city council - 07 jan 2020

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CITY COUNCIL AGENDA

CITY OF PENDLETON

January 7, 2020 at 7:00 PM

CITY HALL COUNCIL CHAMBERS

1. COMMUNITY DISCUSSION This is the time designated for any person to ask questions or make statements before the City Council on any matter regarding City Business that is not on the agenda. a. The Pledge of Allegiance.

2. CALL TO ORDER a. Introduction of Guests b. Administer the Oath of office Fire Chief Jim Critchley,

Captain Jeremy Keene; Lieutenant Jared Uselman c. Library Board Annual Report

3. CONSENT AGENDA a. Accept the minutes of the December 17, 2019, City Council meeting. b. Executive Session pursuant to ORS 192.660(2)(e) real property; and ORS

192.660(2)(h) litigation. c. Confirmation of Mayoral appointments to boards, commissions, and

committees.

4. PUBLIC HEARINGS AND RELATED ORDINANCES AND RESOLUTIONS a. Ordinance No. 3951 amending the Unified Development Code Zoning Map to

change property zoned C-2 Tourist Commercial to R-2 Medium Density Residential, Staff Report, second reading, and public hearing.

b. Ordinance No. 3950 amending the Cemetery Ordinance, Staff report, second reading, and public hearing.

5. BID AWARD a. Bid award purchase of portable pipeline closed-circuit television (CCTV)

system for $69,409, Staff Report and Recommendation.

6. NEW BUSINESS a. Ordinance 3952 amending Ordinance No. 3441, The Uniform Fire Code And

Standards Ordinance; Staff Report and first reading.

7. CITY MANAGER REPORT Information only a. Parks and Recreation Activity Report

8. ADJOURNMENT

- City Council Minutes- December 17, 2019

CITY COUNCIL MINUTES

CITY OF PENDLETON

December 17, 2019

A regular meeting of the City Council was held in the CITY HALL COUNCIL CHAMBERS at 7:00 PM, December 17, 2019, with Mayor Turner presiding.

PRESENT:

Becky Marks

McKennon McDonald

Jake Cambier

Dale Primmer

Scott Fairley

Carole Innes

Linda Neuman

ABSENT:

John Turner

Paul Chalmers

IN ATTENDANCE:

Corbett, Kerns, Denton, Doescher, Byram, Simmons, Hughes

1. COMMUNITY DISCUSSION This is the time designated for any person to ask questions or make statements before the City Council on

any matter regarding City Business that is not on the agenda.

a. Rex Morehouse, 217 NW 9th St, inquired how we are doing on the old fire station sale and whether it will be completed this year or go into next. Robb Corbett stated it will go into next year.

Mr. Morehouse inquired if we have found any place for the homeless as it was supposed to be done in December. Carole Innes stated recommendations were supposed to be made by the end of the year and there are multiple proposals.

Mr. Morehouse inquired if Pendleton Heights has made their payment. Robb Corbett advised he spoke with the owner who stated he would have payment to us by the end of the month.

2. CALL TO ORDER

a. The Pledge of Allegiance.

b. Mayor Turner and Paul Chalmers were absent and Becky Marks attended by telephone.

Council President McKennon McDonald called the meeting to order and noted a few changes on the agenda, the first being there will not be an executive session.

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In regard to the Public Hearings and Related Ordinances and Resolutions, Section A regarding Cemetery Ordinance No. 3950 is listed as a first reading, but should have been a second reading and public hearing. It will be moved to the January 7th meeting.

Section B is listed as the first reading, second reading and public hearing of Ordinance 3951, but it will be just the first reading tonight. The second reading and public hearing will take place on January 7th.

3. CONSENT AGENDA

a. Accept the minutes of the December 3, 2019 City Council meeting.

Moved by: Scott Fairley

Seconded by: Jake Cambier

CARRIED 6-0.

4. PUBLIC HEARINGS AND RELATED ORDINANCES AND RESOLUTIONS

a. First Reading, of Ordinance 3951, amending Ordinance 3845 the Unified Development Code, Staff report and recommendation.

Ordinance 3951was read by Robb Corbett, City Manager. "ORDINANCE NO. 3951, AN ORDINANCE AMENDING ORDINANCE 3845, THE UNIFIED DEVELOPMENT CODES ZONING MAP AND COMPREHENSIVE PLAN MAP, CHANGING THE ZONE FROM C-2, TOURIST COMMERCIAL, TO R-2, MEDIUM DENSITY RESIDENTIAL FOR THE ENTIRE OLD FOREST SERVICE SITE, SW HAILEY AVENUE."

5. NEW BUSINESS

a. Acceptance of Conveyance of Real Property Parcel From ODOT to City.

Nancy Kerns, City Attorney, presented the staff report requesting approval to accept the conveyance of real property from ODOT to the City.

About 10 years ago ODOT reconfigured the Westgate Highway in the area just east of the Railroad viaduct. The interest in this small parcel of real property, of approximately .19 acre adjacent to the highway, is owned by ODOT. In as much as the property lies within City Right-of-Way, ODOT feels it appropriate to covey ownership of it to City. ODOT maintains and will retain the north sidewalk.

The Public Works and City Engineer feel that it is in our interest to own the property which lies within our ROW.

Oregon law requires a local government to accept a conveyance of real property in order for a deed to be recorded.

The community benefit or impact is potential simplification for Public Works purposes.

Linda Neuman inquired if the City having official ownership of the property would incur any

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additional costs or will there be any financial impact to the City. Ms. Kerns stated not that she is aware of any costs as it is a paved parking area and she does not believe we do any extraordinary maintenance.

Moved by: Carole Innes

Seconded by: Scott Fairley

CARRIED 6-0.

6. CITY MANAGER REPORT

a. Robb Corbett stated we have been receiving feedback from FEMA on our permit to remove sediment and we are securing easements from the property owners in order to obtain access points to the creek. He has instructed Tim Simons to begin planning for work to save the City money and also the Water Control District and County as the cost will be split 1/3 each. To save money and since this is a low time of year, he asked to look into the City doing the work. The County has committed to helping provide equipment if available. There is a good partnership going on between the City, the Water Control District and the County to get this done. The County continues to hold meetings to discuss long term strategies to reduce the future potential for flooding. We've asked for feedback from the Bureau of Reclamation as an after event and ways we can improve the operation of the dam. We've also asked for FEMA to provide funds for the basin analysis which will allow us to look at the entire system and identify how we can to meet the needs of the irrigators, the fish, and the security of the people who live along the stream.

Jake Cambier inquired how long it will take to get the sediment removed. Tim Simons, City Engineer, stated from the engineer's estimate approximately four weeks, but speaking with Public Works today, they are hoping to be able to do it closer to 2-3 weeks. Mr. Cambier inquired if that will get us back to the historical stream capacity of 1200-1300 cfs, as now it is down to about 600-700 cfs. Mr. Simons stated we are at about 700-800 cfs now and the entire project was based on modeling that was done to try and bring that stream back to about a 1500 cfs capacity.

Dale Primmer asked if there has been any discussion about the exit capacity of the reservoir and how silted in it might be. Mr. Corbett stated no and he thought that might be part of the long conversation in the basin analysis as far as what's the capacity of the reservoir and how much is silted in. When we get the basin analysis, we can then identify things we can do and then go to the Federal Government.

