Unit 19 12.00~ per mile (Evidence/Volunteers) TBQ381 11.99C per mile (Detective/Chevy) QHJ587 11.91¢ per mile (Chief Wright) SDG651 11.15¢ per mile (Detective/Dodge) Current Odometer Reading: Miles Logged YTD: 1,550 Current Odometer Reading: Miles Logged YTD: 4,837 Current Odometer Reading: Miles Logged YTD: 3,795 Current Odometer Reading: Miles Logged YTD: 3,176 Current Odometer Reading: lViiles Logged YTD: 3,446 Current Odometer Reading: Miles Logged YTD: 5,619 Curreat Odometer Reading: Miles Logged YTD: 4,275 Current Odometer Reading: Miles Logged YTD: 5,894 71,968 100,434 89,311 84,116 96,864 71,819 99,971 91,991 ,. " 1OD COUNCIL BILL NO. j '/_~ RESOLUTION NO. A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF OREGON, BY AND THROUGH ITS DEPARTMENT OF ADMINISTRATIVE SERVICES, TRANSPORTATION, PURCHASING, AND PRINTING SERVICES DIVISION, FOR THE USE OF VEHICLE FLEET AND MOTOR POOL SERVICES. WHEREAS, it was noted during the budget hearings for fiscal 1996-97 that the Woodburn Police Department's motor vehicle fleet was characterized by high mileage and maintenance; and WHEREAS, the fiscal year 1996-97 budget allows only for limited replacement of marked police vehicles and does not allow for replacement of unmarked vehicles; and WHEREAS, a cost effective way of partially overcoming the problem is to lease two police vehicles through the State of Oregon Motor Vehicle Pool; and WHEREAS, this proposed lease arrangement was found to be reasonable and includes the cost of vehicle fuel, maintenance, and administration; and WHEREAS, by leasing two police vehicles through the State of Oregon Motor Vehicle Pool, the Woodburn Police Department's motor vehicle fleet can be reduced by two units and the leased vehicles substituted; NOW, THEREFORE, THE CITY WOODBURN RESOLVES AS FOLLOWS: Section 1. That the city enter into an intergovernmental agreement with the State of Oregon, acting by and through its Department of Administrative Services, Transportation, Purchasing, and Printing Services Division, for the lease of two police vehicles. Section 2. That the Mayor be authorized to execute, on behalf of the city, said agreement, a copy of which is attached hereto, and by this reference, is incorporated herein. Approved as to ,orm.'~' .~~-~~ ?'~ /~- ?~ City Attorney Date Page I - COUNCIL BILL NO. RESOLUTION NO. IOD CONTRACT NUMBER: INTER-GOVERNMENTAL / INTERAGENCY AGREEMENT FOR THE COOPERATIVE PROVISION AND USE OF VEHICLE FLEET AND MOTOR POOL SERVICES This Intergovernmental Fleet Services Agreement ("Agreement") is entered into pursuant to ORS 190.110, 190.210, 190.240 and ORS 283.305 to 283.350, by and between the State of Oregon, acting by and through its Department of Administrative Services, Transportation, Purchasing, and Printing Services Division (hereinafter referred to, interchangeably as "State" or "State Fleet"), and , a unit of local government, or other qualified agency (hereinafter referred to, without differentiation, as "Public Agency", as defined in ORS 190.003, 190.110 (1), or 190.240. BACKGROUND · State desires to make the most efficient and cost-effective use of its vehicle fleet and motor pool facilities; · State may exercise its powers cooperatively with any public agency described in ORS 190.110 (1); · Pursuant to ORS 283.305 to 283.350, State may provide vehicle fleet and motor pool services to agency personnel in carrying out official state business; · The definition of"agency personnel" in ORS 283.305 (1) (a) .(12)) includes the personnel of any unit of local government whose use of state motor vehicles is authorized by an authorized inter- governmental agreement; · State has promulgated rules which interpret "agency personnel" and "official state business" in a manner that allows State to provide vehicle fleet and motor pool services to a public agency following executing of an authorized intergovernmental agreement; · Public Agency represents and warrants that it is eligible under the applicable statutes, administrative rules, ordinances, charter provisions, by-laws, or other pertinent governing authority to enter into an intergovernmental or interagency agreement with State to obtain vehicle fleet and motor pool services; and · State desires to provide Public Agency, and Public Agency desires to obtain from State, vehi- cle fleet and motor pool service under the terms and conditions in this Agreement. Terms and Conditions In consideration of the respective conditions and mutual promises and cx/venants set forth herein, and other good and valuable consideration, the adequacy and sufficiency of which is hereby ac- knowledged, State and Public Agency agree as follows: 1. Provided Services. State shall provide vehicle fleet and motor pool services to Pub- lic Agency in accordance with the terms of this Agreement. Such services include vehicle rental services, fuel and car wash services, vehicle preventive maintenance and repair ser- vices, towing services (where available), and vehicle inspection/maintenance and certifica- tion services necess~ to comply with the requirements of the Oregon Department of Environmental Quality. The specific services provided and the current rates for such services are set forth in Exhibit A and are incorporated into this Agreement by reference (see attached). (a) As agreed between State and Public Agency, the vehicle fleet and motor pool services will be provided to Public Agency through one or more of State's motor pool fa- cilities in Portland, Salem and Eugene. (b) The vehicle fleet and motor pool services shall be provided in accordance with all: (1) applicable state statutes and administrative roles; and (2) policies and procedures of the Department of Administrative Services, Transportation, Purchasing, and Print Services Division, as such statutes, rules, policies, and procedures exist currently or are subsequently amended. (A copy of the Department of Administrative Ser- vices, Transportation, Purchasing and