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09-24-12 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN DP,CW1 ICK UGHOUNCILOR ARD J.MS,CWII EL CHMIDTOUNCILOR ARD CCA PMC,CWIII ITYOUNCILGENDA ETER CALLUMOUNCILOR ARD JC,CWIV AMES OXOUNCILORARD FL,CWV RANK ONERGANOUNCILOR ARD S24,2012–7:00.. EPTEMBERPM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: None. 4.COMMUNITY/GOVERNMENT ORGANIZATIONS A.Downtown Woodburn Unidos B.Woodburn School District 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 6.COMMUNICATIONS None. – This allows the public to introduce items for 7.BUSINESS FROM THE PUBLIC Council consideration not already scheduled on the agenda. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** September 24, 2012Council Agenda Page i –Items listed on the consent agenda are considered 8.CONSENT AGENDA routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A.Woodburn City Council minutes of September 10, 20121 Recommended Action: Approve the minutes. B.Woodburn City Council Executive Session minutes of September5 10, 2012 Recommended Action: Approve the minutes. C.Woodburn Planning Commission minutes of August 9, 20127 Recommended Action:Accept the minutes. D.Crime Statistics through August 201210 Recommended Action: Receive the report. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS A.Kalugin Estates subdivision, located south of Hardcastle 14 Avenue, between Dunn Court and Orchard Lane Recommended Action: 1.Conduct a public hearing on Kalugin Estates Subdivision; Subdivision2012-01, Variance 2012-01, and Street Exception 2012-01. 2.Direct staff to prepare findings implementing the Council’s decision for the next regularly scheduled meeting. –Members of the public wishing to comment on items of 11.GENERAL BUSINESS general business must complete and submit a speaker’s card to the City Recorder prior to commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. A.Council Bill No.2904-An Ordinance Granting Woodburn188 Ambulance Service, Inc., a Non- Exclusive Franchise to Operate an Ambulance Service in the City of Woodburn; Defining Terms and Conditions of said Franchise; Repealing Ordinance 2324; Declaringan Emergency and Setting an Effective Date. September 24, 2012Council Agenda Page ii B.Council Bill No.2905-An Ordinance Amending Ordinance 2307 199 (The Willamette Broadband, LLC/ Wavedivision VII, LLC Cable Television Franchise) to Extend said Franchise Ordinance until December 31, 2012 and Declaring an Emergency. Recommended Action:Adopt the ordinance amending Ordinance 2307 (the WAVE cable television franchise) to extend the franchise expiration date until December 31, 2012. C.Council Bill No. 2906-An Ordinance Amending Ordinance 2291 202 (The Data Vision Communications/Data Vision, LLC Franchise) to Extend said Franchise Ordinance until December 31, 2012 and Declaring an Emergency. Recommended Action:Adopt the ordinance amending Ordinance 2291 (the Data Vision franchise) to extend the franchise expiration date until December 31, 2012. D.Council Bill No.2907-AResolution Authorizing Execution of a205 Collective Bargaining Agreement Between theCityof Woodburnand the American Federation ofState,County,and Municipal Employees (AFSCME) Local642for the Contract Year Beginning July 1, 2012andEnding June 30, 2015 Recommended Action:Adopt the attached resolution authorizing execution of a collective bargaining agreement with the American Federation of State, County, and Municipal Employees, Local 642. E.Legion Park Grant Agreement 240 Recommended ActionAuthorize the City Administrator to : enter into the enclosed Local Government Grant Agreement with the Oregon Parks and Recreation Department. The $44,000 grant was awarded for the Legion Park Playground Project. – These 12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.ADJOURNMENT September 24, 2012Council Agenda Page iii COUNCIL MEETING MINUTES SEPTEMBER 10, 2012 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, SEPTEMBER 10, 2012 CONVENED The meeting convened at 7:00 p.m. withMayor Figley presiding. ROLL CALL 0:00 Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Public Works Director Brown,PoliceChief Russell, Associate Planner Dolenc,Police Captain Garrett, Human Resources Director Hereford, Acting Finance Director Shearer, Assistant Recorder Pierson COMMUNITY/GOVERNMENT REPORTS 0:00 A.Woodburn Chamber of Commerce- City Administrator Derickson updated the Council on the final numbers from the Fiesta. He also let the Council know that Greeters has started up again and the Chamber Auction dinner is coming up soon. B.Woodburn School District – Superintendent Bautista let the Council know that the number of kindergartners has increased this year and that the high school graduation will take place on May 31, 2013. Superintendent Bautista thanked City Staff for their help in getting the modules set up at the high school. He also let the Council know that the students at Nellie MuirSchool were theSummer Reading Olympics winners out of over 1,400 schools. CONSENT AGENDA 0:06 A.Woodburn City Council minutes of August 13, 2012 B.Woodburn Planning Commission minutes of July 26, 2012 C.Woodburn Recreation and Park Board minutes of July 17, 2012 D.Crime Statistics through July 2012 E.Additional Privilege –Winery Councilor McCallum asked if the wineryat Harry and Davidis strictly an indoor tasting room. Chief Russell answered that the tasting room is indoors and that if they had a special event where wine tasting would take place outside they would have to get permission. McCallum/Lonergan … approve the consent agenda as presented. Motion passed unanimously. PUBLIC HEARING 0:08 A.Woodburn Ambulance Franchise Ordinance. City Administrator Derickson provided a Page 1 - Council Meeting Minutes, September 10, 2012 1 COUNCIL MEETING MINUTES SEPTEMBER 10, 2012 staff report. Shawn Baird with Woodburn Ambulance, 1040 N. Boones Ferry Rd, provided a year in review presentation to the Council. Councilor Schmidt asked if any of the franchise fees have changed and Mr. Baird answered that they are staying the same. City Attorney Shields gave a brief overview of the changes made to the franchise.No members of the public wished to speak in either support or opposition of the Woodburn Ambulance Franchise Ordinance. Mayor Figley declared the hearing closed at 7:29 pm. Councilor McCallum stated that Woodburn is very fortunate to have Woodburn Ambulance as a service and it is vital to the community. Councilor Lonergan stated that he is in favor of the franchise. Lonergan/Pugh … accept the Woodburn Ambulance Franchise Agreement as presented and bring it to the next meeting. The motion passed unanimously. COUNCIL BILL NO. 2901- AN ORDINANCE ADOPTING THE HIGHWAY 99E 0:29 CORRIDOR PLAN; MAKING TEXT AMENDMENTS TOTHE WOODBURN COMPREHENSIVE PLAN; AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP; AMENDING THE WOODBURN TRANSPORTATION SYSTEM PLAN; MAKING TEXT AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE; AMENDING THE OFFICIAL ZONING MAP; AND DIRECTING THE ECONOMIC AND DEVELOPMENT SERVICES DIRECTOR TO ADMINISTRATIVELY INCORPORATE AND IMPLEMENT THESE ACTIONS McCallum introduced Council Bill 2901. Assistant Recorder Pierson 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 Figley declared Council Bill No. 2901 duly passed. COUNCIL BILL NO. 2902- AN ORDINANCE AMENDING ORDINANCE 2328, THE 0:31 PORTLAND GENERAL ELECTRIC COMPANY FRANCHISE, TO EXTEND SAID ORDINANCE UNTIL JUNE 30, 2013.McCallum introduced Council Bill No. 2902. Assistant Recorder Piersonread 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 Figleydeclared Council Bill No. 2902 duly passed. COUNCIL BILL NO. 2903-A RESOLUTION WAIVINGAPPLICATION OF 0:33 ORDINANCE 2312 (THE NOISE ORDINANCE) FORCONSTRUCTION ACTIVITY ASSOCIATED WITH THE WOODBURN INTERCHANGEAND TRANSIT FACILITY IMPROVEMENTPROJECT AND PROVIDING FOR CERTAIN CONDITIONS.McCallum introduced Council Bill 2903. Assistant Recorder Piersonread the bill by title only since there were no objections from the Council. Councilor Lonergan stated that he is concerned about the back- up alarm being disabled and only using a spotter. Director Brown stated that it is an OSHA approved alternative to the back-up alarm and is commonly used during night time work. Councilor McCallum asked if it would only be at night and Director Brown answered that yes, it would only be at night. Councilor Schmidt also shared his safety concerns with disabling the alarm. Councilor Cox stated that people are going to have to understand that this is going to be a nuisance. On roll call vote for final Page 2 - Council Meeting Minutes, September 10, 2012 2 COUNCIL MEETING MINUTES SEPTEMBER 10, 2012 passage, the bill passed unanimously. Mayor Figleydeclared Council Bill No. 2903 duly passed. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF NEWBERG 0:40 onergan/Cox… Lauthorize the City Administrator to sign an Intergovernmental Agreement with the City of Newberg for structural/mechanical inspections and plan reviews. The motion passed unanimously. FY 2012/13 AMENDED FINANCIAL PLAN Lonergan/Pugh… adopt the attached FY 0:40 2012/13 amended financial plan. Councilor McCallum mentioned that Councilor Pugh should be thanked for this amendment and that staff did a nice job of capturing some of his concerns. The motion passed unanimously. PLANNING COMMISSION APPROVAL OF CASES SUB 2012-01, VAR 2012-02, 0:41 AND EXCP 2012-01 FOR KALUGIN ESTATES SUBDIVISION, LOCATED SOUTH OF HARDCASTLE AVENUE, BETWEEN DUNN COURT AND ORCHARD LANE Councilor McCallum stated that he is not going tocall this up himself butthat he has some concerns about this, he remembers that they approved a nine lot subdivision and now we see a 14 site one with three variances. Councilor Cox also stated that he is concerned about it but is reluctant to call it up if he and Councilor McCallum are the only ones concerned with this. He also stated that it bothers him that there are so many variances and that it may set a bad example. Councilor Pugh added that he is concerned about how we spend money in time versus the ability of that particular money and there is nothing in here about when and how. Councilor Schmidt stated that he has concerns about it too. Councilor Morris asked what calling it up means and was told that there would be a de novo hearing on it. Councilor Cox is concerned that the public will not get any additional benefit from this. Councilor Lonergan stated that he also has concerns about this and mentioned that this type of development brings McCallum/Pugh kids in and questions whether the schools will be able to handle that. … to call this upfor further review by Council.The motion passed unanimously CITY ADMINISTRATOR’S REPORT 0:50 The City Administrator let the Council know that the Chamber Fall Auction Dinner will take place on October 13, 2012 at Wellspring and that tickets can be purchased at the Chamber office. MAYOR AND COUNCIL REPORTS 0:51 Councilor Schmidt thanked the Police Department for catching the people who had done the graffiti in the City of Woodburn. Councilor Morris thanked the Police Department for their efforts last week and appreciates their support. Page 3 - Council Meeting Minutes, September 10, 2012 3 COUNCIL MEETING MINUTES SEPTEMBER 10, 2012 EXECUTIVE SESSION 0:52 Mayor Figley entertained a motion to adjourn into executive session under the authority of . ORS 192.660(2)(d) and ORS 192.660 (2)(i)For the record, City Attorney Shields waived Lonergan/Pugh his right to an open hearing for his evaluation. …. to move into executive session.The Council adjourned to executive session at 7:52 pm and reconvened at 8:51 pm. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT 1:51 Lonergan/Morris … meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:51 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,Assistant CityRecorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, September 10, 2012 4 EXECUTIVE SESSION COUNCIL MEETING MINUTES SEPTEMBER 10, 2012 DATE.CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,SEPTEMBER 10, 2012. CONVENED. The Council met in executive session at 7:52 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallumPresent Councilor MorrisPresent Councilor PughPresent Councilor Schmidt Present Staff PresentItem #1: City Administrator Derickson, City Attorney Shields, ActingFinance DirectorShearer, Human Resources Director Hereford, Assistant City Recorder Pierson Staff Present Item #2: City Attorney Shields, Assistant City Recorder Pierson Media Present: None. Mayor Figley reminded the Councilors, media and staff that information discussed in executive session is not to be discussed with the public. The executive session was called to: To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d). To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (2)(i). For the record, during the open session of the City Council meeting, City Attorney Shields waived his right to an open hearing. ADJOURNMENT. The executive session adjourned at 8:51 p.m. APPROVED_______________________________ Page1 – Executive Session, Council Meeting Minutes, September 10, 2012 5 KATHRYN FIGLEY, MAYOR ATTEST_______________________________ Heather Pierson,Assistant CityRecorder City of Woodburn, Oregon Page2 – Executive Session, Council Meeting Minutes, September 10, 2012 6 7 8 9 10 11 12 13 Agenda Item September 24, 2012 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT: Kalugin Estates subdivision, located south of Hardcastle Avenue, between Dunn Court and Orchard Lane RECOMMENDATION: 1.Conduct a public hearing on Kalugin Estates Subdivision; Subdivision 2012-01, Variance 2012-01, and Street Exception 2012-01. 2.Direct staff to prepare findings implementing the Council’s decision for the next regularly scheduled meeting. BACKGROUND: The owner is requesting approval for 14 lots, with variances for lot area, width, depth, street frontage, front, side and rear setbacks, lot coverage, and street cross-section. The Planning Commission reviewed the proposal at its meeting of July 26, 2012. Commissioners expressed concern over the small lot sizes and lack of yard area for children to play in. They also noted that there is a need for small, affordable housing, and that the proposed subdivision would be consistent with other development in the neighborhood. Commissioners noted that the property would remain undeveloped without a project such as the proposed subdivision. The Commission voted unanimously to approve the subdivision and all its associated variances. The motion also directed Staff to prepare findings that the approval was for a unique parcel and development proposal, and did not indicate support for smaller lot sizes generally. The Commission unanimously approved the Final Order embodying those findings on August 9, 2012. In compliance with the Woodburn Development Ordinance, the Commission’s decision was placed before the Council at the meeting of September 10. The Council exercised its prerogative under Section 4.102.02 of the WDO to call up the decision for review. The staff report and background information are attached. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ 14 Honorable Mayor and City Council September 24, 2012 Page 2 DISCUSSION: The Planning Commission reviewed the proposed subdivision, variances, and street exception on July 26, 2012 and approved the request, subject to conditions. The Commission’s decision was called up by the City Council at its August 10, 2012 meeting. As per the Woodburn Development Ordinance, Council will beconducting a public hearing on the request and can decide to approve, approve with conditions or deny the application. FINANCIAL IMPACT: This decision is anticipated to have no public sector financial impact. RM RS CG RS RM Zoning Map 15 Department of Economic and Development Services Planning Division CITY COUNCILSTAFF REPORT PUBLIC HEARING Application TypesType III Subdivision,Type III Variance, and Type III Exception to Street Right-of-Way and Improvement Requirements Application NumbersSUB 2012-01, VAR 2012-02, EXCP 2012-01 Project DescriptionA14-lot subdivision,with variances for lot area, width, depth, street frontage, front, side and rear setbacks, lot coverage,and street cross-section (for Kalugin Lane and Centennial Drive), and an exception for improvements to Hardcastle Avenue. Project LocationSouth of Hardcastle Avenue, between Dunn Court and Orchard Lane.Tax lots 051W08DC06100 and 051W08DC06101. ZoningResidential Single-Family (RS) Applicant/RepresentativeTroy Plum, PE Property OwnerLazar Kalugin, Quality Plus Interiors Planner AssignedDon Dolenc, Associate Planner Application ReceivedApril 12, 2012 Application CompleteJune 29, 2012 I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 1 of 32 16 120-Day DeadlineOctober 26, 2012 Date of Staff ReportSeptember 17, 2012 Date of Public HearingSeptember 24, 2012 BACKGROUND ANDPROPOSAL The property is 2 acres in area and is currently developed with asingle-family dwelling. No wetlands or floodplains exist on the site. The property is zoned Residential Single-Family (RS). Abutting properties are zoned Residential Single-Family and Medium Density Residential (RM). In 2010, the Planning Commission approved a 9-lot subdivision, with variances for lot depth and area (for two lots). The owner now requests approval for 14 lots, with variances for lot area, width, depth, street frontage, front, side and rear setbacks, lot coverage,and street cross-section.The site does not have the 5 acres required for a Planned Unit Development(PUD). The property is not located in the nodal overlay (which allows attached dwellings at higher density than the RS zone). The owner’s only option to develop a small-lot subdivision is to obtain multiple variances.The proposal should be viewed as a package, with each variance being a necessary element ofthe entire project. The Planning Commission reviewed the proposal at its meeting of July 26, 2012. Commissioners expressed concern over the small lot sizes and lack of yard area for children to play in.They also noted that there is a need for small, affordable housing, and that the proposed subdivision would be consistent with other development in the neighborhood.Commissioners expressed concern that the property would remain undeveloped without a project such as the proposed subdivision. The Commission voted unanimously to approve the subdivision and all its associated variances. The motion also directed Staff to prepare findings that the approval was for a unique parcel and development proposal, and did not indicate support for smaller lot sizes generally. The Commission unanimously approved the Final Order embodying those findings on August 9, 2012. In compliancewith the Woodburn Development Ordinance, the Commission’s decision was placed before the Council at the meeting of September 10. The Council exercised its prerogative under Section 4.102.02 of the WDO to call up the decision for review. RECOMMENDATION – Approval subject to the conditions on page 23 of this report. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 2 of 32 17 Note: The applicationsubmitted in April, 2012 was for a 15-lot subdivision, with Kalugin Lane having parking on one side (necessitating a variance for common onsite parking), and with the intersection offset from Kennedy Street. After discussions with Staff and the Woodburn Fire District, the subdivision was redesignedwith 14 lots, wider streets with parking on both sides, and an aligned intersection. Please note that that the original narrative, Attachment “A”, was submitted prior to the redesign and refers to the superseded 15-lot layout. Preliminary Subdivision Plan Zoning Map I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 3 of 32 18 APPROVAL CRITERIA Applicable criteria from the Woodburn Development Ordinance (WDO) are Sections: 1.101, 1.102, 2.101, 2.102, 3.101, 3.102, 3.103, 3.104, 3.105, 3.106, 4.101, 4.102, 5.103, and 6.103. Additional relevant criteria also includethe goals and policies of the Woodburn Comprehensive Plan, and the right-of-way standards of the Woodburn Transportation System Plan. ANALYSIS AND FINDINGS OF FACT General Provisions Findings:Preliminary subdivision cases,variances, and street exceptions are Type III decisions. The applications are processed concurrently, as required by Section 4.101.07. The Planning Commission is ordinarily the City’s decision-maker. Findings: Section 4.102.02 providesthat the City Council may call up a Type III decision for review on its own motion. The City Council’s decision is the City’s final decision and is appealable to the Land Use Board of Appeals within 21 days after it becomes final. Findings: Section 4.101.16.D provides that the City Council may call up a Planning Commission or Director’s decision for review, and shall consider: 1. The Planning Commission or Director’s decision. 2. The applicant and other parties shall have an opportunity to present testimony, arguments and evidence on all applicable criteria. 3. The City Council may limit the issues that it will allow. 4. The rights of participants to continuances or open records, applicable to the initial public hearing, do not apply. The Council did not limit the issues to be addressed in the review. This would be a hearing. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 4 of 32 19 WDO 2.102 Residential Single Family (RS) District Standards Findings: Section 2.102.06.A requires a minimum of 5.2 dwelling units per net acre in subdivisions.The proposed density is 14 dwelling units on 1.3 net acres, or 10.7dwelling units per net acre. Conclusion: The proposed subdivision complies with Section 2.102.06.A. Note: As the proposed subdivision requires variances for most lot and development standards, those are discussed later in this report (pages 13-18). WDO 3.101 Street Standards Findings:Hardcastle Avenue is the Boundary Street and also the Connecting Street for the property, as defined in Section 1.102 and shown in Figure 6.12 of the Transportation System Plan (TSP).Hardcastle Avenue is designated as a Service Collector in the Plan. The required cross-section for a Service Collector is a 72-foot of right-of-way, 36 foot improved driving surface (two 12-foot traffic lanes and a 12-foot center turn lane), 6-foot bike lanes (optional), 6-foot landscape strips and 6-foot sidewalks on both sides. The existing cross-section of Hardcastle Avenue is a 60-foot right-of-way, improved with (south to north) a 6- foot sidewalk, 1.5-foot planter strip, 2-foot curb and gutter, 4-foot bike lane, 11-foot travel lane, 12-foot center turn lane, 11-foot travel lane, 4-foot bike lane, 2-foot curb and gutter, and 5-foot sidewalk.The applicant requests an exception for the width of the travel lanes (11 feet instead of 12), bike lane (4 feet instead of 5 feet), and planter strip (1.5 feetinstead of 6 feet). Detail from Figure 7-2 of the Transportation System Plan I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 5 of 32 20 The preliminary subdivision plan (Exhibit B) shows 6 feet of right-of-way dedication on Hardcastle Avenue, for a total dedication of 36 feet from centerline. The applicant has requested an Exception to Street Right-of- Way and Improvement Requirements for Hardcastle Avenue, which is discussed later in this report (pages 8- 11). Conclusions:The proposed subdivision complies with the right-of-way dedication requirements for a Service Collector. The applicant must provide the full street improvements required by the Transportation System Plan for Hardcastle Avenue, or obtain an Exception to Street Right-of-Way and Improvement Requirements, in accordance with Section 3.101.02.D. Findings: Section 3.101.02.F.2 requires that temporary dead-end streets have an all-weather sign at the temporary street terminus, installed by the applicant, that states: “This Street is Planned for Future Extension” and that the property owner provide either a one-foot reserve strip deeded to the City, or an alternative method for limiting access approved by the City Engineer, at the temporary end of the right-of- way. The cover sheet (Exhibit A) shows a Type III barrier and signageat the eastern terminus of Centennial Drive. Conclusions: The proposed development complies with Section 3.101.02.F.2. Installation of the barrier and signage will be verified by the Public Works Department when Centennial Drive is constructed. : Centennial Drive will function as an emergency vehicle turnaround until it is extended. Finding Detail of emergency vehicle turnaround from the Oregon Fire Code Applicant’s statement:“The applicant understands the requirement for no parking on Centennial Drive until such time as it is extended to the east. Final engineering plans will require ‘No Parking’ signs along both sides of Centennial Drive.” Conclusion:No on-street parking can be allowedon Centennial Drive until it is extended. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 6 of 32 21 Note: As the applicant is requesting variances for the internal streets, those standards are discussed later in this report (pages 18-21). WDO 3.102 Utilities and Easements Finding: Section 3.102.04.A requires dedication of easements for municipal infrastructure, if required by the Public WorksDepartment. The Public Works Department has not requested dedication of easements, other than those required by Section 3.102.04.B. Conclusion: The proposed subdivisioncomplies withSection 3.102.04.A. Findings:Section 3.102.04.B requires dedication of a 5-foot public utility easement along each lot line abutting a street. The preliminary subdivision plan shows a 10-foot public utility easement along either side of the street. Conclusion: The proposed subdivisionexceeds the requirements ofSection 3.102.04.B. WDO 3.103 Setback, Open Space and Lot Standards, Generally Section 3.103.01 provides that setbacks define the areas within a lot that are to be retained and maintained unobstructed by buildings and structures. The preliminary subdivision plan shows the setbacks required in the RS zone (the correct setbacks for Lot 6 are shown in Exhibit C). The applicant is requesting variances from the front, side, and rear setbacks, as discussed later in this report (pages 13-18). Findings: Section 3.103.01 Setbacks and required open space define the areas within a lot that are to be unobstructed by buildings and structures, exceptfor projections, accessory uses and structures,and for common facilities required as a condition of a land use decision. Conclusion:If the Councilgrants a variance for setbacks, compliance with the approved setbacks will be verified during the building permit process. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 7 of 32 22 WDO 3.104 Access Findings: Section 3.104.01.A.1 requires that parcels have access to a public street. The site plan shows all lots with direct access to a public right-of-way. Conclusion: The proposed development complies with Section 3.104.01.A. Findings:Section 3.104.03.A.2.b provides that the lot and street layout in a subdivision or PUD should be configured so that lots abutting a major street have access to a local street. The preliminary plan shows Lot 2 taking access from Centennial Drive(a local street), not Hardcastle Avenue (a major street as defined in Section 1.102.) Conclusion:The proposed development complies with Section 3.104.03.A.2.b. Findings:Section 3.104.05.C.2 requires an improved parking space, or pad, abutting the attached or detached garage doorway for each opposing parking space within the garage. The exterior pad area for each vehicle shall have the minimum dimensions of 10 feet wide by 20 feet long. The preliminary plat shows a driveway the width of the garage and 20 feet long for each dwelling unit. Conclusions: The proposed development complieswith Section 3.104.05.C.2. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 8 of 32 23 WDO 3.105 Off-Street Parking and Loading Findings:Table 3.1.2 requires, for single-family or duplex dwellings, 2 off-street parking spaces per dwelling unit in a garage. The submittal did not include floor plans. Applicant’s statement(in Attachment B): “Final building plans shall demonstrate each dwelling unit provides two car garages.” Conclusions:The proposed development complies with Table 3.1.2.This will be verified during the building permit process. WDO 3.106 Landscaping Standards Findings:Section 3.106.01.A exempts single-family and duplex dwellings from on-site landscaping requirements. The proposed development is entirely single-family. Conclusion: The proposed development is exempt from on-site landscaping requirements. Findings:Section 3.106.03.A.1 requires that street trees be planted prior to final occupancy. Section 6.103 lists acceptable and unacceptable trees species, classified by size.Four small trees, three medium trees, or two large trees are required per 100 feet of street frontage. The subdivision has a total street frontage of approximately 1,020 feet. The siteplan (exhibit C) shows 25street trees, but does not identify the species. At least 41 small trees, 31 medium trees, or 20large street trees are required prior to final occupancy. Street tree plans are typically approved administratively during the subdivision process. Street trees,as indicated on the plan,are then planted upon development of each abutting lot, as part of the building permit process. The applicant proposes to plant the street trees on each lot, outside the public right-of-way. Applicant’s statement: “Street trees are proposed at approximately 25’to 35’ intervals along the both sides of the proposed street right-of-ways. Proposed internal streets provide curb side sidewalks with the street right- of-way line located 1-foot behind back of sidewalk. Due to the location of the proposed right-of-way line relative to the curbside sidewalk location, street trees must be planted beyond the street right-of-way and be located on private property. Street trees shall be small and medium per items (1) and (2) of this section. Street trees are located so that clear vision areas at proposed intersections are not impacted. All street trees shall be planted prior to occupancy of each subject lot.” Applicant’s statement(in Attachment B): “Street trees are shown on the preliminary plans at 25-foot to 35- foot spacing. The intent of thestreet tree layout is to provide a combination of small and medium trees per I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 9 of 32 24 Section 3.106.03.A.1.b. The final location and species of each proposed street tree would be submitted to the City of Woodburn for approval during the home construction phase of this project.” : The proposed development has not been shown to comply with Section 3.106.03.A.1. The Conclusions property owner shall submit a street tree plan that shows the equivalent of at least 41 small, 31 medium, or 20 large street trees (per Section 6.103) and shall identify the species of street treeto be planted. Although the street trees are located on the lots, their planting and maintenancecan be required as conditions of approval for the subdivision. WDO 5.103.03 Exception to Street Right of Way and Improvement Requirements Section 5.103.03.B provides that the purpose of a street exception is to allow a deviation from the development standard required for the functional classification of the street identified in the Transportation System Plan(TSP).The applicant requests an exception forHardcastle Avenue,for the width of the travel lanes (11 feet instead of 12), bike lane (4 feet instead of 5 feet), and planter strip (1.5 feetinstead of 6 feet). Section 5.103.03.B requires the applicant to analyze the effect of a proposed development on streets near the development (the boundary streets and connecting streets), and on the larger transportation system. Subsection B.1 requires an estimate of the extent to which the rights-of-way and improvements will be used by persons served by the building or development. Applicant’s analysisregarding Section 5.103.03.B.1: “The proposed 15-Lot subdivision consists of 11 single family dwelling units and 4 attached single family dwelling units. Trip generation is calculated using the Eight Edition of the Institute of Transportation Engineers (ITE) trip generation manual. [Note: This analysis was submitted before the subdivision plans were revised to 14 lots.] I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 10 of 32 25 The right-of-way improvement exception has been required by the City of Woodburn so that future widening of Hardcastle Ave can be completed as one project. The Owner is fully prepared and willing to construct any required street widening improvements along the projects frontage with Hardcastle Ave at the time of development. The owner understands the desire of the City of Woodburn to postpone street widening improvements until all required right-of-way is acquired and an actual need is identified. The Owner will willingly agree to a waiver of non-remonstrance for the subject roadway improvements. The City of Woodburn Traffic System Plan identifies Hardcastle Ave as a Service Collector facility in the vicinity of the project. The existing right-of-way of Hardcastle is 60’ along the projects frontage. The required right-of- way for a Service Collector is 72’. The City of Woodburn has required a 6’ right-of-way dedication along the projects frontage. The existing roadway width is 44’ and the minimum width for a Service Collector is 48’. The current lane configuration conforms tothe Service Collector standards providing two bike lanes, two travel lanes and a center turn lane. Existing lane widths are slightly below the minimum Service Collector standard,specifically the existing bike lane widths. A 2’ wide planter strip is currently provided on the south side of Hardcastle Ave along the projects frontage; 6’ wide planter strips are required on a Service Collector. Based on the existing roadway cross section of Hardcastle Ave and the full build out Service Collector cross section identified in the TSP, it appears that most of the future street widening will be used to increase existing planter strips from 2’ to 6’ in width. An additional 4’ will be needed to increase both existing bike lanes from 4’ to 6’. It does not appear any additional width is required for the two existing drive lanes and center turn lane. Future roadway widening efforts described above will not provide any additional roadway capacity to Hardcastle Ave in the vicinity of the project. As such, the proposed development will not realize any substantial benefit from the proposed future roadway widening project from a roadway capacity viewpoint.” I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 11 of 32 26 th Findings regarding Section 5.103.03.B.1: The Institute of Traffic Engineer’s Trip Generation Manual (7 edition) estimates 9.57 average daily trips per dwelling unit. The proposed subdivision will entail a net increase of 13 dwelling units and can be expected to generate an additional 120average daily trips on Hardcastle Avenue. Neither conventional traffic counts, nor the ITE Trip Generation Manual, account for non-vehicular traffic. The sidewalks are required by the Transportation System Plan for safety. The landscape strip is required by the Transportation System Plan as a standard of aesthetics. The specified improvements are needed to provide vehicle and non-motorized transportation facilities throughout the street corridor. Traffic counts from August, 2008 show 1,177 average daily trips on Hardcastle Avenue, at a location approximately one block east of the property. Conclusions regarding Section 5.103.03.B.1: Users of the proposed subdivision will use Hardcastle Avenue for both their vehicular and non-motorized traffic needs, for safety as well as convenience. The proposed subdivision will generate approximately a 10 percent increase in vehicular trips per day on Hardcastle Avenue. Subsection B.2 requires an estimate of the improvements needed to meet the estimated use of the building or development. : “The proposed development provides access to Applicant’s analysisregarding Section 5.103.03.B.2 Hardcastle Ave. Future street improvements to Hardcastle Ave will move the subject intersection south approximately 6 feet. The intersection will experience the same intensity of use before and after the subject street widening efforts. As described above, future roadway widening efforts will not increase the capacity of Hardcastle Ave in the vicinity of the project. The street widening efforts will primarily increase existing planter strips from 2’ to 6’ wide and provide minor improvements to the width of existing bike lanes. As such, the proposed development requires no right-of-way improvements from a vehicular capacity viewpoint.” Findings regarding Section 5.103.03.B.2: The proposed subdivision will generate an approximately 9 percent increase in vehicular trips per day on Hardcastle Avenue. The existing cross-section of Hardcastle Avenue is a 60-foot right-of-way, improved with (south to north) a 6-foot sidewalk, 1.5-foot planter strip, 2-foot curb and gutter, 4-foot bike lane, 11-foot travel lane, 12-foot center turn lane, 11-foot travel lane, 4-foot bike lane, 2-foot curb and gutter, and 5-foot sidewalk. Conclusions regarding Section 5.103.03.B.2: No improvements to Hardcastle Avenue are needed to accommodate the increase in traffic attributable to the proposed subdivision. It is reasonable to require the property owner to participate in the cost of providing all improvements required by the Transportation System Plan for Hardcastle Avenue. The property owner should enter into a non-remonstrance agreement to participate in the cost of reconstructing Hardcastle Avenue to the standards of the Transportation System Plan when such reconstruction becomes timely. Subsection B.3 requires an estimate of the impact the building or development will have on the larger public infrastructure system. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 12 of 32 27 : “Since the proposed street widening provides no Applicant’s analysisregarding Section 5.103.03.B.3 additional travel lanes, and primarily is intended to increase the planter strip width, it is considered a beatification project rather than a roadway capacity project. Therefore, roadway capacity will not be improved along Hardcastle Ave in the vicinity of the project as result of future street widening improvements. The proposed intersection with Hardcastle will operate in an identical fashion both before and after the subject roadway widening.” Findings regarding Section 5.103.03.B.3: The proposed subdivision will generate an approximately 10 percent increase in vehicular trips per day on Hardcastle Avenue. The traffic impact on the larger public infrastructure system is substantially smaller than the impact on Hardcastle Avenue. Conclusions regarding Section 5.103.03.B.3: No immediate improvements to the larger public infrastructure system are needed to accommodate the increase in traffic attributable to the proposed subdivision. System Development Charges (SDCs) will be collected to fund improvements to the larger public infrastructure system. Subsection B.4 requires an estimate of the improvements needed to mitigate the impact of the building or development on the larger public infrastructure system. : “As described in detail in the preceding sections, future Applicant’s analysisregarding Section 5.103.03.B.4 widening of Hardcastle Ave in the vicinity of the project will not provide additional capacity. The proposed project does not create a need for any improvements to Hardcastle Ave. Therefore, there is no need for mitigation resulting from impacts to the public infrastructure system by the proposed development.” Findings regarding Section 5.103.03.B.4: The proposed subdivision will generate an approximately 9 percent increase in vehicular trips per day on Hardcastle Avenue. The traffic impact on the larger public infrastructure system is substantially smaller than the impact on Hardcastle Avenue. Conclusions regarding Section 5.103.03.B.4: No immediate improvements to the larger public infrastructure system are needed to accommodate the increase in traffic attributable to the proposed subdivision. System Development Charges (SDC’s) will be collected to fund improvements to the larger public infrastructure system. : Section 5.103.03.C prohibits exceptions from construction specifications. The applicant has not Findings requested an exception from construction specifications, but rather an exception to the street cross-section requirement. Conclusion: An exception to reduce a street right-of-way or cross-section requirement is not precluded by Section 5.103.03.C. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 13 of 32 28 : Section 5.103.03.D requires that rights-of-way meet minimum standardsof safetyto be eligible for Findings a street exception. As specified in Section 3.101.02.D.1 and 2, the minimum standard for safety is a curb and 10-foot wide travel lane in each direction, drainage facilities, pedestrian and bikeway facilities located on one side of the street, and full improvement of the street from the center line to the boundary of the subject property. As a Service Collector, the required cross-section for a Hardcastle Avenue is a 72-foot of right-of- way, 36-foot improved driving surface (two 12-foot traffic lanes and a 12-foot center turn lane), 6-foot bike lanes (optional), 6-foot landscape strips and 6-foot sidewalks on both sides. The existing cross-section of Hardcastle Avenue is a 60-foot right-of-way, improved with (south to north) a 6-foot sidewalk, 1.5-foot planter strip, 2-foot curb and gutter, 4-foot bike lane, 11-foot travel lane, 12-foot center turn lane, 11-foot travel lane, 4-foot bike lane, 2-foot curb and gutter, and 5-foot sidewalk. Conclusions: Hardcastle Avenue meets the specified minimum standards of safety. A street exception is not precluded by Section 5.103.03.D. Summary of conclusions regarding the street exception: Requiring the applicant to build the boundary and connecting streets to the cross-section specified in the Transportation System Plan would exceed the applicant’s proportional share of the public improvements. It is, however, reasonable to require the property owner to bear a portion of the improvement costs for Hardcastle Avenue. A non-remonstrance agreement for public improvements could be required as a condition of approval for the street exception. WDO 5.103.10 Subdivision Preliminary Approval Findings: Section 5.103.10.B.1 requires that a subdivision not impede the future best use of the remainder of the property or development of adjoining land. The current application includes all contiguous land owned by the applicant. The subdivision design does not restrict access to, or development of, abutting properties. Applicant’s statement: “The proposed subdivision fully develops the subject properties. The property immediatelywest of the site is fully developed. The extension of Centennial Dr through the site alignswith an existing ROW on Tax Lot 5803. Tax Lot 5900 is adjacent to the east property line of the development and between the existing and proposed Centennial Dr right-of-waydiscussed above. At the time Tax Lot 5900 develops, completion of the Centennial Driveright-of-way through the property will provide for full access for optimal development.” Conclusion: The proposed subdivision complies with Section 5.103.10.B.1. Findings:Section 5.103.10.B.2 requires that a subdivision be served with City streets, water, sewer and storm drainage facilities with adequate capacity. The Public Works Department reports that the development can I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 14 of 32 29 be served by the existing systems. Applicant’s statement: “The proposed street system connects to Hardcastle Ave and provides an extension of Centennial Dr which aligns with the existing Centennial Dr right-of-way east of the project. Public water, sanitary sewer and storm drainage infrastructure is available within Hardcastle Ave and is proposed to be extended to and through the development. Sanitarysewer and storm sewer have adequate depth within Hardcastle Ave to serve the development by gravity piping systems. Existing water and sanitary sewer infrastructureprovide adequate capacity to serve the proposed development. Storm drainage detention will be provided, by use of oversized stormwater piping and a flow control manhole detention structure, attenuating post developed runoff to the pre-developed rate for the City of Woodburn design storm events.” Conclusion: The proposed subdivision complies with Section 5.103.10.B.2. Findings: Section 5.103.10.B.3 requires that the plan for the development takes into account topography, vegetation and other natural features of the site. Applicant’s statement: “The proposed development is extremely flat providing approximately 1’ of elevation difference across the 2 acre site. The public street serving the development will be designed such that proposed lots may drain toward the new street. The site is currently a predominately grass field with other insignificant vegetation. There are no drainage wayson the site or other significant natural features. There are 6 existing trees proposed to be removed from the site and 25 street trees proposed to be planted along the proposed public streets.” Conclusion: The proposed subdivision complies with Section 5.103.10.B.3. Findings: Section 5.103.10.B.4 requires that adequate measures be taken to alleviate identified hazards and limitations to development from wetlands and geologically unstable soil. There are no wetlands or unstable soil identified on the property. Applicant’s statement: “a. There are no identified wetlands on the subject properties. b. The site is relatively flat presenting no steep slope stability concerns. Roadwaystructural sections shall be designed with consideration of existing onsite soils. Roadway base rock and asphalt sections may be increased as required during construction if localized areas of subgrade instability are identified.” Conclusion:The proposed subdivision complies with Section 5.103.10.B.4. : Section 5.103.10.B.5 requires that the development comply with all applicable provisions of the Findings WDO,exceptas may be waived by variance. Compliance with the relevant standards and the need for variance is detailed in this report. Applicant’s statement: “The tentative plan complies with all applicable provisions of the WDO except I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 15 of 32 30 proposed variances as defined in the concurrent variance application documentation.” Conclusion: The proposed subdivision complies with Section 5.103.10.B.5. WDO 5.103.12 Variance (lot and development standards) Findings:Section 5.103.12.A provides that the purpose of a variance is to allow use of a property in a way that would otherwise be prohibited by this ordinance. Uses not allowed in a particular zone are not subject to the variance process.The variances requested are for dimensional standards, not for land uses. Conclusion:The proposed subdivision complies with Section 5.103.12.A. Findings:Section 5.103.12.B provides that a variance from development standards may be granted when strict adherence to the standards of the WDOis not possible, or imposes an excessive burden on the property owner, and when variance to the standards will not unreasonably impact existing or potential uses or development on the subject property, or on adjacent properties. The applicant has requested variances for lot area, width, depth, street frontage, front, side and rear setbacks, and lot coverage, as shown in the following tables: Lot Standards Requiring a Variance Lot AreaLot WidthStreet FrontageLot Depth Lot ProposedRequiredProposedRequiredProposedRequiredProposedRequired 25,7368,00043.1390 32,3056,00061.4890 43,6896,00061.48 90 53,6896,00061.48 90 63,6896,00061.48 90 74,6918,00075.038061.48 90 85,0526,00086.7590 I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 16 of 32 31 Lot Standards Requiring a Variance Lot AreaLot WidthStreet FrontageLot Depth Lot ProposedRequiredProposedRequiredProposedRequiredProposedRequired 94,8906,00085.9690 104,8466,00085.1390 113,0248,00050.388061.5290 122,3076,00037.505037.504061.5290 134,3076,00061.5390 144,3086,00061.5490 154,3156,00061.5590 I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 17 of 32 32 Development Standards Requiring a Variance Front SetbackSide SetbackRear SetbackLot Coverage Lot ProposedRequiredProposedRequiredProposedRequiredProposedRequired 21220051030 31220051030 412201024 512201024 612201024 712201024 81220 91220 101220 1112200510303635 1212200510304635 1312201024 1412201024 1512201024 Applicant’s statement regarding the proposed variances: “The proposed Kalugin Estates Subdivision is located on approximately 1.98 acres of property. The subject property is approximately 550 feet deep, perpendicular to Hardcastle Ave, and approximately 170 feet wide. In order to develop the site in a manner typical of subdivisions, it isnecessary to construct a north-south public street in the middle of the property with lots located on both sides as shown on the drawings submitted with this application. Creating a north-south public street in the middle of the subject property causes the lot depths on either side of the street to be less than minimum WDO standards. A reduction in lot depths causes the need to reduce I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 18 of 32 33 lot areas, widths and setbacks. In order to balance the reduction in lot depths, the street right-of-way width is proposed to be reduced by providing curb side sidewalks. In order to reduce the number of variances required to develop the subject property, a property line public street would be required with lots on only one side. While strict adherence to the WDO could then be achieved, an unwanted nuisance is created for the property abutting a fully developed public street. While abutting property owners have an expectation that vacant land will someday be developed, is it expected that residential lots will abut common property lines, not roadways. If a public street were constructed adjacent to an existing residential property, the resulting noise and visual impacts greatly exceed those of the abutting residential lots as proposed. Constructing the required public street down the middle of the property ensures adjacent residential properties abut new residential lots, not a public street. In addition to allowing the subject property to develop in a manner consistent with typical subdivisions, constructing lots along abutting property lines achieves the intent of the WDO although requires several variances to specific standards. Since the existing property is only 170 feet in width, providing a north-south street perpendicular to Hardcastle Ave down the middle of the site results in lots that do not conform to minimum WDO standards. By locating the required public street along an existing property line, lots may only be provided on one side of the roadway which is inconsistent with industry standard practices for development of residential subdivisions, and is economically infeasible. While the proposed residential subdivision requires several variances, it in fact provides the highest and best use of the property by maximizing the buildable land inventory of this infill project and locating public streets as far as possible from neighboring residential properties.” Findings:Section 5.103.12.C lists five factors to be used as a guide in deliberating the application. These are discussed in detail for each requested variance on pages 12-39 of the applicant’s submittal, which is incorporated into this staff report as Attachments A and B. In the following analysis, the applicant’s statements have been summarized, and the reader is referred to Attachments A and B for thecomplete text of the statements. Section 5.103.12.C.1: The variance is needed to prevent unnecessary hardship relating to the land or structure, which would cause the property to be unbuildable by application of the WDO. Factors to consider in determining whether hardship existsinclude: Physical circumstances over which the applicant has no control,related to the piece of property involved, that distinguish it from other land in the zone, including, but not limited to lot size, shape, or topography; Whether reasonable use,similar to other properties, can be made of the property without the variance; Whether the hardship was created by the person requesting the variance. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 19 of 32 34 The existing property is Summary of Applicant’s statements regarding the criteria of Section 5.103.12.C.1: approximately 170 feet wide. In order to develop the subject property in traditional subdivision configuration, residential lots are required on both sides of a public street serving the development. Locating a public street running north-south down the middle of the property results in lots that are below the minimum standard. In order to develop the subject property in a manner typical of residential subdivisions, lots need to be located on both sides of the proposed north-south public street. Constructing a property line public street with lots on only one side is not considered a typical subdivision development approach. Constructing half street improvements is a common practice in subdivision development when adjacent properties would ultimately develop the other half of the roadway. Since development of the subject property requires construction of a full width public street, lots are needed on both sides in order for the project to be economically feasible. The property owner purchased the property intending to develop the land into a residential subdivision. The owner has no mechanism by which to increase the width of the subject property and achieve minimum WDO requirements for the proposed lots. Findings regarding Section 5.103.12.C.1: The property is distinguished from other land in the zone by its width (not wide enough for conventional lots on both sides, but wide enough to be developed with small lots on both sides.) It is also unique in the configuration of abutting streets (Hardcastle Avenue and Centennial Drive.) The owner asserts that the variances are necessary to make reasonable use of the property. Section 5.103.12.C.2: Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance would be materially injurious include,but are not limited to: Physical impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards; Incremental impacts occurring as a result of the proposed variance. Summary of Applicant’s statements regarding the criteria of Section 5.103.12.C.2: The proposed subdivision abuts Medium Density Residential (RM) to the west and Single Family Residential (RS) to the east. The subject property abuts the Woodburn city limits to the south. Reducing the required depth of the subject lots has no material impact on adjacent properties. The subject property is zoned RS which allows development of the single family lots proposed. Allowing construction of the subject lots along abutting property lines is standard for residential subdivisions. While abutting property owners have an expectation that vacant land will someday be developed, is it expected that residential lots will abut common property lines, not roadways. If the required roadway were constructed along an abutting property line, then the proposed lots would be in substantial conformance with the WDO I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 20 of 32 35 although the impact to the neighboring property abutting the roadway would be far greater than the minimal additional residential lots created by approval of the requested variances. A site-obscuring fence is proposed along the west, south and eastern property lines which will reduce the visual impact of the proposed development on adjoining properties. Noise impacts are not expected to increase as residential development is not a prohibitive noise-generating land use. Traffic will increase slightly as a result of the development, although the impact is negligible relative to existing traffic volumes on Hardcastle Ave in the vicinity of the project. Storm drainage runoff from the post developed site will be attenuated to the predeveloped rate with a detention system causing no additional impacts. There are no erosion or landslide concerns associated with the existing property or proposed development. All of the requested variances, except [side setback]are directly related to the existing width of the subject property. While the subject variances are all interrelated and incremental in nature, no further variances beyond those requested are required to develop the subject property in a manner consistent with traditional subdivisions. Findings regarding Section 5.103.12.C.2: The development allowed by the requested variances is not anticipated to be materially injurious to adjacent properties, either through physical impacts such as visual, noise, traffic and drainage, erosion and landslide hazards, or through incremental impacts occurring as a result of the proposed variances.The adjacent property to the west is zoned Medium Density Residential (RM) and is developed with duplexes. The adjacent property to the east is zoned Single-Family Residential (RS) and is developed with a single-family dwelling. The proposed subdivision is transitional between the two development types. Section 5.103.12.C.3: Existing physical and natural systems, such as, but not limited to,traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. Summary of Applicant’s statements regarding the criteria of Section 5.103.12.C.3:Traffic will increase slightly as a result of the development, although the impact is negligible relative to existing traffic volumes on Hardcastle Ave in the vicinity of the project. Storm drainage runoff from the post developed site will be attenuated to the predeveloped rate with a detention system causing no additionalimpacts. There are no significant land forms or parks located within the vicinity of the proposed development. Findings regarding Section 5.103.12.C.3: The development allowed by the requested variances is not anticipated to affect drainage or other physical or natural systems. There are no dramatic land forms nearby. Nelson Park, the nearest public park, is approximately 1,100 feet away by road. Section 5.103.12.C.4: The variance is the minimum deviation necessary to make reasonable economic use of the property. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 21 of 32 36 : The existing property is Summary of Applicant’s statements regarding the criteria of Section 5.103.12.C.4 approximately 170 feet wide. In order to develop the subject property in traditional subdivision configuration, residential lots are required on both sides of a public street serving the development. All of the proposed variances are the minimum required to allow the property to develop in a manner typical of subdivisions. If lots could only be constructed on one side of a public street, itwould be economically infeasible to develop the subject property. Findings regarding Section 5.103.12.C.4:The proposed small-lot subdivision, with lots on both sides of Kalugin Lane,increases the number of lots available to support the cost of necessary infrastructure improvements. The owner asserts that the variances are necessary to make reasonable economic use of the property. Section 5.103.12.C.5: The variance does not conflict with the Woodburn Comprehensive Plan. Summary of Applicant’s statements regarding the criteria of Section 5.103.12.C.5:The Woodburn Comprehensive Plan does not specifically address lot dimensional or area standards. The only consideration in the comprehensive plan relevant to the proposed variance is buildable land inventory. The comprehensive plan clearly indicates a need for all types of residential housing including the subject Low Density Residential designation. Approval of the requested variance will allow the property to develop in a manner typical of subdivisions and optimize the number of lots within this infill project. Allowing the property to fully develop, through approval of this variance, is in keeping with the identified need for additional buildable land. Findings regarding Section 5.103.12.C.5:Comprehensive Plan policy D-2.2 states that it is the policy of the City to encourage a variety of housing types to accommodate the demands of the local housing market. Policy D2.6 states thatWoodburn is committed to providing affordable homeownership opportunities to its citizens. For this reason, Woodburn zoning regulations will allow row houses (attached single-family homes) and detached single-family homes on smaller lots (4,000 sq. ft. minimums) within Nodal Development areas.The site does not have the 5 acres required for a Planned Unit Development. The property is not located in the nodal overlay (which allows attached dwellings at higher density than the RS zone). The owner’s only option to develop a small-lot subdivision is to obtain multiple variances. The property is zoned Residential Single-Family (RS) and is designated Low Density Residential on the Comprehensive Plan Map. The proposed use of the property is single-family residential. Abutting properties are zoned Residential Single-Family (RS) and Medium Density Residential (RM), and are designated Low Density Residential and Medium Density Residential on the Comprehensive Plan Map. Conclusions regarding Section 5.103.12.C: The property is not “unbuildable by application of the WDO.” The requested variances would not alter existing patterns of traffic or drainage, or other physical or natural systems, or be materially injurious to adjacent properties. The requested variances do not conflict with the Woodburn Comprehensive Plan, and will further the policy of providing a variety of housing types and affordable homeownership opportunities. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 22 of 32 37 WDO 5.103.12 Variance (street cross-section) Findings:Section 5.103.12.A provides that the purpose of a variance is to allow use of a property in a way that would otherwise be prohibited by this ordinance. Uses not allowed in a particular zone are not subject to the variance process.The variances requested are for dimensional standards, not for land uses. Conclusion:The proposed subdivision complies with Section 5.103.12.A. Section 5.103.12.B provides that a variance from development standards may be granted when strict adherence to the standards of the WDO is not possible, or imposes an excessive burden on the property owner, and when variance to the standards will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. The applicant has requested variances for right-of-way width (47 feet instead of 60 feet) and planter strip (none instead of 7 feet, with street trees located on propertyinstead of in a planter strip). : The applicant has requested variances for the cross-sections ofKalugin Lane and Centennial Drive. Findings Detail from Figure 7-2 of the Transportation System Plan I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 23 of 32 38 Proposed cross-section of Kalugin Lane and Centennial Drive Findings:Section 5.103.12.C lists five factors to be used as a guide in deliberations on the application. Section 5.103.12.C.1: The variance is necessary to prevent unnecessary hardship relating to the land or structure, which would cause the property to be unbuildable by application of the WDO.Factors to consider in determining whether hardship exists, include: Physical circumstances over which the applicant has no control,related to the piece of property involved, that distinguish it from other land in the zone, including, but not limited to, lot size, shape, or topography; Whether reasonable use,similar to other properties, can be made of the property without the variance; Whether the hardship was created by the person requesting the variance. Applicant’s statements regarding the criteria ofSection 5.103.12.C.1: “a. The existing property is approximately 170 feet wide. In order to develop the subject property in traditional subdivision configuration, residential lots are required on both sides of a public street serving the development. Locating a public street running north-south down the middle of the property results in lots that are below the minimum depth standard. In order to minimize the reduction in lot depth, in consideration of creating buildable lots, a reduction in the street right-of-way width is required. In order to reduce the street right-of- way width, a reduction in the street width and construction of curb side sidewalks is required. b. In order to develop the subject property in a manner typical of residential subdivisions, lots need to be located on both sides of the proposed north-south public street. Constructing a property line public street with I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 24 of 32 39 lots on only one side is not considered a typical subdivision development approach. Constructing half street improvements is a common practice in subdivision development when adjacent properties would ultimately develop the other half of the roadway. Since development of the subject property requires construction of a full width public street, lots are needed on both sides in order for the project to be economically feasible. c. The property owner purchased the property intending to develop the land into a residential subdivision. The owner has no mechanism by which to increase the width of the subject property and achieve minimum WDO street standard requirements for the proposed development.” Findings regarding Section 5.103.12.C.1: The property is distinguished from other land in the zone by its shape and the configuration of abutting streets (Hardcastle Avenue and Centennial Drive). The requested variance does not involve the driving or parking lanes, or affect the functionality for vehicular traffic. Section 5.103.12.C.2: Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance materially injurious include but are not limited to: Physical impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards. Incremental impacts occurring as a result of the proposed variance. Applicant’s statement regarding the criteria of Section 5.103.12.C.2:“a. Development of the subject property requires construction of internal public streets. Reducing the right-of-way width as requested has no impact. Reducing the street width as requested is already under consideration by the City of Woodburn indicating an acceptable roadway configuration. Providing curb side sidewalks in lieu of setback sidewalks will create a different visual appearance from current City standards. In order to mitigate the visual difference between curb side and setback sidewalks, street trees would be planted outside the public right-of-way instead of inside a roadway planter strip. Maintenance of street trees planted outside the public right-of-way may be the responsibility of private home owners at the discretion of the City of Woodburn. b. All of the requested variances, except Variance #9, are directly related to the existing width of the subject property. While the subject variances are all interrelated and incremental in nature, no further variances beyond those requested are required to develop the subject property in a manner consistent with traditional subdivisions.” Findings regarding Section 5.103.12.C.2: The development allowed by the requested variances is not anticipated to be materially injurious to adjacent properties, either through physical impacts such as visual, noise, traffic and drainage, erosion and landslide hazards, or through incremental impacts occurring as a result of the proposed variance.The requested variance does not involve the driving or parking lanes, or affect the functionality for vehicular traffic. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 25 of 32 40 Section 5.103.12.C.3: Existing physical and natural systems, such as, but not limited to,traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. :“Traffic will increase slightly as a Applicant’s statements regarding the criteria of Section 5.103.12.C.3 result of the development, although the impact is negligible relative to existing traffic volumes on Hardcastle Ave in the vicinity of the project. Storm drainage runoff from the post developed site will be attenuated to the predeveloped rate with a detention system causing no additional impacts. There are no significant land forms or parks located within the vicinity of the proposed development.” Findings regarding Section 5.103.12.C.3: The development allowed by the requested variances is not anticipated to affect drainage or other physical or natural systems. There are no dramatic land forms nearby. Nelson Park, the nearest public park, is approximately 1,100 feet away by road. Section 5.103.12.C.4: The variance is the minimum deviation necessary to make reasonable economic use of the property. Applicant’s statements regarding the criteria of Section 5.103.12.C.4:“The existing property is approximately 170 feet wide. In order to develop the subject property in traditional subdivision configuration, residential lots are required on both sides of a public street serving the development. All of the proposed variances are the minimum required to allow the property to develop in a manner typical of subdivisions. If lots could only be constructed on one side of a public street, it would be economically infeasible to develop the subject property.” Findings regarding Section 5.103.12.C.4:The requested variancedoes not involve the driving or parking lanes, or affect the functionality for vehicular traffic. Section 5.103.12.C.5: The variance does not conflict with the Woodburn Comprehensive Plan. Applicant’s statements regarding the criteria of Section 5.103.12.C.5:“The Woodburn Comprehensive Plan does not specifically address lot dimensional or area standards. The only consideration in the comprehensive plan relevant to the proposed variance is buildable land inventory. The comprehensive plan clearly indicates a need for all types of residential housing including the subject Low Density Residential designation. Approval of the requested variance will allow the property to develop in a manner typical of subdivisions and optimize the number of lots within this infill project. Allowing the property to fully develop, through approval of this variance, is in keeping with the identified need for additional buildable land.” Findings regarding Section 5.103.12.C.5:Goal H-2 of the Comprehensive Plan is to develop a street system that will handle projected year 2020 traffic demands in the Woodburn area, and interconnects residential areas with employment centers, schools, parks, churches, and regional transportation facilities.The property is zoned Residential Single-Family (RS) and is designated Low Density Residential on the Comprehensive Plan Map. The proposed use of the property is single-family residential. Abutting properties are zoned Residential Single-Family (RS) and Medium Density Residential (RM), and are designated Low Density I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 26 of 32 41 Residential and Medium Density Residential on the Comprehensive Plan Map. The proposed design anticipates the future extension of Centennial Driveto provide looped traffic flow. : The property is not “unbuildable by application of the WDO.” Conclusions regarding Section 5.103.12.C The requested variances would not alter existing patterns of traffic or drainage, or other physical or natural systems, or be materially injurious to adjacent properties. The requested variances do not conflict with the Woodburn Comprehensive Plan. Overall Summary The proposed small-lot subdivision is similar to a Planned Unit Development (PUD). Since the land does not meet the minimum area requirement for a PUD,this package of variances is the only option to implement the proposed development. The proposal should be viewed as a package, with eachvariance being a necessary element of the entire project. Agency Comments The Public Works Department made the following comments, to be resolved prior to approval of the final plat: Actual Geodetic Elevations are required for all storm and sanitary sewer facilities. Public Works needs to obtain the revised storm drainage report for this subdivision. Sewer laterals for Lots 8, 9, 11, 12, and 13 are in conflict with the proposed tree locations. The PUE is not shown on the preliminary plat sheet – the PUE needs to be shown on this sheet. Centennial Drive should be 34” wide throughout the development; the transition to 29’ should occur with the future easterly development. Ensure that all proposed homes can be reached per Woodburn Fire District requirements (250’). Sanitary sewer lateral and water line are too close to each other for Lots 12 and 6. Sanitary sewer lateral and water line to Fire Hydrant are too close to each other for Lot 15. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 27 of 32 42 The Building Official made the following comments: Because the proposed houses will be built to the setback lines (with no room for error), foundation surveys will be required aspart of the building permit and construction process. A 12’ front setback with a 10’ PUE leaves an inadequate angle of repose to the foundation if a utility is trenched in at the edge of the PUE. A narrower PUE, limiting excavation to a narrower area, or requiring deeper foundations in front could resolve this issue. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 28 of 32 43 STAFF RECOMMENDATION The Planning Commission unanimouslyrecommends approval of cases SUB 2012-01, VAR 2012-02, and EXCP 2012-01, subject to the following conditions of approval: 1. The property owner shall execute an acceptance of these conditions on a form provided by the City. 2. The property owner shall develop and maintain the subject property in accordance with all provisions of the WDO, whether or not addressed in the staff review, conditions of approval, or public hearing. 3. The property shall be developed in substantial conformity to the plans attached hereto as Exhibits A through G. 4. The property owner shall submit a street tree plan that shows the equivalent of at least 41 small, 31 medium, or 20 large street trees (per Section 6.103) and shall identify the species of street tree to be planted. 5. Two off-street parking spaces per dwelling unit in a garage will be required during the building permit process, in accordance with Table 3.1.2. 6. The property owner shall enter into a non-remonstrance agreement with the City to participate in future street improvements to Hardcastle Avenue. 