7. OTHER BUSINESS

a. Scott Fairley stated meetings for the public maintenance for the north bank river planning process are in January and inquired if Liam Hughes, Parks & Recreation Director, knew what they planning are off the top of his head. Mr. Hughes stated he does not, but he could look it up.

8. ADJOURNMENT

Approved By: City Recorder

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C I T Y O F P E N D L E T O N

REQUEST FOR CITY COUNCIL ACTION

Date Submitted: Type of Action Requested: Subject:1/17/2020 ResolutionDate Action Requested: Ordinance01/08/2019 Formal Action/MotionAttachments: (list)

Other

Confirm Mayor’s appointments to boards, committees and commissions

TO: Mayor and City Council

SUBJECT: Board/Committee/Commission Appointments

The following is a list of boards, committees and commissions that have vacancies either by expiration of term or resignation of the member. Alongside the expiring member, you will see the name of the Mayor’s appointment to that position, and the term of office based upon the requirements of the originating ordinance.

Board/Committee/Commission Expiring Member Mayoral Appointment Term Ending

Airport Commission David Styer David Styer 2022 Joseph Mendel Joseph Mendel 2022 Becky Marks Becky Marks 2022

Arts Commission Roberta Lavador Roberta Lavador 2022 Charles Denight Charles Denight 2022

Linda Neuman Linda Neuman 2022Martha Campbell Martha Campbell 2022Johnny Blagg Johnny Blagg 2022John Thomas John Thomas 2022

Mireya Wolf Mireya Wolf 2022

Budget Committee Mike Short Mike Short 2022Tammie Parker Dennis Bailey 2022

Kricket Nicholson Kricket Nicholson 2022Vincent Papol Vincent Papol 2022

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Tim Guenther 2022 John Turner John Turner 2022 Becky Marks Becky Marks 2022Dale Primmer Dale Primmer 2022

Historic Preservation Commission Dave Krumbein Dave Krumbein 2022 Kate Dimon Kate Dimon 2022 John Thomas Dawn Alderman 2022 Richard Bertram Richard Bertram 2022

Housing Committee Paula Hall Paula Hall 2021 Caryn Appler Caryn Appler 2021

Judy Moore Judy Moore 2021 Loretta Hampton OPEN

Parks Commission Brett Bryan Philip Schmitz 2022 Dan DiFuria Wesley Murack 2022

Planning Commission Ryan DeGrofft Ryan DeGrofft 2023 Jason Terry OPEN

Solid Waste Advisory Board Karen Hill Karen Hill 2021 Richard Boyer Richard Boyer 2021 Jeff Holmes Jeff Holmes 2021 Paul Gadaire Paul Gadaire 2021 Dale Primmer Dale Primmer 2021

Tree Commission William Bill Aney William Bill Aney 2022Richard Gardner Richard Gardner 2022Donna LaVerdure Donna LaVerdure 2022David Powell David Powell 2022

EO = Ex Officio

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Date Submitted: Type of Action Requested: Subject:12/19/19 ResolutionDate Action Requested: Ordinance 1/7/19 Second Reading& Public Hearing

Formal Action/Motion

Attachments:(list) Ordinance 3951

Other

Amending Ordinance 3845, the UDC, changing the zone from C-2 Tourist Commercial to R-2 Medium Density Residential for the land occupied by the old Forest Service Building site.


FROM: George Cress, City Planner

RECOMMENDATION: The Planning Commission recommended approval of this zone change at their December 12, 2019 public hearing. Within that recommendation was the allowance for delaying submission of the Final Plat for two years in anticipation of the purchase of the land currently leased for the 33-unit apartment complex at the old Forest Service Building.

DISCUSSION: The old Forest Service site has remained vacant since it was abandoned in 2012. It is zoned Tourist Commercial. The applicant requests zone change approval from Tourist Commercial to Medium Density Residential to convert the building into an apartment complex. Medium Density Residential land abuts this property to the south, First Church of God. Uses possible with approval of the zone change to Medium Density Residential are: residential care facilities, lodging, social services, membership organizations, health services, schools, and neighborhood commercial endeavors. The zone change would increase the possible uses. Many of the Tourist Commercial uses are allowed in Medium Density, but residential uses are not permitted in Tourist Commercial. The zone change will offer more avenues for this site.

The site was originally developed with parking and access designed to conform to the slope. The building is set back from SW Hailey Avenue and has little visibility from SW Hailey or the Interstate.

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The Planning Commission recognized that the apartment complex will encompass three lots, two owned by the new owner and one leased – the westmost lot. When this building operated as the Forest Service Office, the Forest Service leased to own a portion of the lot to the west for additional access and parking. This proved insufficient, so they leased another portion of this lot to the west for additional access and parking to the upper level. The new owner has purchased the main lot and one of the west slivers previously leased. He is leasing the west-most sliver with the intent to purchase when the Homer Peterson estate is resolved through probate. Instead of making the new owner go through this process again for the west-most sliver, which is developed as access and parking for his building, the Commission felt it would be more expedient to include the west-most lot and delay submission of the Final Plat.

FISCAL IMPACT: Collection of development fees for renovation of structure.

COMMUNITY BENEFIT/IMPACT: Approval of the zone change offers the option of residential development at the old Forest Service Building site. Without the zone change, the only uses allowed at the site are Tourist Commercial: restaurants, hotels, service stations, information centers. The Tourist Commercial zone is the most restrictive in uses. This approval will provide an increase in tax revenues and development fees through the reuse of an abandoned building.

ALTERNATIVES: None.

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ORDINANCE NO. 3951

AN ORDINANCE AMENDING ORDINANCE 3845, THE UNIFIED DEVELOPMENT CODES ZONING MAP AND COMPREHENSIVE PLAN MAP, CHANGING THE ZONE FROM C-2, TOURIST COMMERCIAL, TO R-2, MEDIUM DENSITY RESIDENTIAL FOR THE ENTIRE OLD FOREST SERVICE SITE, SW HAILEY AVENUE.

WHEREAS, the City of Pendleton regulates development within the City and its Urban Growth Boundary (UGB); and

WHEREAS, the Unified Development Code constitutes the zoning ordinance and regulations for the area within the Urban Growth Boundary of the City of Pendleton; and

WHEREAS, these regulations provide the methods to perform a legislative action, zone change and text amendments; and

WHEREAS, these regulations are provided to assure equal and fair treatment of all individuals seeking to develop property within the Urban Growth Boundary; and

WHEREAS, these same regulations guide the future growth and development of the City, in accordance with the Comprehensive Plan; and

WHEREAS, these same regulations provide for the desirable, appropriately located living areas in a variety of dwelling types and at a suitable range of prices and population densities, with usable open space; and

WHEREAS, at the December 12, 2019 public hearing held before the Planning Commission, the Commission found the zone change request to be in the best interest of the community; and

WHEREAS, November 14, 2019, DLCD acknowledged receipt of the zone change notice sent November 7, 2019; and

WHEREAS, the subject property for the proposed zone change abuts Medium Density Residential, R-2, to the south; and

WHEREAS, notice was provided to the general public as set forth in Oregon Revised Statutes and the City of Pendleton Zoning Ordinance, and;

WHEREAS, a public hearing was held before the City of Pendleton City Council on _December 17 ________________, 2019, and all written and oral testimony concerning the matter was received and addressed at the hearing.