Print Services Division's current policies and proce- dures is attached as Exhibit B and is incorporated into this Agreement by reference). Public Agency should note Administrative Rule 125-155-900 section 3. Pub- lic Agency acknowledges and agrees that State's maximum liability for any service that is allegedly improperly, negligently, or wrongfully performed or provided shall not exceed the rate paid or payable by Public Agency to State for such service. In the event of alleg- edly improperly or negligently performed service, Public Agency's sole remedy shall be State's election to (1) refund to Public Agency funds paid for such service, or (2) perform such corrective repairs or services as State determines appropriate. (c) Public Agency shall pay State according to the rates in effect at the time the fol- lowing services are provided: (I) Vehicle rental services, whether daily, weekly, or monthly; (ii) Specialty vehicle rental services, as established by the appropriate State Fleet motor pool facility manager and agreed to by Public Agency; (iii) Fuel services; 2 ..' .,: IOD (iv) Vehicle repair services, including parts and labor; (v) Wrecker/tow/road services (where available, during State Flee~ hours of operation); (vi) Car wash services (where available, during State Fleet hours of operation); (vii) Vehicle inspection and certification services (any engine adjustment and/or re- pair services required to pass the inspection for certification will be performed by State Fleet, and charged at the agreed labor rate). 2. Term of Agreement. This Agreement, which is effective as of the date it is signed by State, shall remain in effect for one year from the effective date and, unless renewed, shall terminate on 3. Agreement Renewal. This Agreement may be renewed for one-year extension periods upon mutual agreement between State and Public Agency. Notice of intent to re- new shall be submitted in writing to State's Fleet Services Coordinator at least thirty (30) days prior to the termination date set forth in paragraph 2, above. 4. Payment for Services. State will submit monthly invoices to Public Agency for all services provided during the pre~:~ling month. Payment shall be due upon receipt of each invoice. Interest shall accrue at the rate of eight percent (8%) per annum on invoices not paid within forty-five (45) days at, er receipt by Public Agency. 5. Conditions Under which Vehicle Rental Services will be Provided: Duties and Obligations of Public Agency. Any vehicles provided pursuant to this Agreement are State property and in good and roadworthy condition. Unless Public Agency gives immediate written notice to the contrary, such vehicles shall be conclusively presumed to be in neat and proper appearance, good repair, suitable mechanical condition, and in nm- ning order when accepted by Public Agency. Each vehicle provided pursuant to this Agreement shall be used in the normal and ordinary course of Public Agency's business. Public Agency will return each vehicle, together with all tires and equipment, in the same condition as when received, ordinary wear and tear excepted, to the appropriate State Fleet motor pool facility on the DUE BACK DATE specified, or sooner upon demand of State. State may peacefully repossess any vehicle provided to Public Agency at any time, without demand, if it is illegally parked, apparently abandoned, or used in violation of law or of this Agreement. This Agreement is solely for the provision of vehicle fleet and motor pool services to Pub- lic Agency; Public Agency does not, by this Agreement, acquire any right, rifle, or inter- est in or to any of the property provided pursuant to this Agreement. (a) The following restzicrions are cumulative and each shall apply to every use, op- eration, or driving of a vehicle provided to Public Agency pursuant to this Agreement. Under no circumstances shall Public Agency allow such vehicle to be used, operated, or driven by any person: (I) Who does not possess a current, valid Driver's license; or (ii) For the transportation of persons or property for hire; or (iii) Under the age of 18; or (iv) Who has given State or Public Agency a false name. age, or address; or (v) In any race, speed test, contest, or for any illegal purpose; or (vi) to transport any property or material deemed extra-b.7~rdous by reason of be- ing explosive, inflammable, or fissionable; or (vii) While under the influence of intoxicants or narcotics; or (viii) Where the speedometer of the vehicle has been tampered with or disconnected; or (ix) Who is not currently an officer or employee of Public Agency. (b) The vehicles provided to Public Agency pursuant to this Agreement shall not be used in violation of any federal, state, or municipal statutes, laws, ordinances, rules, or regulations applicable to the operation of such vehicles. Public Agency shall be responsi- ble for and shall pay all fines, penalties, and forfeitures imposed for parking or traffic vio- lations, or for the violation of any statute, law, ordinance, nde, or regulation of any duly constituted public authority, which are incurred while the vehicle is in the possession of Public Agency. (c) All vehicles provided to Public Agency pursuant to this Agreement shall be op- erated only by safe, careful, legally qualified, and properly licensed drivers. Such drivers shall be selected, employed, controlled, and paid by Public Agency and shall be conclu- sively presumed to be employees of Public Agency and not of State. Public Agency shsll cause the vehicles provided pursuant to this Agreement to be used and operated with reasonable care and caution to prevent loss and damage due to -' " 1OD negligent or reckless use, abuse, fire, theft, collision, or injury to persons or property. Further, on written complaint from State to Public Agency specifying any reckless, care- less, or abusive handling of a vehicle, Public Agency shall remove the dfiYer (s) of any such