7. The property owner shall resolve the following items with the Public Works Department prior to approval of thefinal plat: Actual Geodetic Elevations are required for all storm and sanitary sewer facilities. Public Works needs to obtain the revised storm drainage report for this subdivision. Sewer laterals for Lots 8, 9, 11, 12, and 13 are in conflict with the proposed tree locations. The Public Utility Easement (PUE) is not shown on the preliminary plat sheet – the PUE needs to be shown on this sheet. Centennial Drive should be 34” wide throughout the development; the transition to 29’ should occur with the future easterly development. Ensure that all proposed homes can be reached per Woodburn Fire District requirements (250’). Sanitary sewer lateral and water line are too close to each other for Lots 12 and 6. Sanitary sewer lateral and water line to Fire Hydrant are too close to each other for Lot 15. I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 29 of 32 44 ATTACHMENTS AND EXHIBITS Attachment “A” Kalugin Estates Subdivision Land Use Application, dated March, 2012 Attachment “B” Supplemental variance request and findings, dated May 15, 2012 Attachment “C” Supplemental revised findings, dated June 28, 2012 Attachment “D” Planning Commission minutes of July 26, 2012 Attachment “E” Planning Commission’s Final Order of August 9, 2012 Exhibit “A” Cover Sheet,sheet P.1, dated June 25, 2012 Exhibit “B” Preliminary Plat, sheet P.2, dated June 25, 2012 Exhibit “C” Existing & Proposed Site, sheet P.3, dated June 25, 2012 Exhibit “D” Location Map, sheet P.4, dated March 20, 2012 Exhibit “E” Aerial Photograph, sheet P.5, dated March 20, 2012 Exhibit “F” Site Rendering, sheet P.6, dated March 20, 2012 (also submitted as Figure 17 in Attachment “A”) Exhibit “G” Building Elevations, sheet P.7, dated March 20, 2012 (also submitted as Figures 18-20 in Attachment “A”) I:\Executive Legal Assistant\01 - Attorney\Council\2012\September 24\Kalugin DECDP Staff report Council.docx Page 31 of 32 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 126 131 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 Agenda Item September 24, 2012 TO:Honorable Mayor and City Councilthrough City Administrator FROM:Christina Shearer,Acting Finance Director SUBJECT: Woodburn Ambulance Franchise : RECOMMENDATION Adopt the Ordinance. : BACKGROUND In 2002 the City and Woodburn Ambulance Service, Inc. (WAS) entered into a 10 year nonexclusive franchise agreement to provide emergency ambulance services within the city limits. During the course of the agreement, WAS has complied with all provisions of the franchise and remains in good standing in respect to the franchise and county plan. At your last meeting, on September 10, 2012, a public hearing was held and the City Council indicated it wanted to proceed with the adoption of a new franchise. Since the currentfranchise agreement expires on October 1, 2012, an emergency clause is included in the ordinance so that franchised ambulance service can continue. : DISCUSSION The Franchise grants the operator the right to use the public rights of way to provide emergency transportation of persons suffering from illness, injury or disability. The Franchise is not exclusive, and the City reserves the right to grant a similaruse of public rights of way toanyother person at any time during the period of the Franchise, provided said person complies with the regulations of the ASA Plan and with Oregon state law. Other highlights of the new Franchise include: The Franchise would be valid for a period often (10) years following the effective date. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 188 Honorable Mayor and City Council September 24, 2012 Page 2 The Grantee would furnish ambulance service within the corporate limits of the City of Woodburn in a prompt, efficient and effective manner; and in accordance with rates approved by the City Council by separate resolution. The Grantee would make available ambulance services within the City24 hours per day, seven days per week, and would maintain a business office with reasonable office hours, within the corporate limits of the City of Woodburn. For the privilege ofthe Franchise, the Grantee would pay to the City a Franchise Fee calculated as one percent (1%) of the Franchise’s gross revenue derived from calls for service within the City of Woodburn's city limits for the calendar year ended the previous December 31.The fee will be paid on a quarterly basis. All ambulances in the City of Woodburn would be required to conform to the State of Oregon requirements of ORS Chapter 682 and be licensed for an Advanced Life Support (ALS) unit as EMT-Paramedic and one EMT- Basic. Grantee would equip all vehicles with emergency radio communications. Grantee would maintain Comprehensive General Liability Insurance in the amount of$1,000,000 combined with a single 1imit for bodily injury, and property damage. Grantee would provide a Certificate of Insurance designating the City of Woodburn as an additional insured. This Franchise may be canceled or revoked by the City in the event that Grantee failed to abide by the terms, conditions and obligations. : FINANCIAL IMPACT The fees collected under this franchise agreement will be dependent on the number of service calls within city limits for any given fiscal year. The fees collected during the 2010/11 fiscal year totaled $11,483.40. 189 COUNCIL BILL NO. 2904 ORDINANCE NO. 2494 AN ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE, INC., A NON- EXCLUSIVE FRANCHISE TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF WOODBURN; DEFINING TERMS AND CONDITIONS OF SAID FRANCHISE; REPEALING ORDINANCE2324;DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE the City of Woodburn has previously granted to Woodburn WHEREAS, Ambulance Service, Inc. a Franchise to operate an ambulance service within the corporate boundaries ofthe City; and ORS 682.031 acknowledgesthat a city may regulate WHEREAS, ambulance services by ordinance; and a city is authorized to franchise and charge carriers providing WHEREAS, vehicles for hire, including the services of an ambulance, provided said carriers meet the standards of the Marion County Ambulance Service Area Plan; and , the City Council determines it to be in the public interest to WHEREAS provide for and regulate the use of ambulance services; , NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: This ordinance shall be known as the "Ambulance Section 1. Title. Service Franchise Ordinance". The Council declares it to be in the Section 2. Policy and Purpose. public's interest of health, safety and welfare to provide for and regulate ambulance services within the City of Woodburn to: (1)Ensure effective and efficient emergency ambulance service to the residents of Woodburn; and (2)Comply with the provisions of the Marion County Ambulance Service Area (ASA) Plan. Pursuant toORS 682.031, this ordinance shall not be interpreted to require less than is required of Grantee by the applicable Oregon Revised Statutes and administrative rules. Any inconsistency between the provisions of this ordinance and Oregon state law shall be governed by Oregon state law. Page 1– Council Bill No. 2904 Ordinance No. 2494 190 The words and phrases used in this ordinance shall Section 3. Definitions. have the meaning provided in ORS Chapter 682 unless specifically defined herein to have a different meaning. Other specific definitions include: (1)"ASA Plan" - The Marion County Ambulance Service Area Plan. (2)"City" - The City of Woodburn (3) "Franchise" - A privilege granted by the City pursuant to this ordinance. (4) "Grantee" - The person granted a franchise pursuant to this ordinance. The City hereby grants unto Woodburn . Section 4. Franchise Granted Ambulance Service, Inc. the franchise, right and privilege, subject to such modifications as are hereinafter set forth, to operate an ambulance service within the corporate limits of the City of Woodburn, as such limits now exist or may hereafter be expanded. For the purpose of the franchise, Grantee shall have the right to use the public streets, alleys, public ways and places of the City to provide emergency transportation of personssuffering from illness, injury or disability. This Franchise is not exclusive, and the City reserves the right to grant a similar use of public streets, alleys, public ways and places to any other person at any time during the period of this Franchise, provided said person complies with the regulations of the ASA Plan and with Oregon state law. The rights, privilege and Franchise herein Section 5. Franchise Term. granted shall be valid for a period of ten (10) years following the effective date, or until expiration of any franchise or designation of service area granted pursuant to the ASA Plan, whichever occurs first. If the ten year period described herein occurs first, the term of this franchise may be extended, by ordinance, to a subsequent date coinciding with the expiration of any franchise granted pursuant to the ASA Plan, provided that a finding is made by the City that Grantee has fully complied with the terms and provisions of this Franchise and remains in good standing in respect to any such franchise granted pursuant to the ASA Plan. Grantee shall furnish ambulance service Section 6. Rates and Charges. within the corporate limits of the City of Woodburn as requested and required in a prompt, efficient and effective manner; and in accordance with rates and Page 2– Council Bill No. 2904 Ordinance No. 2494 191 charges made to persons receiving ambulance service as set forth by Council Resolution 1985.In determining the appropriate rates to be charged by Grantee, the City Council shall consider, but not be limited to: (1)The current and projected cost of providing such service; (2)The impacts of operating and capital needs, regulatory compliance, and technological change; (3)The investment and rate of return required of, or earned by, the Grantee; (4)The rates charged in other citiesfor similar service; (5)The public interest in assuring reasonable rates to enable the Grantee to provide effective and efficient services. Grantee shall Section 7. Compliance with Laws, Rules and Regulations. at all times comply with all applicable laws, rules and regulations of the United States of America, the State of Oregon, including all agencies and subdivisions thereof, and the City of Woodburn, having jurisdiction over the operation of ambulance services. Upon the effective date of this Franchise, Section 8. Performance Bond. Grantee shall furnish proof of the posting of a performance bond running to City, with good and sufficient surety approved by City, in the penal sum of $50,000, conditioned that Grantee shall well and truly observe, fulfill, and perform each term and condition of this Franchise. Grantee shall pay all premiums charged for the bond, and shall keep the bond in full force and effect at all times throughout the term of this Franchise. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire without 30 days prior written notice first being given to City. The bond shall be reviewed and approved as to form by the City Attorney. The rates provided in Section 6 Section 9. Revision of Rates and Fees. hereof, may be changed and revised, either upward or downward, after public notice and hearing before the City Council. Grantee is permitted to request a rate review and possible increases in rates annually, but the decision to grant or deny any changes in rates shall be made by the City Council only after all other provisions of this Ordinance pertaining to rates and charges have been met. For the privilege of the Franchise herein Section 10. Franchise Fee. granted, and as compensation for use of the City's streets and rights of way, the Page 3– Council Bill No. 2904 Ordinance No. 2494 192 Grantee shall pay to the City, through its Finance Director, a quarterly Franchise Feebased on the Franchisee’s gross revenue derived from calls for service within the City of Woodburn’s city limits for the calendar year ended the previous December 31. The quarterly Franchise Feewill be calculated as one percent (1.0%) of the Franchisee’s gross revenue earned in Woodburn divided by four (4). The Franchise Fee shall be due and payable no later thanthirty (30) days following the end of each calendar quarter. The first such payment, for the fourth calendar quarter of 2012, shall be due and payable no later than January 30, 2013, with subsequent payments under this section due and payable no later than thirty (30) days following the end of each succeeding calendar quarter. To facilitate the City's ability to properly monitor this Franchise, Grantee shall furnish to the City's Finance Director, no later than May 31st of each year, a detailed annual statement, signed by a Certified Public Accountant, outlining the nature of Grantee's revenues and expenditures during the preceding calendar year. If requested in writing by the City, the Grantee shall, upon provision of reasonable advance notice, permitthe City's Finance Director, or designee, to examine the books of the Grantee. The City shall further have the right to audit Grantee’s records, to make transcripts therefrom and toinspect all program data, documents, proceedings, and activities. All patient transporting Section 11. Ambulance and Equipment Required. vehicles in the City of Woodburn shall conform to the State of Oregon requirements of ORS Chapter 682 and be licensed for an Advanced Life Support (ALS) unit as defined by The Oregon Administrative Rules. All ALS and BLS vehicles shall maintain the minimum equipment prescribed by state law, and as may be further required under the ASA Plan. Grantee shall provide a minimum of two (2) operable and properly equipped ALS Units at all times. Grantee shall equip all Section 12. Emergency Radio Communications. vehicles and comply with all emergency radio communications requirements of the ASA Plan or of the Intergovernmental Agreement creating the NORCOM emergency communications agency. All ambulances answering 9-1-1 emergency Section 13. Levels of Care. calls originating in the City of Woodburn shall be ALS Level, with minimum staffing of one EMT-Paramedic and one EMT-Basic. Staffing shall further conform to the requirements of state law. . Grantee shall maintain in full force and effect at Section 14. Insurance its own cost and expense, during the term of the Franchise, Comprehensive Page 4– Council Bill No. 2904 Ordinance No. 2494 193 General Liability Insurance in the amount of $1,000,000 combined with a single limit for bodily injury,and property damage. Grantee shall provide to the Finance Director a Certificate of Insurance designating the City of Woodburn as an additional insured. Such insurance shall be noncancellable except upon thirty (30) days prior written notice to the City. Grantee shall make available said Section 15. Business Hours. ambulance services within the City 24 hours per day, seven days per week; and shall maintain a business office with reasonable office hours, open to the public at least five days per week, excluding holidays, within the corporate limits of the City of Woodburn. Grantee shall keep for five years a Section 16. Record of Transport Calls. written record of all transport calls received or made, setting forth the date, time, destination, natureof call, name and address of the patient so far as can be ascertained, the hospital or place to which the patient was taken, the names of all ambulance attendants for that particular call, along with the amounts of charges billed or collected from any such transport or service. The Woodburn Fire District, Section 17. Alternative Ambulance Service. NORCOM, or any other public safety officer may call an ambulance service other than the Grantee if Grantee's ambulances are otherwise in use and unavailable. Grantee shall not sell, assign, dispose of Section 18. Transfer of Franchise. or transfer in any manner whatsoever any interest in this Franchise, nor the controlling company of Grantee, without prior approval by the City expressed by resolution ofits City Council. Grantee shall defend, Section 19. Indemnity and Hold Harmless. indemnify, and hold the City of Woodburn, its officers, agents and employees, harmless against all liability, loss or expenses, including attorney's fees, and against allclaims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property caused by any act or omission or an act sustained in connection with the performance of Grantee under its Franchise. Notwithstanding any requirements Section 20.Interruption of Service. contained in the ASA Plan, in the event the City finds that failure or threatened failure of ambulance service would adversely impact the health, safety or welfare of the residents of this city, the City Council may, after a minimum of 24 hoursnotice to the Grantee, hold a public hearing and authorize another Franchisee or other person to provide ambulance service, whether it be on an Page 5– Council Bill No. 2904 Ordinance No. 2494 194 interim emergency or longer term basis. As a condition to this Franchise, the Grantee agrees that any real property, facilities or equipment, which is the property of Grantee, may be used by the City to provide ambulance services during said situation, as determined by the findings of the City Council at the above-mentioned public hearing. The City shall return any such property of the Grantee upon abatement of the situation which prompted City use of such property. In the event the City's power and authority under this section is exercised, the usual charges for service shall prevail and Grantee shall be entitled to collect for such usual services, but shall reimburse the provider of such ambulance services for its actual costs, as determined by the City. In no event shall the City collect more in reimbursement than could have been charged by Grantee for the provision of such services. In the event that the City and Grantee are unable to agree to reasonable and proper compensation for reimbursement for such services to the City in such situation, then each party shall namean arbitrator within ten (10) days of notice thereof, and such arbitrators shall, within five (5) days thereafter, name a third arbitrator, and the award or decision of such arbitrators as to the aforesaid matters shall be deemed conclusive upon the parties hereto as to any such matters in dispute. In the event that either party hereto, or the arbitrators chosen, shall fail or neglect to comply with the terms of this arbitration agreement, then the same shall be carried into effect in the manner and as provided by ORS 36.600 through 36.740. This Franchise may be canceled or . Section 21. Termination of Franchise revoked by the City in the event that Grantee shall fail to abide by the terms, conditions, and obligations set forth and imposed upon it herein, but such cancellation or revocation shall not be made until after thirty (30) days' written notice is given to Grantee. Grantee shall be afforded a hearing, before the City Council, provided such hearing is requestedin writingbefore the expiration of the 30 days. Grantee shall also have the privilege of terminating this Franchise in case the City of Woodburn shall not abide by its terms, on the same terms and conditions described above, upon satisfactory demonstration to the City Council that the City has not so abided. All remedies under this Ordinance, Section 22. Remedies Not Exclusive. including termination of the Franchise, are cumulative, and recovery or enforcement of one is not a bar to the recovery or enforcement of any other remedy. Remedies contained in this ordinance, including termination of the Franchise, are not exclusive and the City reserves the right to enforce penal provision of any ordinance and also use any remedy available at law or in equity. Failure to enforce any provision of this ordinance shall not be construed Page 6– Council Bill No. 2904 Ordinance No. 2494 195 as a waiver or a breach of any other term, condition or obligation of this ordinance. Grantee shall meet with the City Section 23. Evaluation of Service. Administrator and other City officials and staff annually or semi-annually, as requested by the City Administrator, to evaluate the service rendered under this Franchise or review any concern as may be existing with the ambulance service. The provisions of this ordinance are severable. If . Section 24. Severability a portion of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. Ordinance 2324is hereby . Section 25. Repeal of Existing Ordinances repealed on the effective date of this ordinance. Grantee shall, within thirty (30) days from the Section 26. Acceptance. date this ordinance takes effect, file with the City its written unconditional acceptance of this franchise in the form attached hereto as Exhibit "A", and if Grantee fails to do so, this ordinance shall be void. This Ordinance being Section 27.Emergency Clause and Effective Date. necessary for the immediate preservation of the public peace, health and safety, so that franchised ambulance service can continue, an emergency is declared to exist and this Ordinance shall take effect on October I, 2012 and shall remain in effect until modified or rescinded by ordinance of the City Council. Approved as to form: CityAttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Page 7– Council Bill No. 2904 Ordinance No. 2494 196 ATTEST: Heather Pierson, Assistant City Recorder City of Woodburn, Oregon Page 8– Council Bill No. 2904 Ordinance No. 2494 197 EXHIBIT “A” ACCEPTANCE OF FRANCHISE the City of Woodburn, Oregon under date of WHEREAS, __________________passed Ordinance No. ____ entitled as follows: AN ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE, INC., A NON-EXCLUSIVE FRANCHISE TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF WOODBURN; DEFINING TERMS AND CONDITIONS OF SAID FRANCHISE; AND REPEALING ORDINANCE 2324; DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE , the undersigned, Woodburn Ambulance Service, Inc., NOW, THEREFORE the Grantee named in said Ordinance does for itself and its successors and assigns unconditionally accept the terms, conditions and provisions of Ordinance No. _____ and agree to be bound thereby and comply therewith. the WoodburnAmbulance Service, Inc. has caused IN WITNESS WHEREOF, this instrument to be executed by its officer as below subscribed this __________day of___________, 2012. WOODBURN AMBULANCE SERVICE, INC. By: __________________ Printed Name: Title: Received by the City ofWoodburn, this _______day of ____________2012. CITY OF WOODBURN By: __________________ Printed Name: Title: Page 9– Council Bill No. 2904 Ordinance No. 2494 198 Agenda Item September 24, 2012 TO:Honorable Mayor and City Council FROM:N. Robert Shields, City Attorney SUBJECT: Extension of WAVE Cable Television Franchise : RECOMMENDATION Adopt the ordinance amending Ordinance 2307 (the WAVE cable television franchise) to extend the franchise expiration dateuntil December 31, 2012. : BACKGROUND/DISCUSSION As the City Council is aware, during the past few months, the City has been in the process of franchise renewal discussions with WAVE representatives. OnJune 11, 2012, WAVE gave the City formal notice of its “transfer of control” filing with the Federal Communications Commission. This WAVE restructuring involved a change in private equity financing. Citystaff was able to review the voluminous amount of material required to be submitted and meet the federally required timeline of 120 days. On staff’s recommendation, the City Council approved WAVE’s transfer of control on August 13, 2012. While the cable television franchise negotiations have been amicable and are ongoing, they have beeninterrupted by WAVE’s “transfer of control” application and other competing matters. Both WAVE’s legal counsel and City staff request that the City Council adopt the franchise extension ordinance. An emergency clause is included so that WAVE can continue to operate its cable television system during the negotiation period. : FINANCIAL IMPACT None. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 199 COUNCIL BILL NO. 2905 ORDINANCE NO. 2495 AN ORDINANCE AMENDING ORDINANCE 2307 (THE WILLAMETTE BROADBAND, LLC/WAVEDIVISION VII, LLCCABLE TELEVISION FRANCHISE)TO EXTEND SAID FRANCHISEORDINANCE UNTILDECEMBER 31, 2012AND DECLARING AN EMERGENCY. Ordinance 2307 granteda franchise(“the Existing Franchise”) WHEREAS, to Willamette Broadband, LLCto operate a cable television systemfor a 10 year period within the corporate limits of the City of Woodburnunder the terms and conditions of the November14, 2001 Cable Television Franchise Agreement between the City of Woodburn, Oregon and Willamette Broadband, LLC (as successor-in-interest to DirectLink of Oregon, Inc.); and WaveDivision VII, LLCpurchased the cable television system WHEREAS, serving the City of Woodburn from Willamette Broadband, LLC and remained subject to the Existing Franchise; and the parties to the Existing Franchise have been negotiating in WHEREAS, good faith towards renewal; and the parties now believe thatit would be in their mutual interest WHEREAS, to extend the Existing Franchise until December 31,2012; and a representative of WaveDivision VII, LLC has consented to this WHEREAS, extension of the Existing Franchise; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 3 of Ordinance 2307is amended to read as follows: Section 1. Section 3.The Franchise shall expire on December 31, 2012 This ordinance being necessary for the immediate preservation Section 2. for the public peace, health, and safety, in that it is important that the franchisee under the Existing Franchiseis able to continue tooperate a cable television systemwhile negotiations take place, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Page 1 – Council Bill No. 2905 Ordinance No. 2495 200 Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, AssistantCity Recorder City of Woodburn, Oregon Page 2 – Council Bill No. 2905 Ordinance No. 2495 201 Agenda Item September 24, 2012 TO:Honorable Mayor and City Council FROM:Scott C. Derickson, City Administrator SUBJECT: Extension of Data Vision Franchise : RECOMMENDATION Adopt the ordinance amending Ordinance 2291 (the DataVisionfranchise) to extend the franchise expiration dateuntil December 31, 2012. : BACKGROUND/DISCUSSION The City has been coordinating the renegotiation of the Data Vision franchise with the renewal of the WAVE cable television franchise. Since it has become necessary to continue the WAVE franchise until December 31, 2012, the Data Vision franchise should also be extended. An emergency clause is included so that Data Vision can continue to operate during the negotiation period. I have contacted John Hoffman, the President/CEO of Data Vision, and he agrees with this extension. : FINANCIAL IMPACT None. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 202 COUNCIL BILL NO. 2906 ORDINANCE NO. 2496 AN ORDINANCE AMENDING ORDINANCE 2291 (THE DATA VISION COMMUNICATIONS/DATA VISION, LLC FRANCHISE)TO EXTEND SAID FRANCHISE ORDINANCE UNTIL DECEMBER 31, 2012 AND DECLARING AN EMERGENCY. Ordinance 2291granteda franchise(“the Existing Franchise”) WHEREAS, to Data Vision Communications to place telecommunication facilities in City right-of-way for a 10 year periodwithin the corporate limits of the City of Woodburn;and the parties to the Existing Franchise have been negotiating in WHEREAS, good faith towards renewal; and the parties now believe thatit would be in their mutual interest WHEREAS, to extend the Existing Franchise until December 31, 2012; and a representative of Data Vision Communications, LLC has WHEREAS, consented to this extension of the Existing Franchise; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 4 of Ordinance 2291is amended to read as follows: Section 1. Section 4.The Franchise shall expire on December 31, 2012 This ordinance being necessary for the immediate preservation Section 2. for the public peace, health, and safety, in that it is important that the Franchisee under theExisting Franchise is able to continue tooperate while negotiations take place, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Page 1 – Council Bill No. 2906 Ordinance No. 2496 203 Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, Assistant City Recorder City of Woodburn, Oregon Page 2 – Council Bill No. 2906 Ordinance No. 2496 204 Agenda Item September 24, 2012 TO:Honorable Mayor and City Council FROM:Scott C. Derickson, City Administrator SUBJECT: Bargaining Agreement with Local 642, AFSCME : RECOMMENDATION Adopt the attached resolution authorizing execution of a collective bargaining agreement with the American Federation of State, County, and Municipal Employees, Local 642. : BACKGROUND In May 2012, AFSCME and the City opened bargaining for the contract year beginning July 1, 2012. Based on the results of negotiations conducted pursuant to your guidance, a tentative three year agreement was reached with AFSCME. The agreement was ratified by a majority of the AFSCME membership on September 18, 2012. : DISCUSSION Ratification of the new three year collective bargaining agreementrepresents a real achievement for both the City and the Union. The bargaining process was conducted professionally at all times and it allowed us to focus on important issues with very positive outcomes. Major accomplishments include the following: 1.A total revamp of our health benefits plan that puts more responsibility on the individual employee to “manage” their utilization. This is achieved through the adoption of the CIS high deductible health plan structure. Also, importantly significant savings arerealized by the City, especially important was our maintaining the 85%-15% premium share arrangement. 2.A restructure of the wage schedule that recognizes critical positions while at the same time gives everyone at least one pay increase over the term of the contract; total wage costs for the 3-year Agreement are Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___ 205 Honorable Mayor and City Council September 24,2012 Page 2 approximately 2%. We also have added important new language that begins to incentivize certain public works positions. 3.Improved contracting workforce language should we need it. The new language now more accurately reflects our actual work environment. This is especially important should we have a future need for further reductions and/or layoffs. 4.A new substance abuse policy that is very nearly the same language as what we have with the WPA. 5.Improved leave language requiring a higher standard of documentation for missed work time. 6.Improved contract administration flexibility, our overall ability to “manage” various contract requirements such as pay period configuration, streamlined grievance language, and many “housekeeping” changes because of compliance and/or operational needs. In summary, these are very difficult times to be negotiating labor agreements. Through hard work by many people on the management team and a lot of meetings we are able say that we have an agreement that will provide us with the operational flexibility we need in these highly uncertain times. : FINANCIAL IMPACT As previously presented to the City Council, the proposed contract represents savings in overall health care costs, makes modest adjustments to some compensation packages and meets the City Council’s financial objectives per the Councils adopted Five Year Financial Forecast and Budget Policies. Attachments Draft AFSCME Agreement Resolution 2018 206 COLLECTIVE BARGAINING AGREEMENT between CITY OF WOODBURN & CITY OF WOODBURN LOCAL 642 AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES AFL-CIO. A 3-year agreement to expire on June 30, 2015. PREAMBLE This Agreement is entered into between the City of Woodburn, Oregon, hereinafter referred to as the City, and the City of Woodburn Local 642, American Federation of State, County, and Municipal Employees AFL-CIO, hereinafter referred to as the Union. The purpose of this Agreement is to set forth the entire Agreement between the parties on matters relating to wages, hours, working conditions, and fringe benefits. 1 207 Table of Contents 2 208 ARTICLE I–RECOGNITION 1.1 INCLUDED POSITIONS: The City recognizes the Union as the sole and exclusive bargaining agent for full-time and part-time (regularly scheduled to work 20 hours per week or more) employees in the bargaining unit with respect to matters relating to wages, hours, and working conditions. Appendix A, attached hereto and by reference incorporated herein, is a listing of all bargaining unit employees. Supervisory employees and confidential employees as governed by State statute, irregular part-time employees regularly scheduled to work less than twenty (20) hours per week (except in circumstances that they must replace full-time and part-time employees on a temporary basis), seasonal and special projects employees, who shall not be employed by the City for more than nine (9) months in any calendar year, and persons hired for a limited period of time for training funded in whole or in part, by the state, federal, or other governmental unit are specifically excluded. 1.2 NEW POSITIONS: In the event the City creates a new classification or revises a current classification that would place the classification in the bargaining unit, the Union will be notified of such classification before any employees are hired in such new classification. If the Union disagrees with the proposed salary range, the Union shall notify the City within fifteen (15) days in writing if it wishes to discuss the wage or other conditions of employment for the classification, and an additional fifteen (15) days in which to commence discussion on the issue. If the parties are not in agreement over the proposed salary range or other issues, the City may fill the position with its proposed salary rate serving as a provisional salary rate until the above-described discussions have resulted in an agreement on the issue. If the parties subsequently agree upon a salary rate that is different than the initial City-proposed rate, such agreed-upon rate shall be retroactive to the date that the position was filled. ARTICLE 2-UNION RIGHTS 2.1 FAIR SHARE: 1.The City agrees to deduct the uniformly required Union membership dues and other authorized fees or assessments once each month from the pay of those employees who have authorized such deductions in writing. Except as provided in the following, an amount equal to the prorate share of the bona fide cost to the Union of representation of the unit, as certified by the Union to the City, the fair share amount will be deducted from the pay of employees in the bargaining unit who have not provided the City with such authorization, with such amount to be deducted thirty (30) days after their date of hire. Such fair share amount shall not exceed the amount of Union dues. The amounts so deducted, both fair share and Union dues, shall be remitted on a monthly basis. The aggregate deductions of all employees shall be remitted by Automatic Clearing House (ACH) th transfer if requested by the AFSCME, together with an itemized statement, to the AFSCME by the tenth (10) day of the succeeding month after such deductions are made. Such itemized statement shall also include a list of the employees subject to the deduction. The City agrees to deliver all notices through its internal routing system to fair share payers when requested by the union to do so. Said notices will be delivered to the City, addressed to each individual fair share payer. 2.The provisions of Section 1 hereof shall not apply if an employee objects in writing to the City, based on such employee's membership in a bona fide church or religious group whose tenets or teachings are contrary to such payment. The City will provide the Union with a copy of any such letter within five (5) days of its receipt. In such instances, the employee shall authorize a deduction from his or her pay which is equal to the fair share amount. Such payroll deduction shall be in addition to any previously established deduction and shall be for the United Fund or other mutually satisfactory charitable organization as agreed to between the employee and the Union. For the purpose of calculating months to determine the beginning or end of the payroll deductions called for in Sections 1 or 2 of this Article, dues or like amounts shall be deducted for any calendar month during which the employee works ten (10) days or more. 3 209 The Union will indemnify, defend and hold the City harmless against any claim made and against any suit instituted against the City as a result of any City action taken pursuant to the provisions of this Article. The Union and the City each agree to reimburse any monies paid or not paid in error within thirty (30) days of notification of such error. 2.2 BUSINESS REPRESENTATIVES: Upon reasonable notice and proper introduction, official Union representatives may be allowed access to work areas. Such visits shall be confined to rest periods and lunch periods. At no time shall visits cause an interruption of work. The Union shall provide the City with an updated list of authorized representatives, who shall number no more than two at anyone time. 2.3 STEWARDS: The Union shall appoint four stewards, one of whom shall serve as Chief Steward. The Union shall provide the City with timely written notification of all steward appointments. All meetings held with City management pursuant to Steps I through IV of the Grievance Procedure (Article 18) hereof, shall include the grievant and/or a union representative of the Union's choosing. Stewards who attend meetings with City representatives pursuant to the above shall suffer no loss of regular pay as a result of such attendance. The City shall, however, be under no obligation to hold such meetings during the paid time of the stewards and other employees attending same. Except as provided above, all time taken off by stewards shall be without pay. It shall be the responsibility of each individual employee to provide reasonable advance notice to his or her immediate supervisor when time away from the job will be required under this section. Union Business Agents may attend meetings held pursuant to any step of the Grievance Procedure, provided the City has received reasonable advance notice of such attendance. 2.4 BULLETIN BOARDS: In accordance with past practice, the Union will be allowed use of adequate space on designated City bulletin boards to post information regarding Union business. Specifically, such notices will include information about time and place of meeting, Union social and charitable activities, and posting of official Union publications. 2.5 CONTRACT RENEWAL: The Union's negotiation team, to be comprised of no more than three on-duty employees, shall be permitted to attend negotiating sessions with the City without loss of their regular pay relative to securing contract renewal; provided, however, that such release from duty time shall not exceed an aggregate of ninety (90) working hours. It shall be the responsibility of each individual employee to provide reasonable advance notice to his or her immediate supervisor when time away from the job will be required under this section. 2.6 CONTRACT PRINTING AND DISTRIBUTION: The City shall, at no cost to the Union, provide the Union with the original copy of this Agreement. The Union shall provide at its cost a copy of this Agreement to each current employee, and the City shall provide at its cost a copy of this Agreement to each employee who is hired during the term of this Agreement. 2.7 ADDRESSES: The City will provide current home addresses for all bargaining unit employees upon request. ARTICLE 3-NON-DISCRIMINATION This Agreement shall apply equally to all members of the bargaining unit, regardless of race, creed, color, national origin, religion, marital status, family relationship, sex (includes pregnancy-related conditions), sexual orientation, mental or physical disability, political affiliation, or association with a protected class The Union and the City shall equally share the responsibility for upholding this provision of the Agreement. However, it is recognized that both state and federal law 4 210 provide the means for resolution of discrimination questions. Therefore, a claimed violation of the provisions of this Article shall not serve as the basis for a claim of a violation of this Agreement. ARTICLE 4-HOURS OF WORK 4.1 GENERAL PROVISIONS: A full-time employee's work week shall consist of five (5) consecutive work days, not necessarily Monday through Friday, followed by two (2) consecutive days off. A full-time employee's regular workday shall be eight (8) consecutive hours except for an unpaid lunch period. Full-time employees' work schedules showing workdays, shift assignments, and work hours will be posted fourteen (14) days in advance by the City on bulletin boards available to affected employees. Except in an emergency or in such instances that a shift position is vacant due to a circumstance outside the control of the City, such as illness on a temporary basis, established work schedules will not be changed without fourteen (14) days written notice to the affected full-time employees. For the purposes of this Agreement, emergency shall be defined as the performance of City functions or services necessary to protect or reserve the lives, safety, health, or property of the citizens of Woodburn threatened by unusual or unforeseen circumstances. Nothing in this Article or any part of this Agreement shall be construed as a guarantee of hours of work. 4.2 WORK DAY AND WORK SHIFT ROTATION: When a change in the assigned work day schedule or change in shift occurs, the provisions of 4.1 shall not apply. Such rotation shall not normally occur more than once each four weeks. In such instances, overtime shall not be required unless it is required under Article 9 of this Agreement. 4.3 SHIFT ASSIGNMENTS: Excepting probationary employees, who may be assigned to work any shift, the City shall do one of the following within each operational area: 1.Allow employees within a given classification and job assignment to select their shift assignment based upon seniority with the most senior employee to select his or her desired shift first; or 2.Provide for a rotation of shift assignments whereby all employees within a given classification and job assignment serve an equal amount of time on each of the available shifts or work schedules. 4.4 WORK SCHEDULE FLEXIBILITY: It is not the intention of this Article to prevent the City and an individual employee from mutually agreeing to alternative work schedule(s). Such alternative work schedule may be initiated by either the City or an employee(s), but must be reduced to writing before it is implemented. In the event an employee requested flexible work schedule is denied, the employee shall be provided the operational reason for such a refusal by the Department head. Refusals of flexible scheduling by the Department Head are not grievable but may be subject to review by the City Administrator. In all cases, the City reserves any and all management rights related to scheduling employee work hours, or any other rights that may be applicable under this article. An alternative work schedule shall conform to the requirements of the Fair Labor Standards Act but may be at variance with the provisions of 4.1, 4.2, and 4.3 of this Article and may also, notwithstanding the provisions of 9.1, allow an employee to agree to a work schedule that includes more than eight (8) hours of daily work without overtime pay. 4.5 PART-TIME EMPLOYEES: Part-time employees are included under the provisions of this Article as it is applicable to their work assignments. 5 211 ARTICLE 5–HOLIDAYS 5.1 HOLIDAYS OBSERVED: Employees shall receive the following paid holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Fourth of July July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Day Friday after the fourth Thursday of November Christmas Eve last half of the shift on December 24 Christmas Day December 25 After completion of six (6) months of continuous service, each employee shall be entitled to one (1) floating holiday with pay during each fiscal year. The floating holiday shall be taken at the option of the employee, subject to the operating requirements of the City operations. Part-time employees shall earn pro rata holiday benefits based on the relationship of their regularly scheduled work week bears to that of a full-time employee. 5.2 HOLIDAY PAY: For employees hired after July 1, 2012 eligibility for holiday pay shall require 90 calendar days of full employment. If an employee's scheduled day off falls on such holiday, he or she shall be granted a postponed holiday with pay to be taken at the mutual convenience of the employee and the City. If the employee is on authorized vacation or sick leave with pay when a holiday occurs, such holiday shall not be charged against such leave. Eligible employees shall receive one day's pay for each of the holidays listed above on which they perform no work. Employees required to work on a recognized holiday shall be compensated in cash for all hours worked on the holiday and oneand-one-half times (1-1/2) times the established straight-time rate, in addition to their regular holiday pay. In lieu of holiday premium pay, the city and an employee may agree to an alternative day off with pay. Such agreement shall be in written form and executed prior to the holiday. When a holiday occurs on a day which an employee is regularly scheduled to work more than eight hours (such as for an employee working a four 10 hour day schedule), the employee may chose one of the following options: 1.Receive eight (8) hours of holiday pay and charge two (2) hours against any of the employees accrued leave; except sick leave 2.Receive eight (8) hours of holiday pay and forfeit two (2) hours of pay 3.Change to a work schedule of five 8-hour days for the entire week. To select this option the employee must notify the supervisor at least seven (7) days in advance of the start of the work week and receive approval from the supervisor to do this 4.With the supervisors approval work two (2) extra hours during the same work week. These two (2) extra hours will be paid at the employee’s regular straight time rate of pay. 6 212 5.3 WEEKEND HOLIDAYS: Whenever a holiday falls on Sunday, the following Monday shall be observed as the holiday. Whenever a holiday falls on Saturday, the previous Friday shall be observed as the holiday. ARTICLE 6-VACATION 6.1 VACATION ACCRUAL: Full-time employees shall accrue working days of vacation per calendar year outlined below. Accrued vacation shall be credited as earned vacation for each full calendar month of service, in accordance with the above, except that vacation accrued during the first six (6) months of continuous service shall not be credited as earned vacation until the employee completed the first six (6) months of continuous service. An employee's earned but unused vacation credits shall not be allowed to accumulate beyond double his or her annual accrual rate. In the event that the employee will exceed the cap within the following 90 days, the employer shall notify the employee. The employee shall then have the opportunity to schedule vacation so as not to exceed the cap. Vacations already scheduled and approved shall not be counted against the cap, provided that such scheduled vacation shall be utilized prior to March 30 immediately subsequent the date employee would have otherwise exceeded the cap. The City may initiate a mandatory vacation of sufficient duration to reduce unused vacation below the maximum allowable accumulation. Part-time employees shall earn pro-rata vacation benefits based upon the relationship their regularly schedule workweek bears to that of a full-time employee. Vacation accrual schedule An employee will, upon successful completion of their probationary period be credited with 44 hours of vacation. Below is the table of the vacation accrual schedule. Length of Service Full-Time Hourly Accrual Per Month Full-Time Days Per Year Max Accrual in Days 22 days 7-24 months-Up to year 2 7.34 hours 11 days 24 days 25-48 months - Begin of 8 hours 12 days year 3 to end of year 4 49-72 months - Begin of 30 days 10 hours 15 days year 5 to end of year 6 73-108 months - Begin of 34 days 11.34 hours 17 days year 6 to end of year 9 109-156 months - Begin of 36 days 12 hours 18 days year 10 to end of year 13 157–168 months - Begin of 40 days 13.34 hours 20 days year 11 to end of year 14 169-228 months - Begin of 42 days 14 hours 21 days year 15 to end of year 19 229-240 months - Begin of 44 days 14.67 hours 22 days year 20 to end of year 20 241-252 months - Begin of 46 days 15.34 hours 23 days year21 to end of year 21 253-264 months - Begin of 48 days 16 hours 24 days year 22 to end of year 22 50 days 265 + months - 23+ years 16.67 hours 25 days 7 213 6.2 VACATION UTILIZATION: Starting on the 1st business day of April and for the remainder of the month, the City shall circulate or post within each department or division, as applicable, a signup register. Such register shall be posted/circulated to employees in the order of their seniority, beginning with the most senior employee. At the time such vacation sign-up register is posted/circulated, each employee shall have the opportunity to designate one uninterrupted period for vacation within those parts of the upcoming fiscal year when utilization of vacation will be allowed. Following the circulation of the vacation sign-up register, each employee may schedule any remaining accrued vacation on a first-bid basis; that is, the first employee to request vacation for a period when the utilization of vacation is allowed shall, subject to operational needs of the City, be allowed to utilize vacation. The foregoing shall not preclude the possibility of several employees within a given department or division, as applicable, being allowed to take vacation at the same time, nor shall it preclude the possibility of denying requested vacation to an employee or several employees while other employees are allowed to take vacation when such denial of vacation is due to operational requirements that do not uniformly affect all employees in the given department or division. Nothing in this article precludes the granting of vacation outside of the bid process, at any time, so long as such approval does not provide operational difficulties for the department or division. 