NOW, THEREFORE, THE CITY OF PENDLETON ESTABLISHES AND ORDAINS AS FOLLOWS:

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1. The subject property is the only area affected by this Ordinance; the boundaries of the subject property are set forth in the attached map as “Exhibit A” and legal description as “Exhibit B” attached hereto and included by this reference.

2. The City of Pendleton Comprehensive Plan Map (Ordinance #3442, as amended) and the City of Pendleton Zoning Ordinance Map (Ordinance #3845, as amended) are hereby amended as set forth in “Exhibit C” attached hereto and included by this reference.

Emergency Clause. This ordinance, being necessary for the redevelopment of an abandoned, derelict structure to convert into needed housing is hereby declared and this Ordinance shall be in full force and effective upon passage.

EFFECTIVE DATE: This Ordinance shall be effective upon passage by the City Council.

PASSED by the City Council and approved by the Mayor ____________________ _______, 2019.

Approved as to form APPROVED

Nancy Kerns, City Attorney John H. Turner, Mayor

ATTEST

Andrea Denton, City Recorder

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Ordinance No. 3951

EXHIBIT “A”

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Ordinance No. 3951

EXHIBIT “B”

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Ordinance No. 3951

EXHIBIT “B” CONTINUED

Tract IIICommencing at the southeast corner of Section 9, Township 2 North, Range 32 East of the Willamette Meridian, Umatilla County, Oregon; thence N 47o11’24” W a distance of 383 feet to the intersection of the westerly right-of-way line of US Highway No. 396 and the northerly right-of-way line of SW Hailey Avenue; thence, along said northerly right-of-way line of SW Hailey Avenue along the arc of a 328.10 foot radius circular curve to the right a distance of 70.97 feet (chord bears S 65o59’12” W, 70.83 feet); thence S 72o11’ W and continuing along the said northerly right-of-way of SW Hailey Avenue, a distance 179.03 feet to a point, said point bears N 70o38’35”W, 545.50 feet from the said southeast corner of Section 9; thence; thence continuing along the said northerly right-of-way of SW Hailey Avenue, S 72o11’ W, a distance of 30.28’ feet to the True Point of Beginning for this description; thence N 04o12’10” W, a distance of 466.17 feet to a point; thence N 86o34’25” W, 50.47 feet to a point, thence S 04o12’10” E, and running parallel to and 50.00 feet westerly of the west line of the above described Tract II, 484.79 feet to the said northerly right-of-way line of SW Hailey Avenue; thence easterly along the said northerly right-of-way line of SW Hailey Avenue, N 72o11’ E, 51.36 feet to the True Point of Beginning of this description. Excepting therefrom any portion lying within said right-of-way of SW Hailey Avenue.Contains and area of 0.55 Acres, more or less.

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Ordinance No. 3951

EXHIBIT “C”

J:\DATA\PLANNING\Amendments - Plan and Map\2019\AMD19-05.Pratt\CC Action\Ordinance 3951 - Rezone C-2_R-2.docx

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Date Submitted: Type of Action Requested: Subject:11/13/19 ResolutionDate Action Requested: Ordinance Formal Action/MotionAttachments:(list) Revised Ordinance 2777

Other

Staff recommendations for revision of Cemetery Ordinance. Second Reading and Public Hearing.


FROM: Liam Hughes, Park, Recreation and Cemetery Director.

RECOMMENDATION: Adopt Ordinance 2777 as revised.

DISCUSSION: Most changes are minor and update the ordinance to match current practices and the objectives set forth in the 2018 Cemetery Business Plan.

FISCAL IMPACT: Direct fiscal impact should be minimal, but the changes listed here are the next step in the process laid out in the Cemetery Business Plan, that should lead to increased revenue for the Cemetery.

COMMUNITY BENEFIT/IMPACT: The biggest benefit to these revisions is updating outdated language and policies and allowing us to move forward with the Cemetery Business Plan which seeks to reduce the amount of burden the cemetery has on the general fund while increasing funding for services and maintenance.

ALTERNATIVES: The alternative would be to leave outdated elements of the ordinance in place.

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ORDINANCE No. 3950

AN ORDINANCE AMENDING ORDINANCE NO. 2777 REGULATING THE USE OF OLNEY CEMETERY

WHEREAS, in 2018, the City Council adopted a Cemetery Business Plan; and

WHEREAS, the Cemetery Ordinance has not been updated for 13 years; and

WHEREAS, certain language in the Cemetery Ordinance requires updating to match current practices and the objectives laid out in the Cemetery Business Plan to seeks to reduce the amount of burden the cemetery has on the general fund while increasing funding for services and maintenance;

NOW THEREFORE, the City Council of the City of Pendleton ordains to amend sections of Ordinance No. 2777 as follows:

SECTION 2. Definitions. The definitions of terms used herein shall be those set forth in Oregon Revised Statutes 97.010, and the same statute as it is now constituted is incorporated herein by this reference, with the following exceptions:

(a) “Infant section,” “Babyland” or “cremains” grave is a plot of lesser size;(b) “Block” is a designated area within the cemetery, consisting of a quantity of lots;(c) “Cemetery” shall mean Olney Cemetery, Pendleton, Oregon;(d) “Cemetery Management” shall mean the City of Pendleton, Oregon, and its authorized agents;(e) “Cremains” shall mean the incinerated remains of a body;(f) “Disinterment” shall refer to the removal of a casket or other vessel from its resting place;(g) “Grave” is a plot of ground suitable for the interment of an adult body, casket and grave liner;(h) “Grave liner” shall mean a crush resistant container within which a casket or other vessel containing remains is

interred;(i) “Ledger” means a grave cover of granite or other similar material placed flush with the ground;(j) “Lot” shall refer to a quantity of graves, normally, but not always, 8 in number;(k) “Marker” means a memorial placed flush with the ground;(l) “Memorial” means any monument, marker, tablet, headstone, tombstone, crypt or niche nameplate;“Monument” means a memorial that extends above the surface of the ground;(m) “Plot may be used to refer to any single burial space including a crypt, niche, Babyland InfantInfant or Cremains

grave;(n) “Removal” shall refer to the removal of disinterred remains from Olney Cemetery.

SECTION 3. General Supervision of Cemetery.A. Management in Charge of Funerals. All funeral services, funeral processions and all other vehicles passing through

the cemetery grounds shall be under the direction of the cemetery management.B. Casket Not to be Opened Nor Body Touched Without Consent. Once the funeral service is completed and the

casket placed in interment or temporary receiving space, the management shall have the right to refuse anyone permission to open the casket.

C. Business Office. A general business office for the City is maintained at City Hall865 Tutuilla Rd. and is open from 78:00 a.m. to 45:00 p.m., daily except Saturdays, Sundays, and Holidays. Cemetery business may be transacted in this office and the Cemetery SuperintendentParks and Recreation Director may make arrangements to transact business at other locations.

D. Visiting Hours. Visitors may enter the cemetery from daylight until dark. Visitors may, upon request, be granted other hours by the Superintendent.

SECTION 4. Interment and Disinterment.