vehicle (s) and substitute careful and safe driver (s) as soon as it is reasonably possible to do so. In addition, Public Agency's drivers shah comply with all policies, conditions, and regulations now or subsequently made by State with respect to the proper use, care, and operation of the vehicles provided pursuant to this Agreement. (d) Public Agency is responsible for and will reimburse State upon demand for all loss or damage (regardless of negligence) to any vehicle provided pursuant to this Agree- ment for such vehicles, equipment or tools. The state policy is to replace "total loss" vehi- des at replacement cost, because the vehicles are purchased new. Replacement cost is to- day's cost without deduction for depreciation, use, wear and tear, etc. This is the same potential loss you, the Public Agency, faces. If the state vehicle is a total loss you are re- sponsible for the replacement cost of like kind vehicle. (e) Public Agency represents that its personnel, including the driver of any vehicle provided pursuant to this Agreement are officers, employees, or agents, as such terms are defined in ORS 30.265; however such personnel shall in no event be deemed to be offi- cers, employees, or agents of the State, in any manner, for any purpose. (0 State shall not be liable for loss or damage to any property leiS, stored, or trans- ported by Public Agency or any other person in any vehicle provided pursuant to this Agreement, either before or after the return of such vehicle to State, regardless of whether such loss or damage was caused by or related to negligence of State or its officers, em- ployees, or agents. Public Agency assumes all risk of such loss or damage. Public Agency fitrther agrees to hold State harmless from and to defend and in- demnify State against all claims based upon or arising out of such loss or damage. (g) Public Agency agrees to pay all costs, expenses, and attorney's fees incurred by State: (1) in collecting sums due from Public Agency; or (2) in enforcin~ or recovering any damages, losses, or claims against Public Agency. (h) If a vehicle has been provided to any person who has given State a false or ficti- tious name, address, or business affil/ation, or if Public Agency fails or refuses to return vehicle to State within five (5) business days following State's demand upon Public A- gency, Public Agency shall be conclusively presumed to be in unlawful possession of such vehicle. (Demand shall be deemed delivered to Public Agency by the deposit of' a registered or certified letter in any U. S. mailbox addressed to either the res- idence or business address of Public Agency, as shown in this Agreement). Under such circumstances, Public Agency agrees to release and discharge State from any and all claims, suits, or demands of every kind or nature resulting from or relating to any 5 alleged false arrest, false imprisonment, false detention, defamation of character, assault, malicious prosecution, trespass, or invasion of civil rights resulting from or relating to the issuance ora wan'ant for the arrest of an officer, employee, or agent of Pablic Agency, or any person operating a vehicle provided pursuant to this Agreement, or resulting from or relating to any other action by State including, but not limited to, self-hold, which State deems necessary in order to effect the return of the vehicle, or the collection of any monies due State pursuant to the terms of this Agreement. 6. Compliance with Applicable Law. Public Agency shall comply with all federal, state, and local laws and ordinances applicable to Public Agency's performance of its obligations and duties under this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Any litigation between State and Public Agency resulting from or relating to performance of this Agree- ment shall be commenced and maintained solely in the Marion County Circuit Court in Salem, Oregon. 7. Successors in Interest: No assignment. The provision of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Provided, however, that neither this Agreement nor any interest herein may be assigned by Public Agency without prior written consent of State. Further, Public Agency many not lease, sublease, encumber, or transfer any of the property provided pursuant to this Agreement, nor allow any person who is not an officer or employee of Public Agency to use any such property without prior written consent of State. 8. Access to Records. State Fleet, the Secretary of State's office of the State of Oregon, and their duly authorized representatives shall have access to the books, documents papers, and records of Public Agency which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcripts. Public Agency shall maintain and preserve all such books, doca~ments, papers, and records for three years after the termination of this Agreement or until the conclusion of any controversy or litigation that results from or relates to this A~eement, whichever is longer. 9. Termination. This Agreement may be terminated by the mutual consent of the par- ties, or by State upon thirty (30) days notice, in writing and delivered by certified mail or in person. State may modify or terminate this Agreement, in whole or in part, effective upon deliv- ery of written notice to Public Agency under any of the following conditions: (a) If State funding from federal, state, or other sources is not obtained and/or con- tinued at levels sufficient, in the exercise of State's reasonable admini.qtrafive discretion, to allow for the provision of services under this Agreement; 1OD (b) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate under this Agreement, or are no longer eligible for the funding intended tb finance the ser- vices under this Agreement; (c) If any license, certificate, or authority required of either party by law or regulation to be held or possessed for purposes of the services to be provided under this Agreement is for any reason denied, revoked, suspended, canceled, or not renewed; or (d) If Public Agency fails to make payment (s) at the time (s) required by this Agreement or otherwise fails to perform any of the material provisions of this Agreement and, after receipt of written notice from State, does not correct such failures within five (5) business days or such other period as State may authorize or require. 