6.3 INCLEMENT CONDITIONS: In the event inclement conditions exist to the extent that the employee cannot safely travel to the work site, and neither the City nor the employee can determine an alternative method of transportation, the employee may use accrued vacation leave or compensatory time to cover their absence. 6.4 TERMINATION: Upon the termination of a regular employee, he or she shall be paid for all unused vacation at his or her current rate of pay. In case of death, compensation for accrued vacation leave shall be paid in the same manner the salary due the deceased is paid to the estate/spouse. ARTICLE 7-SICK LEAVE 7.1 SICK LEAVE ACCRUAL: Full-time employees shall accrue sick leave at the rate of one eight-hour (8-hour) day for each full calendar month of service from the first month of employment to a maximum of one hundred eighty (180) eight-hour (8-hour) days. Part-time employees shall accrue prorata sick leave benefits based on the relationship their regularly scheduled work week bears to that of a full-time employee. Accrued but unused sick leave shall not be compensated upon termination or death. 7.2 SICK LEAVE UTILIZATION: If any employee is unable to work his or her regularly scheduled work day(s) by reason of illness or injury, accrued sick leave shall be applied subject to the following limitations: 1.Secondary Employment: Unless the employee has notified the City in advance and received approval, sick leave benefits shall not be allowed when an employee is working for another employer, or otherwise engaged in an activity for profit during the period of disability. 2.Industrial Accidents: If the employee is or should be eligible for Workers' Compensation time-loss benefits, sick leave shall not be available 3.Doctor's Certification: If the employee is absent for more than three (3) calendar days, sick leave benefits shall not be allowed after the third calendar day unless a physician's statement is submitted upon return to work or unless alternative arrangements satisfactory to the City have been made on or before the third day of the absence. 8 214 4.Family Illness: When an employee must be away from the job because of a serious illness in the immediate family, such time off shall be granted by the Department Head and charged against sick leave time. Immediate family is defined as: husband, wife, mother, father, son, daughter, foster children, brother, sister, father-in-law, mother-in-law, grandparents, or other relative living in the employee's household. 5.Non-emergency/Routine Medical Appointments: When an employee must be away from the job because of an appointment with a licensed physician or dentist, such leave, provided it was requested and approved in advance, may be approved and charged to nearest one-quarter (1/4) hour to the employee's sick leave account. If the City has reason to believe that an employee may have been abusing sick leave, it may, by prior written notification to that employee, require a physician's certification of illness for absences of three (3) days or less as a condition of receipt of sick leave benefits. In addition, a physician's certification of fitness to return to work may be required if there is some reason to question the employee's fitness to perform his or her assigned duties. 7.3 SICK LEAVE LIMITATIONS: 1.New Employees: Sick leave shall not be available for utilization until after the first ninety (90) days of employment have been completed. 2.Notification: The employee shall notify his or her immediate supervisor in accordance with procedures that may be established by such supervisor of the need for sick leave as soon as possible after his or her knowledge of the need. If the employee fails to notify his or her supervisor in a timely manner, it shall be cause for denial of sick leave benefits. 3.Abuse: The abuse of sick leave shall be cause for disciplinary action. 4.Extended Illnesses: Sick leave shall not be allowed after the first ninety (90) calendar days of any illness. At that time the City's long-term disability plan provides income protection for such circumstances. After the employee has returned to work following an absence of more than ninety (90) calendar days, any accrued but unused sick leave shall be available for utilization for subsequent disabilities. 7.4 EXTENDED NON FMLA/OFLA SICK LEAVE: Whenever an employee has exhausted either FMLA or OFLA, the employee will provide to the employer, when requested and not more frequently than once every 90 days, medical verification of their disability so long as the employee is receiving paid sick leave time from the employer. In no event may any leave time be extended under the terms of this agreement with job placement rights for more than 18 continuous calendar months from the last scheduled day of work missed. FMLA/OFLA SICK LEAVE: 7.5 Employee eligible for Family and Medical Leave (FMLA) and Oregon Family Leave Act (OFLA) must promptly comply (within 15 days), unless unable to do so because of incapacity, respond to requests for certification/documentation from the employer. A failure to respond or to provide the appropriate documentation in a timely manner may be the basis for discipline by the employer. FMLA/OFLA SICK LEAVE TRACKING: 7.6 Effective upon ratification for purposes of calculating either FMLA and/or OFLA tracking, a “rolling” year or most recent 12-calendar month’s measurement period immediately preceding the FMLA/OFLA event shall be used. This means that the immediate previous year shall be reviewed for any calculation regarding the total amount of leave time available. 9 215 ARTICLE 8-INSURANCE AND RETIREMENT BENEFITS 8.1 LONG-TERM DISABILITY INSURANCE: Effective January 1, 2006, the City shall pay the cost of long-term disability coverage that insures sixty-six percent (66%) of the employee's base monthly salary for a disability due to injury or illness. This coverage shall provide protection when ninety (90) calendar days have elapsed from the time of injury or illness. 8.2 MEDICAL DENTAL VISION INSURANCE: Health Insurance/Health Savings Account The City agrees to offer two Health plans from which employees may choose; The Kaiser Plan or the Regence High Deductible Health Plan (with a Health Savings Account (HSA)). Kaiser participants will not be eligible for the HSA account and/or VEBA. The City’s contribution for eligible employees and their eligible dependents (as defined by the Plan Administrator) shall not exceed 85% of the monthly premiums plus the Health Savings Account contribution for Regence participants only as outlined below. Effective 1/1/2013, funding for all non-probationary employees to the HSA account will be 100% of the deductible. The out of pocket coinsurance balance ($800 single or $2,050 family) will then be funded as of 7/1/2013. Effective 1/1/2014, 50% of the deductible will be deposited into the HSA account for all eligible non-probationary employees. Effective 7/1/2014, 50% of the deductible will be deposited into the HSA for all eligible non-probationary employees. Subsequent semi-annual payments will thereafter be made for all eligible non-probationary employees each January and July for any succeeding year. The payment amounts shall be 50% of the deductible. Any employee who does not complete a calendar half-year of employment foregoes the HSA deposit for that same period. Employees newly hired during the term of the Agreement will receive the deductible funded to the HSA as outlined above in this article on a semi-annual prorated basis upon completion of probations. For terminating employees, the final HSA contributions will be made to eligible employees on the payroll on 12/31 for the first semi-annual period and 6/30 for the second semi-annual period. All employees regularly scheduled to work not less than 20 hours per week are required to participate in the health insurance program unless the employee can prove they have attained medical insurance coverage via an alternative means. In which case, employees may opt out of the Plan and receive a $50.00/month incentive from the City. In order for the City to offer the opt out the following must apply; 1.The City must maintain enrollment of a minimum of 75% of eligible employees in the City medical insurance program 2.Employees must participate in the City dental insurance program with a minimum of individual coverage (This applies to opt out only. If an employee waives medical and dental coverage, they don’t get any opt out incentive payment). 3.Any employee opting out of City medical insurance shall provide documentation of alternate group medical insurance coverage 10 216 4.The City will randomly audit employees who opt out of the City medical insurance program. Any employee who has opted out of the program and does not have and/or maintain group coverage will be required to pay back any incentive pay they have received for the entire contract period regardless of when their coverage ceased. Employees regularly scheduled to work more than 20 hours per week but less than 30 hours per week are not eligible for HSA contribution made by the City. They may participate in the HSA program on a voluntary basis. The City will fund for employees regularly scheduled to work more than thirty (30) hours a week and for the first year of this contract only (2013) 100% of the out-of-pocket maximum as outlined above. Thus the total deposit into each eligible employee shall be $2,300 for individual and $5,050 for family as per previously outlined funding plan. For the second and third years of the contract (2014 and 2015) the annual contribution by the City into HSA’s for employees regularly scheduled to work over 30 hours a week will be for the deductible only ($1,500 for individual and $3,000 for family) as per above outlined funding schedule. For any employee regularly scheduled to work over 30 hours per week who is ineligible to participate in the HSA program because of Federal rules, an HRA (Health Reimbursement Account) funded through a VEBA (Voluntary Employee Beneficiary Association) Plan with an equivalent contribution from the Employer on behalf of the employee. The City of Woodburn has adopted the HRA VEBA Medical Expense Plan. The City agrees to contribute to the Plan on behalf of all employees in the collective bargaining group defined as eligible to participate in the Plan. Each eligible employee must submit a completed and signed Enrollment Form to become a Plan participant and be eligible for benefits under the Plan. Contributions on behalf of each eligible employee shall be based on the following selected funding sources/formulas: 1.Contributions for employees who are HSA ineligible. Eligibility is limited to employees who are ineligible to receive and/or make contributions into a health savings account (H.S.A) due to other first-dollar / non-high deductible health plan coverage or Medicare. Such employees will receive a contribution into an HRA VEBA account instead of an HSA 2.If an employee becomes HSA eligible in subsequent plan years (e.g. is no longer covered under another non-high deductible health plan), the city will establish and make contributions into an HSA and cease contributing to the employee’s HRA VEBA account. If the employee has a balance in their HRA VEBA account, they will be required to fill out an “election of limited plan coverage” form for their HRA VEBA account so that they are eligible to receive and/or make contributions into their HSA If the deductible and/or out of pocket maximums change as per plan documents during the duration of this contract and beyond the control of the City, the Union and the City agree to meet and discuss those changes and how that may or may not affect the City funding the HSA plan. It is also noted that the insurance coverage’s run on a calendar year and therefore funding to the HSA will also be as per calendar year in concurrence with the insurance plan duration. 8.3 LIFE INSURANCE: The City shall provide the following life insurance benefits for the duration of this Agreement: 1.A 24-hour term life insurance policy equal to one times the employee's basic annual salary rounded to the next higher $1,000. 2.An Accidental Death and Dismemberment insurance policy equal to one times the employee's basic annual salary rounded to the next higher $1,000. 11 217 8.4 COVERAGE DURING LEAVES OF ABSENCE: Employees on leaves of absence with pay will have their group benefits continued. The employee portion of the premium will continue to be deducted from their pay. Employees on medical leaves of absence without pay may continue medical, dental and vision benefits provided that the insurance companies allow for the extension of coverage while on unpaid leave. The City and employee portion of the premium will be paid by the City for a maximum of three (3) months. This benefit coverage will run concurrently with FMLA. For unpaid medical leaves that do not qualify for FMLA, the employee must return to work for a minimum of one (1) month following the expiration of approved leave or the employee will be obligated to reimburse the City for the total premium paid for the period of their unpaid leave. An employee on an approved medical leave of absence without pay may continue medical, dental and vision benefits beyond the three (3) month period by paying the full insurance premium for those benefits. In the event of a catastrophic illness or accident, the City Administrator may extend the maximum period beyond three (3) months. 8.5 WORKERS' COMPENSATION: Pursuant to applicable law, the City shall continue to provide coverage under the Workers' Compensation plan for job- connected injuries or disabilities. In the event an employee suffers an injury while on the job with the City for which he or she is eligible for time-loss benefits, such employee shall continue to receive the medical, dental, long-term disability, and life insurance benefits provided for herein for the first ninety (90) days of such injury. 8.6 RETIREMENT: For the duration of this Agreement, the City shall continue the current retirement plan offered through the Public Employees Retirement System (PERS). Effective July 1, 2010, the City shall pick up, assume or pay the employee's contribution required by law to PERS subject to the Oregon Administrative Rules pursuant to PERS and OPSRP statutes. ARTICLE 9-PREMIUM PAY 9.1 OVERTIME: Employees required by the City to work beyond eight (8) hours in any twentyfour-hour (24 hour) period beginning at 12:01 a.m., or more than forty (40) hours per week, shall receive overtime compensation. In no case shall overtime be paid twice for the same hours. Overtime shall be computed to the nearest quarter-hour (1/4) hour. Overtime pay shall be based on the actual number of hours on duty per day or week, except that two (2) hours of overtime will be guaranteed in instances of emergency callback. Emergency call-back shall include, but shall not be limited to instances when an employee has physically left the work site, is on the way home from work, and is called to return to work. Overtime pay shall also be paid at the emergency call-back rate to employees that trouble shoot from home using a laptop computer who would otherwise, except for use of the computer, be required to return to the work site to resolve an emergency. The overtime rate shall be time-and-one-half the regular rate of compensation, in the form of comp time or pay, at the discretion of the City. However, if employee(s) are to be subject to a compensatory 12 218 time policy that differs from the eighty (80) hour maximum presently allowed by City policy, he/she shall be so notified in writing. In the event that sufficient acceptable personnel do not accept overtime on a voluntary basis, or in the event of an emergency, such additional personnel as are deemed necessary by the City may be required to work overtime. As provided by ORS 279.345(5)(b), the provisions of ORS 279.340 shall not apply to the employees covered by this Agreement. 9.2 STANDBY: Stand-by Responsibilities: Subject to program needs and budget limitations the City may assign certain bargaining unit employees to “Stand-by Required” positions. The determination of the number and qualifications is the sole and exclusive determination by management. Effective with this Agreement, the following positions are eligible for assignment to a “Stand-by required” position; Wastewater Positions Waste Water Operator I Waste Water Operator III Waste Water Maintenance Technician “Lead” Waste Water Maintenance Technician Drinking Water Positions Water Operator I Water Maintenance Technician Utility Worker II Utility Worker III Collections/Street Maintenance/Fleet Positions Sewer Line Maintenance Technician Utility Worker I Utility Worker II Fleet Technician Employees assigned by Management under this subsection as “Stand-by required” shall receive an eight percent (8%) premium to their normal base hourly rate. Employees assigned to the identified rates may be scheduled for up to twelve (12) weeks of Stand-by duty per calendar year. No other bargaining units may be scheduled for regular Stand-by required duties; except that for short term emergency situations such as acts of God, Force Majeure or any other unanticipated incident beyond the City’s control. In such cases any other bargaining unit employee may be temporarily increased by 10% on an as needed basis (for not less than one (1) week) and not be a violation of this Agreement. Hours worked on City property as a result of a call out (including travel time), shall be counted as hours worked. Stand-by duty “standards” are required to be met by any employee assigned to Stand-by duty. A failure to fully adhere to such standards (listed below) may result in appropriate discipline being administered: 1.Employee shall be immediately accessible by telephone or other agreed to device at all times while on Stand-by. 2.The employee shall respond within 15 minutes of a call out and be on City property within 60 minutes of the original call out for service 13 219 3.Employees must be in “duty ready” condition; this mean strict adherence to the substance abuse policy. In the event an employee is taking medications while on Stand-by by duty the employee has a responsibility to immediately report such condition to his/her supervisor immediately. Scheduling: Management will use its best efforts to schedule Stand-by duties on a rotational basis not less than three (3) months in advance. Management will schedule on a weekly basis. No employee shall be shall be scheduled for more than seven (7) consecutive days until they have had fourteen (14) consecutive days without a Stand-by assignment. Whenever an unforeseen event occurs requiring a variation from the posted schedule, management will attempt to remedy such occurrences by asking for volunteers first; then by assigning duty by inverse seniority second. If management still cannot adequately meet the Stand-by shifts needed, due to an emergency and/or unforeseen need then additional Stand-by assignments may be made to employees not normally assigned. Emergency Employee(s) assignment shall be paid as a 10% premium to their normal base pay for the week in which the assignment(s) is made. Stand-by assignments made by management shall be tracked on a fiscal year basis (July 1 through June 30). Employees may voluntarily “swap shifts” provided management is informed at least ten (10) days in advance of proposed swap and no financial liability is created for the City. In the event an employee is assigned by management more than one week of Stand-by responsibilities in any calendar month, said employee will received fourteen (14) hours of ‘ comp’ time for each week of Stand-by assignment served within the month. Not more than one week in any calendar month shall be counted towards the 12 yearly assignments. Notwithstanding the above, the intent of management is to fairly schedule Stand-by duties to bargaining until employees to the extent practical. However it is understood and agreed that the ability of management to utilize non- union supervisors to augment or “add to Stand-by” duties shall not be a basis for a violation of this Agreement so long as twelve (12) bargaining unit employees are regularly receiving the Stand-by premium. Further, in the event new technologies and/or work methods or systems are developed that provide greater efficiency to the City, then said efficiencies may allow the City adopt a Stand-by schedule using less than the twelve (12) aforementioned positions. Before such a modification is made the Union will be given thirty (30) days advance notice of such intent. Right-to re-assigns: It is agreed by all parties to this agreement that the assignment of employees to “Stand-by required” is recognition of quality superior work performance. Accordingly, if management determines that an employee is no longer performing at such a standard then nothing in this agreement will preclude the reassignment of a different employee. 9.3 ACTING-IN-CAPACITY PAY: At the discretion of the department head, employees assigned to work in a higher classification may receive a five percent (5%) wage differential for periods of two (2) weeks or longer (this excludes periods for vacation, sick leave, workshops, etc). In order to receive Acting-In-Capacity pay, the employee must be assigned the full range of duties and have full authority and responsibilities of the position he/she is filling. The department head must submit a Personnel Action Form to the Human Resources office prior to assigning employees to work in a higher classification requiring a wage differential payment. ARTICLE 10-REST PERIODS/LUNCH PERIODS: All employees shall be granted a fifteen-minute (15-minute) rest period during each one-half (%) shift, except in emergency situations. Rest periods shall be taken at approximately the middle of each one-half (%) shift as designated 14 220 by the supervisor. All employees shall be granted a lunch period of not less than one-half-hour (% hour) or more than one (1) hour, except in emergency situations. Such lunch periods shall be without pay and be utilized at approximately the middle of the work shift as designated by the supervisor. ARTICLE 11-LEAVES 11.1 BEREAVEMENT LEAVE: In the event of a death in the employee's immediate family, for purposes of this article immediate family shall include grandparents, parents, parents-in-law, siblings, children, grandchildren, or any member of the immediate household, an employee may be granted leave of absence not to exceed five (5) working days without loss of pay. This leave shall be separate from sick leave and shall not accumulate from year to year. In the event of a death of a co-worker, employees may request and be granted vacation leave or other mutually agreeable time off to attend the funeral. In instances where the essential work of the City would be seriously handicapped by the temporary absence of a group of employees in a division, the City may set a reasonable limit on the number of employees that are to receive such leave. 11.2 WITNESS/JURY DUTY: When an employee is called for jury duty or subpoenaed to appear in court as a witness, he or she will be paid the difference between his or her regular salary and the amount of jury pay. However, if he or she transfers all compensation, less mileage and meal allowances, received from the court to the City, he or she shall receive his or her regular compensation for the time covered by the absence. Time not worked because of such service will not affect vacation or sick leave accrual. The foregoing shall not apply if the employee is a party in interest to the proceeding or is serving as a witness against the City or on behalf of the Union. In such instance, leave of absence without pay will be provided. 11.3 MILITARY: Military leave with or without pay shall be provided in accordance with applicable State (ORS 408.290) and Federal statutes. 