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A. Subject to Laws. In addition to the provisions set forth in this Ordinance, all interments, disinterments and removals are subject to the laws of the State of Oregon, the rules and regulations of the Oregon State Board of HealthMortuary and Cemetery Board, Laws and Ordinances of the City of Pendleton.

B. Application for Service. An authorization for the interment, disinterment or removal of a body must be obtained from the Cemetery SuperintendentParks and Recreation Director to permit such interment, disinterment or removal of the deceased. The burden of proof of the right to sign an application for such authorization shall lie with the person signing the application. Failure to produce reasonable evidence of plot ownership or the right to sign for a deceased plot owner will be sufficient reason to postpone or deny authorization.

C. Holidays. No interments, disinterments or removals will be permitted on Saturdays after 1:00 p.m., Sundays, holidays, or any other day that may be proclaimed by legally constituted authorities or ordered by the City Council. For Saturday funerals all attendees must arrive at the cemetery no later than 11am, and the service must be concluded by 1:00pm. Special hours will exist during the week of the Pendleton Roundup.

D. Time and Charges. All interments, disinterments and removals must be made at the time and in the manner and subject to the payments for such charges as fixed by the City of Pendleton. All charges must be paid in advance.

E. No Interment Permitted Unless Property Paid For. No interment shall be permitted, nor memorial placed in or on any property not fully paid for, except by special consent of the City Manager in writing and, in the event such consent is given, any and all interments or memorials placed in or on said property shall be considered as temporary, and a note shall not be considered as payment, and no rights shall be acquired by the plot purchaser of said interment or interments until such property is fully paid for in cash, including principal and interest; and, in case the purchaser shall fail to meet all payments within thirty days after demand is made by the City of Pendleton, then the cemetery management may hold the same as of its former state. The City of Pendleton, thereupon, shall be released from all obligations thereunder, and may retain all payments, which have been made toward the purchase of such property as liquidated damages. The cemetery management shall have the right at any time thereafter, without notice, at its discretion, to remove to single graves, to be chosen by the cemetery management, each of the remains then interred in said property.

F. Notice. The cemetery management shall have the right to require twelve working hours3 working days notice prior to any interments and five working days notice prior to any disinterment or removal. Any interment, disinterment or removal may be postponed if, at the discretion of the Superintendent, such postponement is warranted.

G. Authority to Inter. The signing of an application for service will in some cases be sufficient authority to inter and this requirement may be waived for the interment of a deceased plot owner or spouse; however, the cemetery management may require legal proof of ownership, the right to sign for the owner, or other good and sufficient proof of authority. No change or alteration will be permitted where the plot owner has previously filed written instructions with the cemetery, except by the due process of law.

H. Grave liner. Every casket must be enclosed in a crush resistant outer case or box constructed of concrete, metal, or of a substance determined by the Cemetery Director to be of sufficient strength. All grave liners will be purchased and placed by Olney Cemetery, or through a contractor approved by the Cemetery. Fees will be charged based on current fee schedule. which, at the discretion of the Superintendent, is of sufficient strength. (Keep of sufficient strength with first sentence?)

I. Interment of Incinerated Remains (cremains). Cremains must be interred in a concrete, copper, plastic or bronze container designed for permanent direct burial. Temporary or unsecure containers must be placed in a liner. Cremains left in care of the cemetery prior to interment will be stored at the risk of the person depositing the same and no liability or responsibility for the safekeeping will be accepted by the cemetery. All interments of cremains must be made by employees of the cemetery and any infraction, such as scattering ashes in an area not designated for scattered remains, may result in immediate removal and disposition made in any appropriate manner by the management. The cemetery will not be responsible for the preservation of any urn.

J. Location of Interment Space. When instructions from the plot owner regarding the location of an interment space in a plot cannot be obtained or are indefinite or when for any reason the interment space cannot be opened where specified, the cemetery management may, at its discretion, open a space in such location as it deems best and proper, so as not to delay the funeral. The City, or its employees, shall not be liable for damages for any error so made.

K. Orders Given by Telephone. The City, or its employees, will not be responsible for any order given by telephone, or for any mistake occurring from the want of precise instructions as to the particular space, size and location in plot where interment is desired. Telephone orders from a funeral director or any other person representing the plot owner will be the sole responsibility of the person telephoning the order.

L. Errors May be Corrected. The City of Pendleton reserves, and shall have the right to correct any errors that may be made in making interments, disinterments or removals or in the description, transfer or conveyance of any interment right or property either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the cemetery management, or in the discretion of the cemetery management, with the consent of the City Council (every transaction no longer goes before Council), by refunding the amount of money paid on account of such purchase. In the event the error shall involve the interment of the remains of

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(3)

any person in such property, the cemetery management shall have the right to remove, and reinter the remains on such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. Errors in interment, arising from an improper person or persons signing an application for service, shall be corrected at the discretion of the cemetery management at the expense of the person or persons signing the application, and, where a deed, license, certificate or other instrument of conveyance, not issued by the City of Pendleton or its duly authorized manager, has not been registered on the books of the cemetery, all the responsibility of determining ownership or correcting errors either prior to or after interment will lie with the person or persons claiming ownership or protesting an error.

M. Delays in Interments. The City of Pendleton will in no way be liable for the delay in the interment of a body where a protest, written or verbal, to the interment has been made, or where the rules and regulations have not been complied with, or where previously filed written instructions of the plot owner conflict; and, further, the cemetery management shall have the right to make other temporary disposal or storage of the body, under such circumstances, until full rights have been determined. The cemetery management may require any protest to be in writing and filed in the office of the City Manager at City Hall.

N. Not Responsible For Identity. The cemetery management shall not be held responsible for establishing the correct identity of any body sought to be interred or for the identity of any body interred prior to control of the cemetery by the City of Pendleton. The signing of an application giving the statistics relative to an interment to be made shall constitute all authority necessary to make the interment and enter in the records of the cemetery all information contained therein the spelling of any names of persons or places as they appear. The cemetery management shall have the right to make corrections where, in its discretion the interest of the cemetery will be served.

O. Interment of More Than One Body. Not more than one body shall be interred in one casket, except in the case of the concurrent death of a parent and child (ren).

1. Incinerated Remains (cremains). The cremains of not more than one body shall be interred an any single grave, cremains grave, infant grave, crypt, single niche or cremains vessel, except as permitted in SECTION 4, 0.2.

2. 1 + 1 Interment Option. Upon payment of a fee, the interment of one body and one three cremains, or two four cremains, may be interred in a single grave or crypt.

P. Burial of Fetuses and Amputations. Funeral Directors are each permitted to purchase a perpetual care grave for use in the burial of fetuses under five (5) months of age and amputations. Fetus burials may be made within cardboard or wooden boxes not to exceed 8 inches by 12 inches in size. All burials must be under supervision of the Cemetery Superintendent and all provisions of State Statutes and local ordinances and regulations must be complied with. The City Council, or its designee, shall establish the interment fee for such burials. Multiple burials in a single grave space are permitted for fetuses and amputations.