10. Hold harmless, lnnuranc~. (a) Public Agency shali indemnity, defend, and hold harmless State and the Depart- ment of Administrative Services, its officers, divisions, agents, and employees from all cia/ms, suits, or actions of any nature aris/ng out of the activities of Public Agency, its offi- cers, agents, or employees under this Agreement. (b) Public Agency shall obtain, at its expense, and keep in effect during the term of this Agreement, liability coverage for owned, non-owned and/or hired vehicles, or the equivalent for a self-insured Public Agency, in a form acceptable to the State. Such insur- ance shall be primary, and not excess or contributory, with respect to any accident involv- ing the vehicle(s) provided and/or being serviced pursuant to this Agreement. It shall af- ford a combined single limit of $500,000 for bodily injury and property damage arising out of a single accident or occurrence, or the Oregon Tort Claims Act limits for a public body as defined by ORS 30.270 (1), whichever is highest. (I) Public Agency shall cause its personnel to notify State immediately by telephone if any vehicle provided to Public Agency pursuant to this Agreement is involved in any accident. Thereafter, as soon as practical, Public Agency shall report to State in writing, giving all information concerning the accident, including but not limited to, the date, time, place, and circumstances of the accident, the names and addresses of the person injured, the owners of property damaged, and the names and ad- dresses of all witnesses. Public Agency shall cooperate fully with State in the investigation and defense of any claim or suit, and shall not do anything to impair or invali- date any applicable insurance coverage. 7 - ', ,:' 10D (ii) There shall be no cancellation, material change, potential exhaustion of aggregate limits, or intent not to renew insurance coverage (s) without thirty (30) days written notice from Public Agency or its insurer (s) to the Department of Administrative Services. Any failure to comply with the reporting provisions of this insur- ance, except for the potential exhaustion of aggregate limits, shall not affect the coverage (s) provided to the State of Oregon, its Department of Administrative Services and their divisions, officers, and employees. (c) Public Agency is subject to the Oregon Worker's compensation Law and shall comply with ORS 656.017. Public Agency certifies that it has workers compensation coverage and will keep it in force during the term of this Agreement. (d) As evidence of the insurance coverage required by this contract, Public Agency shall furnish the Certificate(s) of Insurance to the Department of Administrative Services prior to the issuance of a vehicle. Insurance coverage shall be obtained from an acceptable insurance company or entity. Public agency shall be financially responsible for all deductibles, serf-insured retention and/or self-insurance included under thin Agreement. The Certificates will specify the State of Oregon, The Department of Administrative Services and their divisions, officers and employees as Additional Insureds (or Loss Payees). ,' ' 1OD 11. ~: THIS INTERGOVERNMENTAL AGREEMENT FOR THE COOPERATIVE PROVISION AND USE OF VEHICLE FLEET AND MOTOR POOL SERVICES, TOGETHER WITH THE ATTACHED EXIqIBITS, ' CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO W- A1VER, CONSENT, MODIFICATION, OR CHANGE OF TERMS OR PROVISIONS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODI- FICATION, OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPE- CIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIONS, ORAL OR WRIT- TEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. 12. ~d~.~: Each party, by the signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have the authority necessary to execute this Agree- ment. PUBLIC AGENCY NAME: TITLE: ADDRESS: DATE: TeL # CITY & STATE: SIGNATURE: DEPARTMENT OF ADMINISTRATIVE SERVICES, TRANSPORTATION, PUR- CHASING, AND PRINTING SERVICES DIVISION NAME: DATE: TITLE: Tel. ADDRESS: CITY & STATE: SIGNATURE: 9 '. . :' 1OD NAME: TITLE: ADDRESS: DATE: Tel. CITY & STATE: SIGNATURE: NAME: TITLE: ADDRESS: DATE: Tel. CITY & STATE: SIGNATURE: NAME: TITLE: ADDRESS: DATE: Tel. CITY & STATE: SIGNATURE: NAME: TITLE: ADDRESS: DATE: Tel. CITY & STATE: SIGNATURE: 10 11 City of Woodburn Police Department 270 Montgomery S~ Ken Wright Chief of Date: July 1, 1996 Woodburn, Oregon 97071 To: Mayor andCounc~ C. Childs, City Administrator Subject: Liquor License - Restaurant, Change of Ownership (5O3) 982-2345 Applicant: C & M Granger, Inc., 1565 N. Pacific Hwy., Woodburn, Sally's Restaurant Charley A. Granger & Marian L. Granger Previous Owner: Wells Group Woodburn, Inc., Izzy's Pizza Restaurant On May 28, 1996 the police depamnent received a liquor license change of ownership request. The police department conducted a complete background investigation of the principals of the corporation, Charley and Marian Granger. All information provided bY thc principals was verified through police investigation reports. Marian Granger listed one traffic viohtion 'for speeding with a reported fine of $50 or more. This was verified through DMV records. Charley Granger listed a 1975 theft charge and a speeding ticket with a fine of $50 or more. Both were verified through OSP criminal history records and DMV records. C. Granger advised that the new business is to continue as a family style pizza restaurant. The will continue to sell beer from tapped kegs only, only provide beer when food is ordered and will continue