11.4 LEAVE WITHOUT PAY: Upon the written request of a regular employee to the immediate supervisor, the City may, in writing, grant an employee a leave of absence without pay for a period not exceeding twelve (12) months. Such request shall include the reason for requesting such leave and establish reasonable justification for consideration by the City. An employee shall not accrue benefits or seniority during such leave, but will be reinstated with all previously earned leave and seniority upon his or her return to work. 11.5 VOTING LEAVE: Employees who are registered voters shall be granted necessary time off, up to one (1) hour, to vote on election day if, due to their work schedule, they otherwise would not be able to vote. ARTICLE 12-WAGES 12.1 WAGE RATES: No employee shall suffer a pay reduction as a result of this agreement The current wage schedule is amended as follows: Effective upon ratification an eight (8) Step Schedule shall be implemented. The schedule shall have progressive steps spaced at 5%. Newly hired employees will start out at 75% of the baseline rate. The baseline rate for all calculations shall be Step 6 @100%. 15 221 Employees on the current wage schedule will be increased 1-step on the new schedule. This means an employee currently at Step 2 will be placed at Step 3 on the new schedule and so forth. Employees currently at Step 5 will be placed at Step 6 on the new schedule. Effective the first full pay period after 7/1/2014, Steps 7 and 8 will become operational. Any employee at Step 6 will be then placed into Step 7 or 8 provided they have the necessary tenure. The structure for the new wage schedule is outline below with an updated complete schedule in Appendix A Positions that are currently being paid above scale and/or positions that were identified as lower than average compared to equivalent jurisdictions received at least one step increased greater than the lateral step as described above. Year 1 Year 2 Year 3 Year 4Year 5 Year 6 Years 7 and 8 Year 9+ Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 75% 80% 85% 90% 95%100% 102% 104% The parties to this Agreement agree to meet before April 1, 2013, and negotiate over possible hourly wage adjustments for regularly scheduled employees required to perform XXXX duties as Utility II in Wastewater collections. These employees are required to regularly don Haz-Mat protective personal protective equipment and work in confined space environments. In recognition for the additional risk and hazardous conditions, the parties will attempt to reach a settlement of a modified hourly wage adjustment. In the event the parties are unable to conclude the negotiations amicably for both parties, the issue may be referred by the Union to a modified binding arbitration, with the arbitrator compelled to issue a decision within 30 days of the hearing. 12.2 PAY PERIODS/PAY DAYS: During the term of this Agreement the City reserves the right to adopt a revised pay period of either 2 weeks or twice a month. Before adopting such a program the City will provide to employee and the Union 90 days advance notice of its intent to implement. It is also agreed that the pay period for purposes of calculating overtime shall be from Sunday (12:01 am) to Saturday (11:59 pm) ARTICLE 13-DISCIPLINE AND DISCHARGE 13.1 DISCIPLINARY ACTION: By way of illustration but without limitation, disciplinary action shall include the following: 1.Written reprimand. An employee may grieve a written reprimand through Step IV, City Administrator level of the grievance procedure, but shall not pursue such a grievance to Step V, Arbitration. The decision of the City Administrator shall be final and binding. If the employee disagrees with the written reprimand, he/she may attach a written rebuttal thereto. 2.Suspension without pay. 3.Temporary reduction in pay to a lower step within the established pay range for the employee's classification. 4.Discharge. Oral corrections may also be given to employees, but such shall not be considered disciplinary action, inasmuch as the employee has experienced no loss of compensation as a result thereof. 16 222 13.2 DUE PROCESS: For the purposes of this Article, due process shall require that the following steps be accomplished before an employee is: 1.Suspended without pay 2.Temporarily reduced in pay, OR 3.Discharged. Before any decision to take disciplinary action is finalized, the following shall occur: 1.The employee will be informed of the charges in writing and given the information that is the basis for the possible disciplinary action. 2.After the employee has been informed of the charges, he or she shall have the opportunity to meet and discuss the matter with the supervisor who initiated the charges. If the employee chooses to meet with the supervisor to discuss the charges, he/she shall be allowed to have a representative of the Union present. 3.After the decision is made, the employee shall be given written notification thereof. If the decision is adverse to the employee, the employee shall have the opportunity to include a statement in his/her personnel file and to file a grievance in accordance with the provisions of Article 18 thereof. 13.3 JUST CAUSE: No employee shall be, without just cause; 1.Suspended without pay 2.Temporarily reduced in pay or 3.Discharged If there is disagreement as to whether or not just cause exists, such dispute shall be resolved in accordance with the provisions of the grievance procedure, Article 18 hereof. 13.4 CONFIDENTIALITY: If a supervisor has reason to discipline an employee, he or she shall make reasonable effort to impose such discipline in a manner that will not unduly embarrass the employee before other employees or the public. 13.5 PROBATIONARY EMPLOYEES: A probationary employee shall serve at the pleasure of the City and shall not have the right to appeal any disciplinary action as a violation of this Agreement. A regular employee shall be discharged only on stated grounds provided the employee. ARTICLE 14-SENIORITY 14.1 DEFINITIONS: Effective with this Agreement seniority shall be defined as an employee’s continuous length of service with the City from his/her last date of hire. Seniority as used in this Agreement means the length of continuous employment with the employer. In most cases, seniority shall be looked at for full time employees first and then part-time employees second. An employee’s total hours accumulation of straight time compensable hours will be the basis of exercising seniority rights throughout this Agreement unless specifically exempted by Article. Seniority shall accrue by hours paid. An employee shall lose all seniority credit in the event of a termination/resignation or failure to return from an expired leave of absence. 14.2 SENIORITY LIST: An updated seniority list for the bargaining unit and classification shall be posted annually on each department's employee bulletin board. 17 223 14.3 EFFECT OF LEAVE WITHOUT PAY: An employee who is absent without leave for more than seventeen (17) working hours shall be considered to have resigned. Such employee may be reinstated without loss of previously accrued seniority and other benefits if he/she can show that it was not feasible to obtain prior approval for the absence. 14.4 TRANSFERS: Employees desiring to transfer to other comparable positions may submit an application in writing to their immediate supervisor. The application shall state the reason for the requested transfer. An employee may transfer to another City department within the same classification, if both department heads agree to the transfer 14.5 JOB POSTING AND SENIORITY: Vacancies in the bargaining unit shall be posted in a place available to employees. Employees may apply for such open positions by the regular application procedure. Present qualified employees shall be given first consideration, provided their qualifications are, in the City's judgment, equal to those of other applicants. If two or more qualified present employees are otherwise equally qualified in the City's judgment, first consideration shall be given the applicant with the greatest seniority in applicable job classification. ARTICLE-15 PROBATION The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the department by observing an employee's work, training and aiding employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee hired into the bargaining unit shall serve a probationary period of six (6) full months, which may by written notice to the employee prior to the completion of the initial six-month (6 month) period be extended for up to six (6) additional months. Employees promoted into a higher classification shall serve a probationary period of six (6) full months, which may by written notice to the employee prior to the completion of the initial six-month (6 month) period be extended for up to six (6) additional months. The Union recognized the right of the City to terminate new employees on probationary status at any time for any reason without recourse to appeal and to exercise all rights not specifically modified by this Agreement with respect to such employees, including, but not limited to, the assignment of on-the-job training in other classifications. The Union also recognized the right of the City to demote an employee on promotional probationary status to his or her previous position. Employees who as a result of a layoff or reduction-in-force assume a new position must be able to demonstrate proficiency in said position within sixty (60) days. An employee who has bumped from their regular position and has failed to demonstrate proficiency in the new position within the 60 days may be subject to layoff thereafter by the City. 15.2 VOLUNTARY DEMOTION: Employees who, within 1040 hours following a promotion, voluntarily demote to their previously held classification may return to the step of the previously held classification from which they promoted. Demotion under this section shall be with the mutual agreement of the employee and involved Department Head(s) and an opening must exist. 18 224 ARTICLE 16-LAYOFF 16.1 DEFINITION: A layoff is a permanent reduction in the City work force 16.2 PROCEDURE: It is the intent of the City of Woodburn to provide and maintain as many full time employment positions as practical. However in the event of a layoff, notice of not less than 45 calendar days (a Layoff Mitigation Review Period) will be given to the Union and the employees the City intends to lay off. During the Layoff Mitigation Review Period, the employer shall, in good faith, meet with the Union and consider various alternatives as offered by the Union to a reduction-in force for all affected departments. Probationary, temporary, seasonal and limited assignment/duration employees shall be reduced in hours or laid off first; the remaining workforce shall be composed of a minimum number of part-time employees and regular full time employees. Nothing in this Agreement shall prohibit the parties from agreeing to a temporary alternative arrangement in lieu of a normal layoff as outlined in this Agreement. If the City reduces its work force, layoffs shall be made within each job classification by department by seniority, with the least senior employees being the first laid off. The City may make exception to a layoff on the basis of seniority where employees who possess special skills would otherwise be laid off. Employees subject to layoff shall have the right to displace or “bump” employees in equal or lower paying job classifications provided that they have seniority and the minimum qualifications as specified in the most recent job description. If the employee cannot “bump” into a position as outlined above, and the employee has no prior City service in the job to which he/she is to be assigned, a probationary period as outlined in Article 15 shall be required. A reduction from fulltime to part-time for the same job shall not incur a new probationary period for an employee. 16.3 RECALL: Recalls from a layoff shall be made according to seniority. No new employees shall be hired into a classification until all laid off employees qualified to do the job have been given a chance to return to work. In order to maintain this right to recall, an employee must register in person or by mail with the City Administrator or his or her designee upon change of address, telephone number, and at least annually signifying his or her availability for recall. Laid off employees shall be recalled only by certified letter, return receipt requested, and shall have five (5) days from receipt of such notification in which to inform the city of their intent to return to work and an additional ten (10) days therefrom in which to report to work. An earlier reporting day may, by mutual arrangement, be arranged. Employees laid off for a period of twenty-four (24) months or longer lose all seniority rights. ARTICLE 17-CLOTHING AND EQUIPMENT 17.1 PROTECTIVE CLOTHING AND SAFETY EQUIPMENT: The City shall provide protective clothing and safety equipment pursuant to applicable laws and regulations, based on a review performed by the City's insurance carrier or other similar resource acceptable to the parties. Only those items which are required by law or regulation shall be provided. 19 225 17.2UNIFORMS: In addition to safety equipment and clothing provided under the above, the City shall continue to provide work uniforms for selected employees within the bargaining unit, under the following conditions: 1.It shall be the employee's responsibility to launder and to otherwise maintain the uniform in a proper manner. 2.Uniforms or any portion thereof shall not be worn except while on duty or while in transit to or from the job. 3.Uniforms shall be replaced on an exchange basis only, and employees may from time to time be required to account for all uniforms originally issued. The cost of replacement of any uniform lost, destroyed, or otherwise not accounted for shall be borne by the employee. ARTICLE 18-GRIEVANCE 18.1 DEFINITION: A grievance, for the purpose of this Agreement, is defined as a dispute regarding the meaning or interpretation of a particular clause of this Agreement or regarding an alleged violation of this Agreement. 18.2 PROCEDURE: Employees are highly encouraged to discuss any contract dispute with their direct supervisor with the intent of resolving the issue before resorting to the grievance process. In an effort to provide for a peaceful procedure for resolution of disputes the parties agree to the following procedure when the issue cannot be resolved between the employee and the supervisor. STEP I: The employee, and his/her Union Business Representative or Steward, will file a written grievance with the employee’s immediate Supervisor within 20 working days of the occurrence of the grievance or the date that the employee should have first known the facts upon which the grievance is based. The grievance shall contain; 1.A statement of the action or lack of action on the part of the City that is the cause for the grievance. 2.A statement as to the specific contract Article or Articles with Section and/or paragraph that was violated. 3.The specific remedy or alternative remedies that the City must take to correct the alleged contract violation. Any grievance referred on the basis of past practice must cite the specific practice involved. The Supervisor will respond to the employee and his/her Union representative or Steward in writing within ten (10) working days of receiving the grievance. STEP II: If the grievance remains unresolved at Step I, it must be submitted in writing within ten (10) working days of the completion of Step I to the Department Head. He/she may meet with the employee’s immediate Supervisor and the aggrieved party and his/her Union representative or Steward. The Department Head shall respond to the grievance in writing within ten (10) working days to the employee and his/her Union representative or Steward. STEP Ill: Individual grievances that remain unresolved and/or group grievances initiated by the Union may be initiated. Individual grievances must be submitted in writing to the Human resources Director within ten (10) working days of the completion of Step II. Group grievances must be submitted within thirty (30) working days of the event of the violation or date of union knowledge of the facts. A meeting shall occur as soon as possible, but in no event longer than ten (10) working days from the date of referral by the Union to the Human Resources Director and the Department Head. The entire issue giving rise to the grievance will 20 226 be reviewed. The Human resources Director will respond within ten (10) working days of the meeting in writing to the employee and his/her Union representative or Steward. STEP IV: If the grievance remains unresolved, it may be submitted in writing to the City Administrator within ten (10) working days of the completion of Step III and a copy sent to the Human Resources Director. The City Administrator (or his/her designee) shall meet with the aggrieved party and Union Representative or Steward within ten (10) working days. The City Administrator will respond, in writing to the Union Representative or Steward within ten (10) working days of the meeting with a copy also being sent to the grievant. If the issue still remains unresolved it may be referred to arbitration. STEP V: If the grievance is not resolved, it shall be submitted to arbitration in the following manner: 1.The Union shall provide the City with written notification of intent to proceed to arbitration within ten (10) working days of the conclusion of Step IV. 2.The Union and the City shall have ten (10) working days from the date of such notification to reach a mutual agreement upon an arbitrator. 3.If the Union and the City fail to agree upon an arbitrator within the ten (10) day period, the Union will request a list of seven (7) arbitrators to the State of Oregon Mediation and Conciliation Service. The arbitrators shall reside in the States of Oregon or Washington. Starting with the Union the parties shall alternately strike one name from the list until only one name from the list remains. 4.The City and the Union shall have ten (10) days from the date of receipt of the list of arbitrators to select the arbitrator. 18.3 LIMITATIONS ON ARBITRATION: The arbitrator shall render a written decision within a reasonable time. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. The arbitrator shall have no power to alter, modify, add to, or detract from the terms of this Agreement. The decision of the arbitrator shall be final and binding on both parties. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place while this Agreement is in effect, and no arbitration determination or award shall be made by the arbitrator which grants any right or relief for any period of time whatsoever prior to the execution or after the expiration date of this Agreement. Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties. However, each party shall be completely responsible for the cost of preparing, presenting its own case, including compensating its own representatives and witnesses. If either party desires a record of the proceedings, it shall solely bear the cost of such records. It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration constitutes an election of remedies. Specifically, the Union agrees that it shall not pursue an issue that has been the subject of a grievance to any court, quasi-judicial body or other outside authority for a determination, and that when an issue is presently pending before, or has been decided by a court, quasi-judicial body or other outside authority, no grievance with respect thereto may exist. 18.4 TIME LIMITS: Any or all time limits specified in the grievance procedure may be waived by mutual consent of the parties. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the 21 227 grievance. Failure by the City to submit a reply within the specified time will constitute a rejection of the grievance at that Step. And thereby allow the Union to proceed to the next step within the applicable time limit. A grievance may be terminated at any time upon receipt of a signed statement from the employee that the matter has been resolved. The employee may be represented at any level of the grievance procedure by a Union representative ARTICLE 19-MANAGEMENT RIGHTS 19.1 GENERAL RIGHTS: Except as otherwise expressly and specifically limited by the terms of this Agreement, the city retains all rights, decision- making prerogatives, functions and authority connected with or in any way incidental to its responsibility to manage the affairs of the City or any part of the City. The rights of the employees in the bargaining unit and the Union hereunder are limited to those specifically set forth in this Agreement. 19.2 SPECIFIC RIGHTS: Without limitation, but by way of illustration, the exclusive prerogatives, functions and rights of the city shall include the following: 1.To determine the services to be rendered to the citizens of the City. 2.To determine and to follow the City's financial, budgetary, and accounting procedures. 3.To direct and supervise all operations, functions, and policies of the departments in which the employees in the bargaining unit are employed, and operations, functions, and policies in the remainder of the city as they may affect employees in the bargaining unit. 4.To close or liquidate any office, branch, operations or facility, or combination of facilities or to relocate, reorganize or combine the work of divisions, offices, branches, operation or facilities for budgetary or other reasons. 5.To manage and direct the work force, including but not limited to, the right to determine the methods, processes, and manner of performing work; the right to hire, promote, transfer and retain employees; the right to layoff; the right to abolish positions or reorganize departments; the right to determine schedules of work; the right to purchase, dispose of and assign equipment or supplies. 6.To determine the need for a reduction or an increase in the work force and the implementation of any decision with regard thereto. 7.To establish, revise and implement standards for hiring, classification, promotion, quality of work safety, materials, and equipment. 8.To implement new and to revise or discard, wholly or in part, old methods, procedures, materials, equipment, facilities and standards. 9.To assign shifts, workdays, hours of work and work locations. 10.To assign and designate all work duties. 11.To introduce new duties within the unit. 12.To determine the need for and the qualifications of new employees, transfers and promotions. 13.To discipline, reprimand, suspend and discharge an employee subject to the discipline Article of this 14.Agreement. 15.To determine the need for additional educational courses, training programs, on- the-job training and cross- training and to assign employees to such duties for such periods to be determined by the City. 16.To determine the need for overtime and the employees to work such overtime. 19.3 CONTRACTING AND SUBCONTRACTING OF WORK: The Union recognizes that the City retains the right to contract and to subcontract work, provided that as to the contracting or subcontracting of work that may reasonably be expected to result in the layoff or demotion of any bargaining unit member(s), the City will provide prior notice to the Union and afford it an opportunity to make a presentation to the Council as follows: 22 228 The Union shall be sent a copy of any Request for Proposal or advertisement for bids at the time such request or advertisement is made. After receipt of proposals or bids from potential bidders, the Union shall receive a copy of same and a copy of all other relevant material, including City staff analysis of the various bids or proposals that the Council will use as the basis for its decision. No decision to contract or subcontract shall be made until: 1.Thirty (30) days following the receipt by the Union of all material specified in #1 above; and 2.After the Union has had an opportunity to make a presentation to the Council (or City Administrator if such is mutually agreeable) regarding the proposed contracting of work. The City agrees to give full consideration to all information and recommendations that may be submitted by the Union prior to making a final decision. In consideration of the above-delineated agreement by the City to allow the Union to be informed of and to make its position known prior to a contracting decision which would adversely affect bargaining unit employees, parties agree that notwithstanding the requirements of ORS 243, the City shall have no duty to bargain; 1.Any decision to contract or subcontract work; and 2.The impact of any decision to contract or subcontract work. The City may use non-paid volunteers without following the procedural steps outlined above, and without a duty to bargain over the decision or the impact of such decision. The City has not intent to modify existing practice on the use of volunteers. 