O. Interment. Interment is subject to the following requirements and prohibitions:(1) Interment is limited exclusively to human remains. The Tree Haven Pet Cemetery section of the cemetery is

limited to pets of a size which is limited at the discretion of the Parks and Recreation Department Director.(2) The number of remains of humans interred in a single grave, crypt, niche or cremains vessel is limited to:

a. One body per casket, except in the case of the concurrent death of a parent and infant child(ren)b. Subject to the proscribed fee, cremated remains may be interred in a single full-body grave as followsi. Not more than three separate cremains with one body, or

ii. Not more than four separate cremains. (3) The number of remains in a crypt, niche, or cremains grave will be

limited to one, unless clearly designated otherwise, and must be of the appropriate type for its designation. (ex. A Double glass cremains niche may hold two sets of cremated remains, but not a full-body)

Q. Cemetery for Interment of Human Remains Only. The cemetery is reserved for the interment of human remains, no dog, cat or other animal or pet shall be interred therein, except that the City Council may, in its discretion, lay out, plat or otherwise set aside a special pet sectionwithin the Tree Haven Pet Cemetery section. However, nothing stated in this section shall compel the City of Pendleton to lay out, plat or set aside any special section for the interment of animals or pets.

R. Interment in Church or Lodge Plot. Where a plot is owned by a church, lodge, patriotic or historical or other society, interments shall be limited to the actual members of that organization, their spouses and immediate members of their families.

S. Cemetery Equipment. Equipment used in performing memorial, interment, and disinterment services must be approved by the Cemetery management and meet reasonable City standards.

T. Disinterments and Removals. Disinterments and removals may be made with the written consent of the plot owner and the cemetery management, or the surviving spouse, or the surviving parents of a child or unmarried person, or other persons having the legal right to order disinterment, providing there is full compliance with all the requirements of the laws of the State of Oregon, the City of Pendleton, and the cemetery ordinance. Failure to comply with any of the conditions

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stated herein is cause for the cemetery management to postpone or deny such disinterment and removal. Disinterments shall be at the expense of the requesting, authorized party.

U. Removal For Profit Prohibited. Removal, by the heirs or any other person having the right to order removal of a body or the cremated remains of a body, so that the plot, space, vault, crypt or niche may be sold for profit, or removal contrary to the written instructions, expressed or implied, of the original plot owner, is prohibited.

V. Disinterring to a new location. A body, or cremains, may be disinterred from its original location to a different location in the cemetery, when there has been an exchange or purchase for that purpose. The time and method of such disinterment and reinterment shall be at the discretion of cemetery management. All disinterments, re-interments and removals shall be at the expense of the requesting, authorized party.

W. Care in Disinterment and Removal. The cemetery management shall exercise due care in making all disinterments, re-interments and removals and does not assume any responsibility or liability for damage to any casket, burial case, box, vault, urn or any other burial container.

X. Interment Refused. The City of Pendleton reserves the right to refuse interment to any deceased person where in the discretion of the City, the interest of the cemetery would be harmed.

Y. Change in Address. It shall be the duty of the plot owner to notify the City RecorderCemetery Office of any change of post office address. Any notice sent to a plot owner at the last address on file at the City Recorder’sCemetery Office shall be considered sufficient and proper legal notification.

SECTION 6. Plot (Burial Space) Ownership Rights.A. Property Rights of Plot Owners. All plots conveyed are subject to Lot Ownership and Interment rights as provided

in Sections 97.510 to 97.650 of Oregon Revised Statutes, as they are now constituted.B. Transfers and Assignments. No transfer or assignment of any plot, or interest therein, shall be valid without the

endorsement of the City Council or their duly appointed agent for recording on the books of the cemetery.C. Indebtedness. The cemetery management may refuse to consent to a transfer or to an assignment if there is any

indebtedness due from the record plot owner.D. Consent Withheld. Consent to the transfer or assignment of a plot may be withheld whenever the cemetery

management shall have reason to doubt the validity of any previous ownership, or where such transfer or assignment appears contrary to the expressed or implied wish of the record plot owner.

E. Transfer Charges. The City Council shall establish by Resolution a transfer fee which shall be paid to the City Recorder cemetery office for each transfer of ownership in plots. No transfer of ownership shall be complete or effective until all charges are paid.

F. Responsibility for Transferred Plots. The City of Pendleton shall not be responsible for the validity of any transfer or assignment of any plot even when properly endorsed and all charges paid, except such plots as have been or may be sold by the cemetery management during such time as the City of Pendleton has been in control and operating the cemetery.

G. Responsibility for Identification of Plot Owner. The City of Pendleton shall not be responsible for establishing the correct identity of any person claiming to be the plot owner, spouse or direct heir of a deceased plot owner and any action arising from the false claim of ownership shall lie with the person claiming.

H. May Not Subdivide Plots. The subdivision of plots shall not be allowed and no one shall be interred in a plot not having any interest therein, except by written consent of all parties interested in such plot and of the cemetery management; provided, however, a relative of any record plot owner may be interred in said plot as provided in these rules or in the laws of the State of Oregon.

I. Interment Right Only Conveyed. The purchase of a plot shall convey to the plot owner the right of interment only as provided in the deed to such plot.

J. Easement Retained. The City shall retain an easement over all plots for the performance of its duties, including the moving of trucks, mowers, trailers, tractors, and any other equipment incident to the maintenance of the cemetery over or on plots.

K. Time Payments. Time payment may be extended on one or more grave spaces at the discretion of the Cemetery Manager; however, interments in unpaid graves or plots will be permitted only in cases where the entire unpaid balance is guaranteed by a funeral firm or where the estate of the deceased is sufficient to guarantee payment in full.

L. Special Prices Not Granted. Special prices, rebates or discounts will not be granted to any person or firm, except as provided under Section 5.

SECTION 7. Planting, and Seeding and Maintenance in Cemetery.A. Control of Work by Cemetery Management. In addition to the functions described in Section 10, aAll grading,

landscape work and improvements of any kind, and all care of plots, shall be done, and all trees and shrubs and herbage of

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any kind shall be planted, trimmed, cut or removed, and all openings and closings of plots, and all interments, disinterments and removals shall be made only by the cemetery management under authority of the City Manager.

B. No Planting. No planting of trees, shrubs, flowers or other herbage will be permitted, except plantings made by the cemetery management. Trees or shrubbery may be donated to the cemetery for adornment and enhancement and will be placed as near to the plot of the donor as may be practical at the discretion of the cemetery management.

C. Cemetery Vases, and Receptacles, Ornaments and Decorations. No vases, glasses, bottles, jars, pans or other receptacles for flowers shall be placed upon any portion of the cemetery, exceptsave, that the metal containers for flowers of such type as may be approved by the cemetery management may be used at Decoration DayMemorial Day, and at such other times as the cemetery management may permit. In all portions of the cemetery, metal vases or flower containers must be placed put flush with the turf and not permitted to be set in cementset in the sides of the foundation of the stone and not in any area that could interfere with mowing operations. Movable metal markers of lodges, fraternal and veteran organizations may be placed in the cemetery during the week of Decoration Day Memorial Dday but must be removed thereafter. The placing of bBoxes, shells, toys, metal designs, ornaments, chairs, settees, benches, vases, glass, wood, decorative rocks or metal cases and similar articles upon any location in the cemetery due to intereferenceinterreference with cemetery maintenance. plots shall not be permitted, and, if so placed, Such items may be removed at the discretion of the cemetery management without notice. No decorative rocks may be placed on graves since this poses a mowing hazard.