a three drink maximum policy. In review of OAR 845-05-025 Criteria Creating Presumntion Against Issuing Liccn~ I find that the applicant does not meet the criteria to not issue a liquor lic6nse and does meet all the criteria listed in OAR for issuance of the liquor license. Recommendation: Thc applicant C&M Granger be provided with a favorable recommendation for the Change of Ownership Restaurant liquor license. {VOODBURN POLICE DEPARTIiENT Incident Report Distribution: Records OLCC IOE 96-003346 Connect # - LIQOUR LICENSE Reported Date/Time: 05/28/96 1549 hrs Occurred Date/Time: 05/28/96 1549 hrs to / / 0000 hrs Location: 1565 N PACIFIC ~VOODBLStN OR SUMMARY On Hay 28, 1996 at 1549'hfs C. Granger and M. Granger requested a liqour license for a change of ownership and a business name change for the business located at 1565 North Pacific Highway. The new business name is 'Sally's Restaurant'. The old business name was "Izzy's Pizza Restaurant" Involved person: GRANGER, CHARLEY'AARON DOB: 10/05/46 Age: 49 Hgt: 5'11' Wgt: 200 Hair: Brown Eye: Blue 4713 SE INA AV HILWAUKIE, OR 97267 Phone: (503)786-3973 Type: Home OLN: 633598 (OR) SSN: 542-42-2170 Involved person: GRANGER, HARI/~ LFA DOB: 01/05/46 Age:, 50 lgF AKA: BELL & OTTERSON & BAURER Hgt: 5'05' ~gt: 125 Hair: Blonde Eye: Hazel 4713 SE INA AV HILWAUKIE, OR 97267 Phone: (503)786-3973 Type: Home OLN: 245194 (OR) SSN: 541-42-6460 Business: SALLY'S RESTAURANT 1565 N PACIFICHIg IgOODBURN, OR 97071 Phone: (503)981-3205 Type: Business Reporting Officer: C.A. CUNNINGHA~ #21286 Page Case status/Date: D 05/28/96 Approved: Follow-up Required: Assigned to Patrol or Detectzves' : Follow-up Assigned To: Date: By: Other: C.H. Entry: 96-003346 Business: ~LLS GROUP ~OODBURN ~OODBURN, Business: C & M GRANGER INC 715 COMMERCIAL ST NE SALEM, OR 97301 Business: OREGON LI~OUR CO~ISSION 213 K~)RONA ST SE SALE~, OR 97301 Phone: (503)378-4871 Type: Business INVESTIGATOR JANICE FORBES IOE Business: SECRETARY OF STATE-OREGON AKA: CORPORATION DIVISION 158 TWELVETH ST NE SM.EM, OR 97301 Phone: (503)986-2200 Type: Business Business: BETTER BUSINESS BUREAU PORTLAND, OR 97212 Phoue: (503)226-3981 Type: Busiuess Business: LINN COUNTY SHERIFF'S OFFICE ALBANY, OR Business: LINN COUNTY CIRCUIT COURT AKA: RECORDS SECTION ALBANY, OR Business: OREGON STATE POLICE SALEM, OR Reporting Officer: C.A. CUNNIN~ #21286 Page 2 " IOE BACKGROUND I NSfEST I GAT I ON: 96-003346 GRANGER, CltARLEY AARON Criminal History: C. Granger's criminal history includes two arrests in Oregon. The first arrest was in 1974 for Driving Under the Influence of Intoxicants. The second arrest was in 1976 for Theft II. Both the arrests occurred in Linn County, Oregon. The Driving Under the Influence of Intoxicants charge was dismissed. The Theft II charge shows that C. Granger was placed on probation for two years, and he has successfully completed his probation. No other criminal history was located for C. Granger. Operator License Status: C. Granger has a valid Oregon operator's license. C. Granger was involved in a motor vehicle collision in 1992 in Ya~hill County. C. Granger's license in Oregon sho~s a conviction in 1995 in Yamhill County District Court for exceed the maximum speed and he was fined @$65.00. GRANGER, ~dtIAN LEA Criminal History: No criminal historywas located for M. Granger or under her alias names of Bell, Otterson and Baurer. Operator License Status: M. Granger has a valid Oregon operator's license. M. Granger was convicted in Municipal Court in Mcginnville in 1995 for exceed maximum speed in a urban area and she was fined ~$80.00. CORPORATION COP~IISSION: Reporting Officer: C.A. CUNNINGHA~ #21286 Page 3 The sole listed agent for C. & H. Granger Ine is Hichae! Hills. Hichael Hills is C. & H. Granger's attorney. BETTER BUSINESS BUREAU: 96-003346 IOE No listings or complaints against C. Granger, H. Granger or Sally's Restaurant. ORF~N LIQUOR CONTROL OOMHISSION: No listings or violations were located for Izzy's Restaurant. No listings or violations were located for C. Granger or H. Granger. RECORDS SCAN FOR INVOLVED PERSON(S) AND BUSINESS: I completed a records scan on the address located at 1565 North Pacific Highway for the calendar year 1994 to date. I located a total of three (3) calls for service that the Woodburn Police Department responded too. The three (3) calls for service are (1) initial liquor license application investigation, and two (2) annual liquor license renewal investigations. I completed a records scan for C. Granger and H. Granger for the calendar year 1990 to date. I located a total of fourteen (14) incidents involving C. Granger. The incidents are calls for service that HcHinnville Police Department, Stayton Police Department and Benton County Sheriff's Office. C. Granger is the complainant or Involved person in the incidents. No entries were located for H. Granger. On 052896, I completed a background investigation for the liquor license for the new change of ownership and change of business name. The business is located at 1565 North Pacific Highway. The previous business name was 'Izzy's Pizza Restaurant'. That business was a franchise store of the Izzy's Corporation. That business was owned and operated by Wells Group Woodburn. The new business name is to be 'Sally's Restaurant". The new business will be owned by C.& M. Granger Incorporated. Reporting Officer: C.A. CUNNINGHAH#21286 Page 4 ' "' ' IOE I contacted C. Granger and he advised that the new business is to continue as a family style pizza restaurant. C.& M. Granger are planning to be on site managers of the new business. The new business will sell beer from tapped kegs only. The business will continue to only provide beer when food is ordered. The business will continue to sell beer in pitchers. The business will continue the three drink maximum. 