D. Spading, Fertilizing and Seeding. The digging of holes for any purpose whatsoever, the spading, seeding, raking or other care of a plot is strictly forbidden; however, permission may be granted to a plot owner or any person the plot owner may designate to spade, seed, rake or clean a plot under the direction of the employees of the cemetery.

E. Cut Flowers, Potted Plants and Artificial Flowers. Cut flowers may be placed in approved containers or laid on graves but sticking of stems in ground will result in immediate removal without notice. Potted plants may be placed on graves but must not exceed two per grave and will be removed before sod is damaged. Artificial flowers may not be placed on graves or elsewhere in the cemetery during the period from April 1 to October 31 of each year; provided, that they will be permitted on Memorial Day only. All flowers and potted plants will be removed whenever in the discretion of the cemetery management they become unsightly.

F. Not Responsible for Loss or Damage. The City of Pendleton shall not be responsible or liable for a loss or damage to any flower container, flowers, shrubs, plants or other herbage or any such items placed by the plot owner or by the cemetery management on the owner’s behalf.

G. Removal of Floral Frames. All floral frames will be removed from the plot site, unless called for within five (5) days by those lawfully entitled to them, and may be disposed of by the cemetery management in any manner they see fit. No liability or responsibility is incurred for the safekeeping of floral frames at any time by the cemetery management.

H. Certain Ornaments Prohibited. The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, benches, vases, glass, wood or metal cases and similar articles upon plots shall not be permitted, and, if so placed, may be removed at the discretion of the cemetery management without notice. No decorative rocks may be placed on graves since this poses a mowing hazard.

I. Fences and Enclosures. Fences and enclosures around graves or lots are prohibited.

SECTION 9. Conduct of Persons Within the Cemetery.A. Must Use Walks. Persons within the cemetery grounds shall use only the avenues, walks, alleys and roads, and any

person injured or inconvenienced while walking on the grass, except that it be on a walk or alley and the only way to reach his plot or on any portion of the cemetery other than the avenues, walks, alleys or roads, shall not hold the City of Pendleton or its employees liable for any injuries or inconvenience sustained.

B. Trespassers on Cemetery Plots. Only the plot owner and his relatives shall be permitted on the cemetery plot. Any other person thereon shall be considered a trespasser, and the City shall owe no duty to said trespasser to keep the property, or the memorial thereon, in a reasonably safe condition.

C. Mutilation of Flowers and Trees. Any person who shall willfully destroy, mutilate, deface, injure or remove any marker, ornament, structure or other work in the cemetery, or shall willfully destroy, cut or break, or injure any tree, shrub, or plant within the limits of the cemetery shall be deemed guilty of a misdemeanor and may be punished as provided in the laws of the State of Oregon as may be changed from time to time by the legislature.

D. Children. Children under sixteen (16) years of age shall not be permitted within the cemetery, or its buildings, unless accompanied by a parent, guardian or other responsible adult.

E. Birds and Animals. All persons are prohibited from disturbing the birds, squirrels or other animals deemed beneficial by the cemetery management.

F. Refreshments. No person shall be permitted to have refreshments within the cemetery, except as authorized by the cemetery management.

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G. Loitering Prohibited. Persons other than plot owners, or relatives of plot owners when visiting graves, shall not be permitted to loiter in the cemetery or any of its buildings.

H. Rubbish. The dumping of dirt, garbage, or scattering of papers, trash, or other refuse is strictly forbidden and any infraction thereof will be prosecuted according to law. Dead or wilted flowers, papers and containers from graves are to be properly disposed.

I. Loud Talking. Boisterous or unseemly conduct shall not be permitted in the cemetery or any of its buildings.J. Vandalism. $25.00 reward will be paid by the City of Pendleton for information leading to the arrest and conviction

of any person or persons committing acts of vandalism within the cemetery grounds or buildings.K. Automobiles. Automobiles or other vehicles shall not be driven at a speed greater than fifteen miles per hour, and

must always be kept on the right hand side of the cemetery roadway. Automobiles or other vehicles shall not park or come to a full stop in front of an open grave unless such automobile or other vehicle are in attendance at a funeral, except, that this shall not apply to employees of the cemetery in discharge of their duties.

L. Bicycles and Motorcycles. No bicycles, motorcycles or similar vehicles shall be admitted to the cemetery except such as may be in attendance at funerals or on business.

M. Vehicles Controlled by Cemetery. All vehicles entering the cemetery shall be subject to the direction of the cemetery management.

N. Parking Vehicles. No vehicle shall park or be driven over or on any lawn except where specifically authorized by the cemetery management. Overnight parking of any vehicles shall be permitted only with permission of the cemetery management.

O. Peddling and Soliciting. Peddling of flowers, plants or shrubs, or soliciting the sale of any commodity, is prohibited at any time within the cemetery except by special permission of the cemetery management.

P. Weapons. No bows and arrows, air rifles, sling shots or similar objects will be permitted in the cemetery except on special permit from the cemetery management or by duly constituted authorities.

Q. Notices and Advertisements. No signs, notices or advertisements of any kind shall be permitted within the cemetery except those placed at the direction of the cemetery management.

R. Horseback Riding. Horseback riding in the cemetery is prohibited except for ceremonial purposes as part of a funeral.

S. Pets. Except for service animals, pets shall not be allowed within the cemetery grounds unless confined within a vehicle.

T. Superintendent Parks and Recreation Director to Enforce Rules. The Cemetery SuperintendentParks and Recreation Director and such other employees as they may be designated by the City Manager are hereby empowered to enforce all rules and regulations, and to exclude from the cemetery any person or persons violating the same. Under authority of the City Manager, the Superintendent Parks and Recreation Director and his assistants shall have charge of the grounds and buildings, and shall have supervision and control of all persons in the cemetery, including funerals, traffic, employees, plot owners and visitors.

SECTION 11. Memorial Regulations.A. Memorial Placed Flush. All new memorials or grave markers must be of the flush lawn type placed level with the

ground. No raised or above ground monuments will be permitted in the cemetery except:(1) Blocks 29 and 30 of the new area of the cemetery where markers with a 3-inch rise are permitted.(2) Blocks 13 13, the western part of 19, 22, 23, 24, 28, 32, 33, 34, 35 and 36: flush markers only. Raised

monuments or flush markers are permitted in all other blocks not listed. B. Size and Dimensions. No memorials, except as provided in this section, may be placed upon any lot or grave, but

upon each grave there may be placed a bronze marker of a size and design approved by the cemetery management, and in no event to be larger than 18 X 24 inches, the same to be set in concrete and fastened by anchors. The concrete foundation in which the marker is set must be at least 6 inches in thickness, and a concrete apron at least 6 inches wide must extend around the marker, with the concrete flush and level with the surface of the ground. Or, if desired, granite markers of a size not greater than 18 X 24 inches may be set in concrete with the 6 inch concrete apron extending entirely around the marker. The concrete is to be flush with the surface of the ground and the granite marker to be flush with the concrete apron, both to be even with the surface of the ground. Markers intended to embrace more than two graves will not be permitted.

B. (Reserved)C. (Reserved)D. Design. All designs and emblems are subject to the approval of the cemetery management. E. Lettering. All lettering shall be carefully spaced and accurately set in line both vertically and horizontally and must

be of uniform height and width. Names, dates, emblems and inscriptions must be arranged so as to result in an artistic and neat appearing plate. All cut and sand blast lettering shall be of sufficient depth to insure permanence. Raised letters shall

Commented [NK1]: I would delete this.