96-003346 The business will have no lottery machines or pool tables and does not have a lounge area. The business will have (4) four video game machines. During the background investigation of C. Granger and M. Granger, the above listed information was located. C. Granger was contacted in regards to his arrest in 1974 in Linn County for Driving Under the Influence of Intoxicants and his arrest in 1976 for Theft II. C. Granger advised that he was arrested in 1976 for Theft II as he took some money from the business that he was employed at as he felt that the money was owed him. C. Granger pled no contest and he was ordered to pay a fine and was placed on (2) years probation. C. Granger successfully completed his (2) two years of probation. C. Granger did not list his arrest in 1974 for Driving Under the Influence of Intoxicants on his O.L.C.C. application. C. Granger advised that he had forgotten about his D.U.I.I. arrest, and he didn't think it would matter as the charges were dismissed. C. Granger advised that he had spilled some alcoholic beverages on his shirt and he was driving home and that he was arrested and he later blew a .00~, so the charges were dismissed. I was not able to obtain a copy of the incident reports of the Theft II and D.U.I.I. arrest as they were destroyed after (10) ten years. I have attached copies of the pleading records from the Theft II case obtained from Linn County Circuit Court. C. Granger was involved in a motor vehicle collision in Mctinnville in 1992 and I have attached a copy of the collision report obtained from the Oregon Department of Motor Vehicles. M. Granger was checked under her various alias names, but no arrests or incidents were located involving her. I contacted the listed agencies in regards to C. and H. Granger and I obtained the above listed information. During the background investigation, nothing was located to establish a basis for a negative recommendation. I checked the documents submitted by C. and ~. Granger. The documents appear to be in order. C. and ~. Granger are leasing the building, furnishings and property. If their was a default by C. and M. Granger the business would revert back to the Wells Group Woodburn Incorporated. I conducted a records scan for calls for service that the Reporting Officer: C.A. CUNNINGH~ #21286 Page 5 Woodburn Police Department responded to at the above location for the calendar year 1994 to date. I located a total of (18) eighteen incidents. The incidents are (3) three alarms, (2) two liquor license renewals, (1) one original liquor license background investigation, (2) two thefts, (2) two burglaries, (2) two,motor vehicle collisions, (2) vandalism, (I) one motor vehicle theft, (1) one lost property, (I) one verbal harassment and (I) one traffic crime. 96-003346 IOE Reporting Officer: C.A. CUNNINGHAI~ #21286 Page 6 1OF TO: FROM: SUB. CT: DATE: City Cotmcil through City Administrator Dean Morrison, P.E., Assistant City Engineer. Contract award for Mill Creek Pump Station Power and Control System Upgrades. July 2, 1996. ]~,ECOMMENDATION: That Woodbum City Council award the Contract to low bidder, Cherry City Electric, in the amoum of $230,000.00 for the construction of Mill Creek Power and Comrol System improvements. BACKGROUND: The Engineering Department properly advertised and received four legal bids for the above named project. The bids were publicly opined and ren~d at City Hall on Tuesday July 2, 1996 at 11:00 am. The bid results, including the Engineer's Estimate, are as follows: Cherry City Electric Linco Electric Tigard Electric Schneider Equipment $230,000.00 $230,900.00 $287,500.00 $297,670.00 Engineers Estimate $280,000.00 The lowest bid of $230,000.00 received from Cherry City Electric is reasonably under the Engineer's Estimate. I therefore recommend award of the Contract to Cherry City Electric. Approved funds to be used are as follows: 1. Equipment Replacement Fund 93-930-714.050 (Basic controller Replacement) ' $150,000.00 Systems development charge 75-750-722.011 (Preparation for capacity increase) $80,000.00 $230,000.00 File: c:~x~jectL~}055-38kx~unawrd, wpd lOG City of Woodburn Police Department 70 Montgomery ~t Ken Wright /~ 1 Chief of Polic~/ Woodburn, Oregon 97071 (503) 982-2345 Date: July 1, 1996 To: Mayor and Council C. Childs, City Administrator Subject: Application Block Grant - Bureau of Justice Assistance The city and police department bas been awarded a direct block grant award of $16,454 through the Bureau of Justice Assistance. This funding may be used for seven purpose areas which address a wide variety of activities from increasing personnel and equipment resources for law enforcement to developing and supporting programs to enhance effective criminal justice processes. Upon receiving notification of this grant, City Administrator Childs was able to include it in the fy 96-97 budget, refer to lune 20th Budget Memo. This grant provides for a matching 10%. This match is provided for in the police deparUnent budget fy 96-97. As stated in Mr. Childs memo of 1une 20th we have tentatively identified the use of the newer RIA grant for a one-time capital outlay purpose. Request: The City Council approval for the police department to apply for the Local Law Enforcement Block Grants Program. 1OH CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery S/~~ Woodburn, Oregon 97071 I '~/~ / Patrol Operatim Lieutenant 9822345 Ext.3$2 Date: June 27, 1996 To: Chris Childs, City AdminisWator Mayor and City Council ~ Ken Wright, Chief of Polic,~,~ Sound Amplification Permit - Northwest Treeplanters and Farmworkers United On June 20, 1996, the Woodbum Police Dqmmnent received a request for a sound amplification permit from Larry Kleinman, Northwest Treeplanters and Farmworkers United (PCUN). PCUN is planning a celebration of 'Immigration Worl~ Day', which will be held outdoors, at 300 Young Street, on Satmrday, July 13, 1996, from 5:00 p.m. to 9:00 p.m. In speaking with Mr. Kleinman, he advised the sound amplification permit will primarily be used dm'ing public address, but their would also be music. The speala~ will be arranged in such a fashion as to minimize noise level to the neighbors. PCUN has held this event in years past without incident or complaints from ne/ghboring businesses or residents. ~MMENDATION: The Woodburn City Council approve a sound amplification permit for the Immigration Worker Day event, sponsored by Northwest Treeplanters and Farmworkers United, on Saturday, July 13, 1996, from 5:00 p.m. to 9:00 p.m. 1OH Pineros y Campesinos Unidos del Noroe.ste Northwest Treeplanters and Farmworkers Untted June 20, 1996 Mr. Ken Wright, Police Chief Woodburn City Councilors 270 Montgomery Woodburn, Oregon 97071 REC'D JUN 2 0 1996 POLICE DEPT Dear Chief Wright and Council Members, Wc write to request City Council permission to use public sound amplification equipment for a special celebration of"Immigrant Worker Day" which we intend to hold outdoors at our headquarters from 5:00 PM to 9:00 PM on Saturday, July 13, 1996. As with outdoor ceremonies and celebrations held at our headquarters in previous years, we expect a crowd too large to fit in the meeting hall. Therefore, we again plan to cover part of thc front area of our headquarters building at 300 Young Street, and provide seating and public address sound in that area. As you arc aware, we have previously requested and received permission for similar activities, all of which were carried off without incident and with a minimum of inconvenience to our neighbors and the public. We are confident that this occasion will be no different. Please don't hesitate to contact me if you need any further information in order to act on our request. ely yours, Secretary-Treasurer TO: FROM: SUBJECT: DATE: Public Works Director Randy Scott, C.E. Tech III Street Projects, Status July 3, 1996 15A The following is the current status of street improvement projects, listed in no particular order: 1. Signal installation, i-5 north bound ramp. Preliminary plans being reviewed by Oregon Department of Transportation scheduled to be bid, end of July or August. 2. Alley resurfacing improvement, between Hayes and Lincoln. Engineering plans complete; water main replacement activities to start within next 45 days. Project cannot proceed any further until assessment and funding issues are resolved. 3. Corby Street resurfacing from Lincoln to Hardcastle. Construction 99% complete, only punch list work remains to be done. 4. Jansen Way resurfacing. Construction 99% complete, only punch list work remains to be done. 5. Oregon Way resurfacing from West Hayes to Highway 214. Engineering plans complete, bid opening July 15. Progress Way treadway repair from State Highway 214 to north end. Engineering plans complete. August/September of this year. 7. Treatway repair city wide. Treadway repair work to be constructed in Resurfacing work postponed for future year. Engineering plans 50% complete. Scheduled to be bid in fall of 1996. 8. Parr/Front/Settlemier intersection improvement. Preliminary design complete, final design work to start within one month. 9. Parr Road improvement widening from Settlemier to Centennial Park. Local improvement district has been initiated; engineering report to be prepared soon after completion of engineering design. RS:Ig STRPROJ. STA 15B TO: FROM: SUBJECT: MEMO City Council through the City Administrator Community Development Director Periodic Review DATE: July 1, 1996 This memo is to inform the council that the city is required by the Department of Land Conservation and Development to begin periodic review of the comprehensive plan. State law (ORS 197.628- 197.646) requires local comprehensive plans to be reviewed and updated every four to ten years. The purpose of periodic review is to ensure that local comprehensive plans and land use regulations are continuing to comply with the Statewide Planning Goals and that state laws and rules are applied through the comprehensive plan. The Woodburn Comprehensive Plan was acknowledged to meet the Statewide Planning Goals in 198t. The last periodic review was completed in t989. The periodic review includes several steps. First, local governments evaluate their comprehensive plans and land use regulations to determine what, if any, changes are needed. Second, develop a work program with scheduled work tasks to be followed in making the necessary changes. Third, carry out the work program. The evaluation will take approximately four (4) months and the work program will take approximately four (4) months. These two items will be accomplished during the t996 fiscal year. The specific work programs will be carried out during the t997/1998 fiscal year. 15C City of Woodburn rtment MEMORANDUM Ken Writ./ Chief of ~.~ Date: July 2, 1996 To: Mayor and Council C. Childs, City Administrator Subject: Salvadors Market - Compliance Plan At the June 24, 1996 meeting of the City Council a hearing was held for the license of Salvador's Bakery g3. As a result of staff's report and public input the Council provided a favorable recommendation to the OLCC for the transfer of license. A provision was also approved by the council that the applicant, Salvador Laxios, develop a compliance plan for operation of the Bakery and cooperation with the police department and city. This was hoped to be completed and presented at the July 8, 1996 meeting of the City Council. Because of schedule confficts with the police chief, applicant and applicants attorney we have not been able to develop the document. It is hoped that the compliance plan with be prepared for the July 22, 1996 Council meeting. 