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not be more than one quarter inch above the surface of the memorial. Raised letters shall not be used on beveled, rounded edge or slope flanged markers except where the raised letters and beveled, rounded edge or sloped flange will not be more than one quarter inch separated from the surface of the raised letters.

F. Materials and Quality. Only mMemorials must be constructed of granite, bronze and marble will be permitted and all granite and marble must be of quarried stone of a standard approved by the Parks and Recreation Director. Bronze must be of good quality virgin materials of approximately 88% copper, 3% tin, 2% lead and 7% zinc and should be properly mixed at proper temperature??. Allowance will be made for some variation. No manufactured stone, glass or similar material, or plastics will be permitted for memorials. All granite must be first grade clear stone free from sap or anything that will cause rust stains and it must not crack or check. All memorial dealers must agree, before delivering memorials, to replace at any time within five years, any memorial developing any faults without cost to the plot owner or the cemetery management. Marble memorials must be of good quality and be guaranteed by the dealer for the same period.

G. Thickness. No marker shall be less than three inches, nor more than twelve inches, in thickness. H. Permission Required for All Work. No independent letter cutter, person or firm shall perform any work at any time

until permission is obtained from the cemetery management. All persons obtaining permission to perform any work shall be considered as having agreed to pay the cemetery management for any damage done to any lot or lots, walks, drives, trees, shrubs, or other property.

J. No Work During Funeral Service. Any person that may have been granted permission to perform any work in the cemetery shall cease all such work and activity during any funeral service.

K. Blue Prints or Sketches. Memorial dealers may be required to furnish plans, blue prints or sketches of the proposed memorial specifying type and quality of material, dimensions and the inscription when making application for installation except as provided elsewhere in this Ordinance.

L. Foundation Placed by Memorial Dealers. All foundation work shall be done by the memorial dealer. Any work installed without the permission of the cemetery management may be removed immediately without notice. Bases for markers must be dressed sufficiently to allow them to set firmly on the foundation. No wedging with spalls or concrete will be permitted and the foundation must be flush with the sod and must extend at least 6 inches in width around all sides of the monument or marker.

M. Protective Borders. All markers and monuments shall be placed in or on a foundation of concrete with a six inch protective border around the entire perimeter of the memorial.

N. Raised Memorials Replaced Under Certain Conditions. Permission may be granted to replace raised memorials set prior to regulation by the City of Pendleton providing the proposed new memorial is of the approximate size of the memorial to be replaced and meets the other requirements herein contained, by submitting plans or sketches of the proposed memorial to the cemetery management for approval or rejection.

O. Group Memorials. Application may be made for permission to place a marker or raised memorial within the cemetery by patriotic or historical societies, veterans and fraternal organizations and churches or lodges when such a group has a minimum of 80 contiguous grave spaces within the area to be memorialized which can be appropriately distinguished from the balance of the cemetery. The application to be filed shall include a plot plan of the area to be memorialized including the manner in which the area will be distinguished from the balance of the cemetery including plans or sketches of the monument or memorial proposed to be placed. The application shall set forth the reasons why it is desired to memorialize the area and shall be filed with the cemetery management who shall have thirty days in which to forward the plans with recommendation to the City Council for approval, modification or rejection. The determination of the City Council shall be final.

P. Memorials to be Delivered to Cemetery Office. All memorials must be delivered to the cemetery office or such other place within the cemetery grounds as the management may designate.

Q. Placement. All memorials shall be placed as nearly in accordance with the wishes of the plot owner as is practical but all placements must be subject to the overall plan of the section or block in which placement is made. If conflicts arise, the final location shall be at the discretion of cemetery management.

R. Cemetery Not Responsible for Repairs. The City of Pendleton shall not be responsible for the repair, alteration, realignment or upkeep of any memorial after original placement is made. This work may be done at the option of the cemetery management to prevent an unsightly or nuisance condition and under certain circumstances a reasonable charge may be made for this work.

S. Memorial Reset. Raised or above ground memorials may be reset to flush memorials at the request of the plot owner with or without charge at the discretion of the cemetery management, depending upon costs involved.

T. Errors in Placing Memorials. The cemetery management reserves the right to correct any error that may be made by any of the cemetery employees or by any other person or persons in the placing of any memorial in the cemetery.

U. Not Responsible for Loss or Damage. The City of Pendleton shall not be responsible for the loss, theft or damage of any memorial, or other personal effects left on or near burial spaces.

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V. Rules and Regulations Enforced. Any person, persons or firm who may fail or refuse to comply with the rules and regulations shall be excluded from the cemetery.

W. Miscellaneous. Should any memorial or mausoleum become unsightly, dilapidated or a menace to visitors or employees or both, the cemetery management shall have the right to correct the condition, repair or remove the same at the expense of the plot owner.

X. Sundays. No monument work will be permitted on Sundays or holidays.OnlyOlney Cemetery does not conduct any work on Sundays. Contractors hired by Olney Cemetery may operate with express permission from Cemetery management.

Y. Protection. Individuals and contractors working within the cemetery must take adequate steps to protect private property, trees and turf, and report any damage committed or observed to cemetery management.

Z. Advertising. Other than on company vehicles, monument firms and others are prohibited from advertising within the cemetery.

SECTION 13. Graves Shall Be Marked. Whenever the body of any person is interred in Olney Cemetery, the Funeral Practitioner shall place a temporary marker at the head of the grave which identifies the grave location, the decedent’s name, age, and the date of the interment. Temporary markers placed by Olney Cemetery will be charged according to the current fee schedule.

SECTION 14. Perpetual Care Funds.A. Designation of Fund. Funds paid upon the purchase of lots for perpetual care shall be held in trust as a fund

designated “The Cemetery Perpetual Care Trust Fund” and maintained in compliance with all applicable Oregon laws and requirements of the Oregon Mortuary and Cemetery Board.(update to reflect current practice of utilizing investment firm for management of fund???”

B. Use of Fund. The City of Pendleton hereby obligates and binds itself to safely keep the money paid into said fund, to invest the same so as to bring in the largest amount of income that can safely be realized therefrom, and to use the income, so realized in caring for, maintaining and beautifying the said lots and graves thereon in the manner hereinafter specified.

C. Obligation of City Under Fund. The obligations to be assumed by the City of Pendleton, under the provisions of this Ordinance, and in consideration of the payment to it of the income derived from said Cemetery Perpetual Care Trust Fund, is to expend said income of such fund in the care, maintenance and beautification of the lots in care of said fund as far as the income from said fund shall justify or permit, and in the following manner and no other: in the irrigation of the lots; in keeping the graves thereon green and properly mowed, and reseeded to grass, when necessary; in trimming and pruning the flowers and shrubbery; in filling in and keeping to the general level such graves as may cave or sink in; provided that the City of Pendleton shall not be held, out of the revenues derived from such fund or otherwise, to dig any graves, erect any headstones, footstones or monuments, to repair any fences or other enclosures, place or renew any flowers or shrubbery, which may die or become killed through no fault of the City of Pendleton, or its agents, nor to repair any headstone or monument erected on such lot.

PASSED by the City Council and approved by the Mayor _________________, 2019.