15D STAFF REPORT To: From:'~~ Mayor and City Council THRU: Chris Childs, City Administrator Nevin Holly, Director Recreation and Parks Subject: Passive Use Designation For Senior Estates Park Date: July 2, 1996 At the regularly scheduled Recreation and Park Board meeting on June 25, 1996 the Board considered a request by Senior Estates Executive Director, Dan Schrader to declare Senior Estates Park a "passive use park". The concerns expressed by Mr. Schrader on behalf of Senior Estates involve a possible shift in use patterns of this park. These concerns and further considerations are presented in more detail in the accompanying Staff Report presented to the Recreation and Parks Board. In that the usage pattern of Senior Estates Park is passive now, and in that the Recreation and Parks Department has no intention of shifting Senior Estates Park to a more active theme park, I have recommended to the Recreation and Parks Board to designate Senior Estates Park as a passive use park. The designation does not restdct passive activities which are the pdmary uses of the park at this time. The Recreation and Park Board voted unanimously to declare Senior Estates Park, Al Cowan Park and Railroad Park as passive use parks. The designations will not attempt to illustrate all activities which can be construed as passive, however we will restrict activities that disrupt the passive theme. The Park areas will use signage designated "Passive Use Park". Restricted activities identified and signed will be baseball, softball, soccer and football. If City Council has no problem with these designations the Department will proceed. Thank you for your attention to this matter. 15D STAFF REPORT TO: Woodburn Recreation and Parks Board FROM: Nevin Holly, Director Recreation and Parks SUBJECT: Passive Use Areas On Public Parks DATE: June 25,1996 Tonight we are discussing the concept of designating public park areas as passive use areas. Specifically, we have been requested by representatives of Senior Estates to designate Senior Estates Park as a passive use area. Passive use can include whatever activities we stipulate is allowable within the confines of Senior Estates Park, or for that matter any of our public parks. Citizens who visit our parks are allowed to participate in any activity as long as the activity does not violate public laws or the existing restrictions imposed by our local Parks Ordinance. While it is preferable to allow our citizens as much freedom in our City parks as is reasonably accommodating, it also may be preferable to designate specific use which will better suit the needs of each parks' user. This is particularly true in terms of neighborhood parks where the primary users of that park are the citizens of that neighborhood, and where the citizens of that neighborhood provide specific input into what they "the local users", desire. The designation of a park or community fadlity as a specific use area is common place on public properties. There are many State and local parks which throughout the country have specific designations and corresponding rules and regulations of what is allowable and what is not. The designations of a park as a passive use area for example, is quite a common designation in many public parks. Specific uses are also commonly made for specialty parks. Examples of these parks are public areas with a designated theme, for example; a skateboard park, a water park or a park which is designed for the physically challenged. Other recreational areas which public entity may operate which restrict or focus activities are ballfield complexes. Therefore, should we chose to designate Senior Estates Park as a passive area we would be setting no precedence. What constitutes passive use at Senior Estates Park is our focus. If we decide to designate Senior Estates Park as a passive use area we need to determine what is allowable activity on this site. Senior Estates Park even without our formally acting, is currently being utilized as a passive use area. The Park is visited almost entirely by residents of Senior Estates and their guests. Primary uses are walking, walking of dogs, horseshoe playing and picnicking. With the rapid growth, which as been realized within the past 5 years, the residents of Senior Estates are concerned that the nature of usage of this Park may change. While we cannot restdct access to any public park, we can institute polities and rules which restrict activities. Senior Estates Park can be identified as a passive use park by restricting the participation of active sports on the park area. 15D These restrictions would include: baseball, softball, football and soccer. These are probably reasonable restrictions on this park anyway because of the close proximity of homes to the park. I do believe that horseshoes and frisbees are passive enough activities that they should be allowable activities. The Recreation and Parks Board must decide whether this request to designate this park .as a passive use area best serves the citizens, and then designate what activities will be restricted. I do not believe we can be so inclusive as to determine every activity which we construe as passive, however, we can designate the park as a passive use area and restrict specific activities which we believe violate that intent. STAFF RECOMMENDATION The Woodburn Recreation and Parks Department has no intention of ever converting Senior Estates Park to any athletic theme park. I believe it best serves the residents of Senior Estates es it is currently being used. Therefore, to respond to the concerns of the citizens of Senior Estates, I recommend Senior Estates Park be defined as a passive use park. Passive use connotations, as I see them, refer to uses which reflect less physical or athletic activity such as picnics, walldng, sitting or playing horseshoes. The restrictions I recommend you impose with the passive use designation include activities which would bring loud and obtrusive behavior to the park. These restrictions include: football, baseball, soccer, volleyball and softball. I recommend that other logical areas be designated passive use areas at this time. These areas include;~ AI Cowan Park and Railroad Park. Your recommendations will be forwarded to City Council for concurrence and proper signage will be placed at designated sites.