APPROVED: John H. TurnerMayor

ATTEST: Approved as to form: Andrea F. Denton City Recorder

Nancy Kerns City Attorney

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Date Submitted: Type of Action Requested: Subject:12/30/2019 ResolutionDate Action Requested: Ordinance 01/07/2020 Formal Action/MotionAttachments:(list) - Bid Document

Other

Purchase of Portable Pipeline Closed Circuit Television (CCTV) System from EnviroClean Equipment


FROM: Jeff Brown, Public Works SuperintendentBob Patterson, Public Works Director Robb Corbett, City Manager

RECOMMENDATION: Council approve issuance of a Purchase Order and execution by City Manager in the amount of $69,409.00 to EnviroClean Equipment for the purchase of an Aries CCTV system for use in the Sanitary Sewer and Storm Drain systems.

DISCUSSION: Public Works Department currently operates an Aries CCTV system to inspect our pipelines. This system was purchased partially in the late 1990’s with some upgrades in 2004. This system has served us well over the years but is outdated and becoming unreliable.

We are currently utilizing a loaner camera, as ours is not operable. Over summer 2019, we had 3 major camera systems in town for demonstrations. Our crews operated these systems in the field and evaluated what we needed in a system. After compiling the list, specifications were written and bids solicited. Bids were open on Thursday, December 19, 2019. Two bids were received and evaluated. Bid request included an optional equipment consideration and a trade-in consideration for the existing Aries CCTV equipment.

Bid Summary:EnviroClean: Western Systems:

Base Bid: $66,430 $65,395Optional Equipment: $ 4,979 $15,155Trade-In: ($ 2,000) ($ 5,500)Total: $69,409 $75,050

Public Works desires purchase of the optional equipment related to data system software, which allows full editing and modifying capabilities for all video and data handling involved in pipeline inspection work. Basically, the upgrade in software makes recording asset information and coordination with our geographical information system (GIS) a better option over the standard software. For this reason, the EnviroClean bid is the department’s recommendation. Without exercising the optional equipment consideration, Western Systems would be the low responsive bid.

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FISCAL IMPACT: This item is budgeted and funds are available from the Sewer Fund.

COMMUNITY BENEFIT/IMPACT: With the new CCTV system, crews will be better able to record and store information about our underground pipelines. Our current system consists of paper reports and VHS tapes to record the information. The new system will be digital video. Also reports can be attached to the asset on our Cartegraph maps and included in our asset database.

This means we will be able to access the online map click on a section of sewer line and the report and video will be there to view at any time. Overall the ease of use and the new technology should make it easier for the crew to complete more lines done in a day as well as preserve the information into the future. It will also make this information more readily available for future development considerations and meetings with potential developers. ALTERNATIVES: Approve base bid with optional equipment and trade-in at $69,409 (EnvironClean); base bid without optional equipment and trade-in at $59,895 (Western States); or take no action.

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Date Submitted: Type of Action Requested: Subject:1-2-20 ResolutionDate Action Requested: OrdinanceFirst Reading 1-7-20Public Hearing 1-21-20

Formal Action/Motion

Attachments:(list) Ordinance 3952

Other

Ordinance 3952 Amends Ordinance 3441, which Adopts the Oregon Fire Code


FROM: Nancy Kerns, City Attorney and Jim Critchley

RECOMMENDATION: After first reading and public hearing adopt the Ordinance.

DISCUSSION: The City adopts a number of state and international codes as our standards for regulation and enforcement of various fields. This includes the Oregon Fire Code (which adopts the International Fire Code). These types of codes are updated periodically, the update then must be adopted by the City.

This Ordinance amends our ordinance which adopts the fire code by simply updating the recently released version of the State Fire Code (2019). I also added a reference for where this code may be viewed online.

FISCAL IMPACT: None

COMMUNITY BENEFIT/IMPACT: None

ALTERNATIVES: Don’t enact.

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ORDINANCE No. 3952

AN ORDINANCE AMENDING ORDINANCE NO. 3441, THE ADOPTION OF THE UNIFORM FIRE CODE AND STANDARDS ORDINANCE

Whereas, there is a need for updating of the uniform code and standards which regulate fire and life safety and other hazardous conditions;

NOW THEREFORE, THE CITY OF PENDLETON ORDAINS AS FOLLOWS:

Section 1. Ordinance 3441, Section 1.A., shall be amended by the changes shown as follows:

“A. The Oregon Fire Code, 20192014 edition, a copy of which is available at https://www.oregon.gov/osp/programs/sfm/Pages/Fire_Codes.aspx, and …"

“B. In lieu of Appendix A, appeals from a decision made by the Fire Chief relative to the application and interpretation of this Ordinance or the Fire Code, 20192010 edition…”

Section 2. Effective Date. This Ordinance shall take effect and be in full force from and after February 20, 2020.

PASSED by the City Council and approved by the Mayor ____ , 2020.

APPROVED:________________________________John Turner, Mayor

ATTEST: ________________________Andrea Denton, City Recorder

Approved as to Form:

_________________________________Nancy Kerns, City Attorney

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https://www.oregon.gov/osp/programs/sfm/Pages/Fire_Codes.aspx

Parks and Recreation Department Staff Activity Report

January 2020

Wrapping up leaf removal: The trees have about finished dropping leaves for the season, and after a long fall of mulching and hauling off leaves we are almost done. This year our new mowers allowed us to mulch a little more and haul away less, this should help our soil in those parks with added organic matter. The leaf removal machine we purchased last year helped greatly in the worst affected areas.

Bathroom Repairs and Painting: This has been a pretty bad year for graffiti and vandalism in parks. Our bridges have been tagged repeatedly often with gang related symbolism, and our bathrooms have been the victims of pointless destruction and similar graffiti. Through the winter we plan to try to repaint and repair all of our parks restrooms. We have started with the West side restroom at Community park since that had graffiti attack had left the walls stained even after industrial solvent was used to remove the bulk of the spray paint.

Youth Basketball Season: We just finished our 3rd through 6th grade boys basketball season with 79 kids participating. We now move into our 1st and 2nd grade coed season, and our 3rd through 6th grade girls.

Beaver Damage Trees: There have been a number of trees damaged by beavers in the vicinity of Roy Raley Park. Parks crews are working to remove any trees that could pose a danger to the public and we are working with wildlife officials to have the beavers removed.

Ice Rink Open: The ice skating rink at Roy Raley Park is open and has been busy during the holiday weeks. A new flood light has been installed to make visibility better which is especially beneficial to the growing number of people participating in ice hockey.

North Bank of the Umatilla Advisory Committee to hold public kick off meeting: As with most City of Pendleton Meetings, the public are welcome at all North Bank Advisory Committee meetings, but January 22nd at 7pm in the foundation room will be the first in a series of planned strategies to directly solicit public engagement in the visioning process for the North Bank of the Umatilla River as it passes through the City of Pendleton.

New Mowers: We have recently purchased a used 16’ large area mower to replace our old and very tired 11’ parks mower. The added size and power of this new machine should reduce our mowing time on that route by 10-15 hours a week, which over the long term will be a significant savings to the City. We are also in the bid process for a new 4wd mower that can safely operate on the steep hills of the north hill parks.

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city council - 07 jan 2020

Documents