19.4 EXISTING BENEFITS AND WORK RULES: Nothing in this Agreement is intended to nullify existing wage and fringe benefits to employees under policies, practices and work rules unless specifically included in this Agreement. The City agrees to notify the Union, in writing, prior to changing or making additions to the existing personnel policy manual. Should the Union disagree with the proposed change(s), the City, upon request, shall meet with the Union to discuss its concerns. ARTICLE 20-CITY SECURITY During the term of this Agreement, the Union and members of the bargaining unit, as individuals or as a group, will not initiate, cause, permit or participate or join in any strike, work stoppage or slowdown, picketing, or any other interruption of City services. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established in the City by the Union, or by any other labor organization when called upon to cross such picket line. Disciplinary action, including discharge, may be taken by the City against any employee or employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the City. In the event of a strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will, immediately upon notification, publicly attempt to secure an immediate and orderly return to work. The obligations set forth above shall not be affected or limited to the subject matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance procedure of this Agreement. 23 229 It is understood that employees shall not be entitled to any benefits or wages whatsoever while they are engaged in such strike, work stoppage, or other interruption of work. There will not be a lockout against the employees in the bargaining unit during the term of this Agreement. ARTICLE 21-SUBSTANCE ABUSE Substance Abuse Policy This Substance Abuse Policy is effective upon execution of the Agreement and applies to all AFSCME represented employees. In addition to this Policy, AFSCME represented employees in what are determined to be ‘safety sensitive’ positions are subject to the requirements of state and federal law. Purpose The City has a strong commitment to its employees to provide a safe work environment and promotes high standards of employee fitness. Consistent with the intent of this commitment, the City established this policy regarding drugs and alcohol. While the City has no intention of interfering with the private lives of its employees, the City expects its employees to report to work in a condition to perform their duties in a safe, effective and efficient manner. All persons covered by this policy should be aware that violations of this policy will result in discipline, up to and including termination, or in not being hired. Definitions CDL Federal Commercial Driver’s License Standards EAP Employee Assistance Program psychoactive constituentcannabis THC The principal of the plant (marijuana) initialized PCP Commonly as PCP and known colloquially as angel dust or wet, is a recreational dissociative drug BAC Blood Alcohol Content NIDA National Institute of Drug Abuse GCMS Gas chromatography–Mass spectrometry (GC-MS) is a method that combines the features of gas-liquid chromatographymass spectrometry and to identify different substances within a test sample SAP Substance Abuse Professional Scope For the purpose of this Policy, “drugs” is defined as all controlled substances including but not limited to: opiates, cocaine, marijuana (THC), phencyclidine (PCP), amphetamines/ methamphetamines and barbiturates. However, “drugs” does not include prescription and over-the-counter medications that are lawfully prescribed and used in a manner consistent with a physician’s instructions and/or medication warnings. Employees who violate this Policy conduct will be subject to discipline, including discharge. Prohibited Conduct The following conduct is strictly prohibited: 1.Buying, selling, consuming, distributing or possessing drugs or alcohol during working hours, including rest and meal periods. 2.Reporting for work or returning to duty under the influence of alcohol or drugs. For the purpose of this Policy, an employee is considered to be “under the influence” of alcohol if his/her alcohol concentration is .04 BAC or 24 230 more. Alcohol concentration levels measuring less than .04 BAC are considered a negative test result. An employee is considered to be “under the influence” of drugs, if the employee tests positive for having such substances present in his/her body. 3.Consuming drugs or alcohol while on Stand-by as defined by this Agreement. If an employee is on Stand-by and has used any prescription or nonprescription medications which may interfere with the safe and effective performance of duties or operation of City equipment or vehicles, the employee is required to notify his or her supervisor prior to responding to a call for service. 4.Failure to report an arrest, conviction and/or plea-bargain for an alcohol or drug-related criminal offense to the employee’s supervisor within 10 days after the arrest conviction or plea bargain occurs. 5.Failure to disclose use of over-the-counter or prescribed medication containing a controlled substance that may influence behavior and/or one’s ability to safely perform one’s job. Any determination of a positive substance abuse test for any substance will be on the same basis used for the Federal CDL Standards. Disclosure of Medications Employees are responsible for consulting with their physicians and carefully reviewing medication warnings, including any warnings pertinent to the effects of use of a combination of medications. Employees who are using over-the- counter or prescribed medications which have any reported side effects that could reasonably affect their ability to safely perform all essential job duties must notify their supervisor of the substance taken and its side effects before reporting for work. Medical verification of ability to safely perform job duties may be required before the employee is allowed to continue his/her job assignment. Employees are eligible to utilize sick leave benefits pending receipt of acceptable verification. Although the use of prescribed and over-the-counter medication as part of a medical treatment program is not grounds for disciplinary action, failure to fully disclose the use of substances which could reasonably impair the safe performance of essential job duties; and/or illegally obtaining the substance or use which is inconsistent with prescriptions or labels will subject an employee to disciplinary action. Employee Testing The Employer agrees to train all supervisors to recognize behaviors which may give rise to a suspicion test request. It is agreed that the employer will regularly train supervisors as to the proper procedures for dealing with a possible substance abuse and that this training will be provided, at minimum, once every two years. A supervisor may order an employee to immediately submit to a urinalysis test for drugs and/or a breathalyzer test for alcohol whenever the City has reasonable suspicion to believe that the employee has violated the provisions of this Policy concerning reporting to work or being at work “under the influence” of drugs or alcohol. “Reasonable suspicion” shall be defined as suspicion based on articulated observations concerning the appearance, unusual behavior, speech, breath odor, body symptoms or other reliable indicators that an employee has consumed drugs and/or alcohol in violation of this Policy. For any employee holding a safety sensitive positions that requires a pre-employment substance abuse test and who is off the job for more than 30 calendar days regardless of the cause then the employee will be required to submit to the same test used for pre-employment testing before returning to work. This means any leave for any reason in excess for more than 30 calendar days, including vacation in excess of 30 days. The City reserves the right to substance abuse test any safety sensitive employee involved in an on-the-job accident incident. 25 231 Testing Procedures 1.All testing will be conducted at a laboratory certified by the federal DOT and shall be conducted in accordance with the standards for procedural safeguards and testing integrity disseminated by the NIDA. All drug tests will be conducted through collection of a split sample. All positive drug tests will be confirmed by a second cross confirmatory test from the same sample using GCMS testing methodology and reviewed by a Medical Review Officer before the test result is reported as positive. 2.The residual specimen sample shall remain at the testing facility in frozen storage for a minimum of 90 days from the date the test was conducted. This sample shall be made available for testing to the employee or his attorney, should the original sample result in a legal dispute or the chain of custody be broken. 3.Whenever there is a reason to believe that the employee may have altered, diluted and/or substituted the specimen provided for the initial test that was not determinative, a second test will be conducted. The second test procedures shall be identical to the first test procedures 4.If no confirmatory test is requested by the employer, the employee will have the option of having any remaining untested original specimen sent to a qualified and certified laboratory of the employee’s own choosing at the employee’s expense for testing. If the second confirmatory test results in a negative reading then said test shall be paid by the employer. Any testing shall be in conformance with the original testing protocols. 5.All records pertaining to required drug and alcohol tests, as well as compliance with rehabilitation terms shall remain confidential, and shall not be released, except on a need to know basis, in accordance with applicable law. All documents pertaining to testing and test results will be maintained in employee medical, not personnel, files. Searches The City reserves the right to conduct searches of City equipment or facilities generally, and may search any area or item of City property (such as desks, files, lockers, cabinets, etc.), as well as personal property brought onto City property consistent with applicable law. Personal property, such as brief cases, lunch boxes, etc. brought onto City property, as well as lockers, may be searched when the City has reasonable suspicion that alcohol or probable cause that drugs or drug-related paraphernalia may be found. Prior to a search, notice will be given to the employee, who may elect to be present with a Union representative, if such presence does not delay the search in excess of forty-five (45) minutes. Consequences of Violations 1.Employees who Report Dependencies and Seek Treatment before Committing a Policy Violation. Rehabilitation: The City encourages employees who have drug and/or alcohol dependencies or think they may have such dependencies to seek assistance voluntarily. When an employee voluntarily reports a drug or alcohol dependency to his/her supervisor and seeks assistance before violating this Policy, that employee may be placed on a leave of absence or adjusted working hours to allow for in-patient or out-patient rehabilitation treatment if recommended by a Substance Abuse Professional (SAP). The employee will not be permitted to work until such time as a Substance Abuse Professional agrees him/her: a.Has been evaluated by a Substance Abuse Professional (SAP); b.If recommended by the SAP, has complied with all rehabilitation/after-care prescribed; and c.Has a verified negative drug or alcohol test (as applicable). In order to return to work for the City, an employee having sought assistance must agree to all treatment, rehabilitation, after-care and follow-up testing as set forth in a written Rehabilitation and Return to Work Agreement required by the City. Any employee who violates the terms of the Rehabilitation Agreement or the 26 232 Return to Work Agreement is subject to immediate termination. The term of a said agreement shall be for 2080 straight-time hours worked. The time an employee is off work undergoing rehabilitation is unpaid. However, employees may draw their unused, accumulated sick leave, and/or vacation pay, holiday and compensatory time. Also, employees who are receiving health insurance coverage will be eligible for continuation of health insurance benefits with standard employee contributions as required by the Family Medical Leave Act. 2.Employees who Report Dependencies and Seek Treatment after Committing a Policy Violation. Employees who notify the City of drug or alcohol dependencies after violating this Policy may be subject to discharge, irrespective of such dependencies. The City may however, at its discretion, allow an employee to undergo evaluation and rehabilitation in lieu of discharge, provided the employee promptly complies with the terms and conditions set forth in this Policy. The City will consider the following factors in exercising its discretion: the employee’s length of service; the employee’s work record, in particular, whether the employee has committed a previous alcohol or drug policy infraction; the consequences of the violation; any other circumstances offered by the employee that militates against discharge. It is understood and agreed that the references to discipline and discharge set forth in this Policy and the Rehabilitation and Return to Work Agreement are not intended to supersede “just cause” requirements. ARTICLE 22-SAVINGS CLAUSE The provisions of this contract are declared to be severable, and if any section, subsection sentence, clause, or phrase of this Agreement shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Agreement, but they shall remain in effect, it being the intent of the parties that this Agreement shall stand, notwithstanding the invalidity. ARTICLE 23-LABOR/MANAGEMENT COMMITTEE 23.1 FORMATION: The parties agree to establish a joint Labor/Management Committee. 23.2 REPRESENTATION: The City's representative will include the City Administrator or a representative and up to three (3) designees. The Union representatives will include three (3) elected representatives who are City employees with preference given to differing departments. Either party with advance notice may invite guests whose attendance shall be germane to the agenda. 23.3 INTENT: The intent of the committee is to facilitate communications between parties by providing a forum for discussion of issues not addressed by the Contract, such as staff morale, operation methods and procedures, attendance and other policies of the workplace which affect the working conditions of the employees when such policies are not mandatory subject of bargaining. The committee shall not become involved in individual grievances nor shall the committee meetings be construed as formal negotiations. The committee shall meet with a formal agenda, at least once each quarter or such other time as both parties mutually agree to. The time, date and place shall be mutually agreed upon by the parties. 27 233 23.4 CONTINUANCE: The committee shall discontinue meetings during the quarter in which contract negotiations have begun and remain adjourned until a contract has been signed by both parties. ARTICLE 24-BILINGUAL PAY Employees eligible to receive bilingual pay must be assigned work on a regular and continuing basis that requires a second languor go effectively meet the service demand of the City’s customers. Designation of positions eligible to receive bilingual pay is the responsibility of the Department Head. Employees certified to be orally proficient in the Spanish or Russian language shall receive an additional two and a half (2.5) per-cent of base pay. Employees certified to be proficient both orally and in writing in the Spanish or Russian language shall receive an additional three and a half (3.5) per-cent of base pay. This certification program is voluntary and it requires the employees to provide translations services when requested in accordance with City procedures. Employees eligible for this incentive shall be those employees receiving language incentive pay as of 6/30/2005, and those employees certified after 7/1/2005. Eligibility for employees certified after 7/1/2005 shall be based on successful completion of written and/or oral testing. Individuals assigned to proofread work products generated by the City’s Community Relations Officer shall receive a language incentive of four (4) per-cent of base pay. Such assignments shall be made in writing by the City Administrator and shall be ongoing unless a need for such services ceases to exist. In such a case as the need for services ceasing to exist, revocation of assignment shall be made in writing by the City Administrator; stating the reason(s) for the revocation. Such reasons shall be discussed with the Union prior to implementation of such revocation. ARTICLE 25-EDUCATIONAL INCENTIVES Tuition Reimbursement: The City of Woodburn may reimburse an employee for up to 50% of the amount of tuition for courses approved by the City Administrator which are deemed directly applicable and beneficial to City goals and objectives. The tuition reimbursement policy will be limited by budgetary resources within the Department and will follow the following guidelines; 1.The City may reimburse an employee for the amount of tuition for approved courses conducted outside the employee's regular working hours, provided the employee has made application for approval to the City Administrator at least ten days prior to the registration for such course. 2.Course work eligible for reimbursement must be completed at a college or university holding statewide accreditation. 3.Job-related courses which are only offered during regular working hours may be approved by the Department Head and the City Administrator subject to the operating requirements of the Department. If the course is approved, leave of absences without pay, and/or vacation time, compensatory time, or other paid leave time will be made available to the employee. 4.The City may allow time off with pay, and will reimburse an employee for the expenses of attending classes, or workshops, when attendance is on an assignment basis with prior approval of the employee's Department Head. 5.Reimbursement will not include the cost of travel, books, materials, or other ancillary costs. Reimbursement will be limited to a maximum of six (6) units per semester. 6.Reimbursement for baccalaureate studies shall be based on the average per-unit registration cost of course work at Portland State University, and Western Oregon State University. 28 234 7.Reimbursement will be provided upon documentation of a successful completion of course-work- (i.e., a copy of report card or transcript, and a receipt, cancelled check, or other proof that registration has been paid by the employee). 8.Employee will be reimbursed 50% of tuition cost when course- work is completed with an "A" or "B" grade. Tuition will be reimbursed at only 40% for course- work completed with a "C" grade. There will be no reimbursement for courses completed with a "D" or for failed courses. 9.Employees will be obligated, when deemed applicable, to share the benefit of their education and training with other City employees ARTICLE 26-HARASSMENT POLICY The City of Woodburn is committed to providing a workplace that is respectful and productive for all of its employees. Harassment is defined as conduct which unreasonably interferes with an employee's performance of job duties, or creates an intimidating, hostile, or offensive environment. Harassment on the basis of sex (includes gender, pregnancy, and sexual orientation), race, religion, color, national origin, age, marital status, disability, political affiliation, associating with anyone in the above categories, or engaging in a protected activity, such as reporting harassment or other unlawful acts, is contrary to City policy and will not be tolerated. However, it is recognized that City policy and State and Federal law provide the means for resolution of harassment questions. Therefore, a claimed violation of the provisions of this Article shall not serve as the basis for a claim of a violation of this Agreement. Employees who believe they have witnessed or experienced ARTICLE 27-MILEAGE REIMBURSEMENT When an employee is approved by his supervisor to use their personal vehicle for City use, they shall be reimbursed at the rate established by the Internal Revenue Service. ARTICLE 28-TERMS 28.1 TERM OF AGREEMENT This Agreement shall become effective __________ and shall replace the Agreement previously in force through June 30, 2012. This Agreement shall be binding upon the City, the Union, and its members, and shall remain in full force and effect through June 30, 2015. This Agreement may be amended at any time by mutual agreement of the Union and the City; such amendments shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto set their hands this of ___________ 28.2 CONTRACT AMMENDMENTS This Agreement may be amended at any time by mutual agreement of the Union and the City. Such amendments shall be in writing and signed by both parties. 29 235 IN WITHNESS WHEREOF, the parties hereto set their hands this ______ day of ________________, 2012. FOR THE UNION FOR THE CITY _________________________ _________________________ Neil Bednarczyk Kathryn Figley Council 75 Representative Mayor _________________________ _________________________ Jerry Tabler Scott Derickson AFSCME President City Administrator _________________________ Jeff Hansen AFSCME Representative _________________________ Nora Lillegard AFSCME Representative 30 236 Appendix A AFSCME Grade and Step Wage Scale GradePositionStep 1Step 2Step 3Step 4Step 5Step 6Step 7Step 8 A$ 11.54$ 12.31$ 13.08$ 13.85$ 14.62$ 15.38$ 15.69$ 16.00 BClerk I$ 11.72$ 12.50$ 13.28$ 14.06$ 14.84$ 15.62$ 15.94$ 16.25 C$ 11.90 $ 12.69 $ 13.49 $ 14.28 $ 15.07 $ 15.86 $ 16.18 $ 16.50 D$ 12.12 $ 12.93 $ 13.74 $ 14.55 $ 15.36 $ 16.16 $ 16.49 $ 16.81 E$ 12.35$ 13.17$ 14.00$ 14.82$ 15.64$ 16.46$ 16.79$ 17.12 F$ 12.61$ 13.45$ 14.29$ 15.13$ 15.97$ 16.81$ 17.15$ 17.49 GMeter Reader$ 12.90$ 13.76$ 14.62$ 15.48$ 16.34$ 17.20$ 17.55$ 17.89 HCustodian$ 13.21$ 14.09$ 14.97$ 15.85$ 16.73$ 17.61$ 17.97$ 18.32 Bus Driver IClerk II$ 13.58$ 14.48$ 15.39$ 16.29$ 17.20$ 18.10$ 18.47$ 18.83 JMunicipal Court Clerk$ 13.98$ 14.92$ 15.85$ 16.78$ 17.71$ 18.64$ 19.02$ 19.39 Records Clerk KClerk III$ 14.43$ 15.39$ 16.35$ 17.31$ 18.27$ 19.23$ 19.62$ 20.00 Utility Worker I Library Assistant Accounting Clerk II LUtility Worker II$ 14.91$ 15.91$ 16.90$ 17.90$ 18.89$ 19.88$ 20.28$ 20.68 Water Technician I Permit Technician MLibrary Assistant$ 15.54$ 16.48$ 17.51$ 18.54$ 19.57$ 20.60$ 21.02$ 21.43 Engineering Technician I NWaste Water Operator I$ 16.05$ 17.12$ 18.19$ 19.26$ 20.33$ 21.39$ 21.82$ 22.25 Utility Worker III Water Operator I OEvidence Technician$ 16.37$ 17.46$ 18.55$ 19.64$ 20.73$ 21.82$ 22.26$ 22.70 PEngineering Technician II$ 16.71$ 17.83$ 18.94$ 20.06$ 21.17$ 22.28$ 22.73$ 23.18 Library Associate QCAD/GIS Technician$ 17.55$ 18.72$ 19.89$ 21.06$ 22.23$ 23.39$ 23.86$ 24.33 Fleet Maintenance Technician Waste Water Operator II Water Technician II Bulding Inspector/Plans Examiner I RWater Operator II$ 18.28$ 19.50$ 20.72$ 21.94$ 23.16$ 24.37$ 24.86$ 25.35 Sewer Line Maintenance Technician Waste Water Laboratory Technician Waste Water Operator III Facility Maintenance Technician SBuilding Inspector/Plans Examiner II$ 19.20$ 20.48$ 21.76$ 23.04$ 24.32$ 25.59$ 26.11$ 26.62 Librarian TWaste Water Maintenance Technician$ 20.22$ 21.56$ 22.91$ 24.26$ 25.61$ 26.95$ 27.49$ 28.03 Water Maintenance Technician Associate Planner Industrial Waste Coordinator U$ 21.35$ 22.77$ 24.20$ 25.62$ 27.04$ 28.46$ 29.03$ 29.60 VEngineering Technician III$ 23.37$ 24.93$ 26.49$ 28.05$ 29.61$ 31.16$ 31.79$ 32.41 31 237 Index 32 238 COUNCIL BILL NO. 2907 RESOLUTION NO. 2018 A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 642 FOR THE CONTRACT YEAR BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2015. the purpose of said labor negotiations is to reach an agreement WHEREAS, on matters relating to wages, hours, working conditions, and fringe benefits for certain represented employees, and the City and AFSCME have bargained in good faith and WHEREAS, understanding of the personnel, financial, and organizational impacts related to said agreement, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the City Administrator is authorized to execute on behalf of Section 1. the City of Woodburn, the “Collective Bargaining Agreement” with AFSCME Local 642 once the agreement is in an approved final form based on the tentative agreements between the two parties. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, AssistantCity Recorder City of Woodburn,Oregon Page 1 –Council Bill No. 2907 Resolution No. 2018 239 Agenda Item September 24, 2012 TO:Honorable Mayor and City Council through City Administrator FROM:Jim Row, Community Services Director SUBJECT: Legion Park Grant Agreement RECOMMENDATION: Authorize the City Administrator to enter into the enclosedLocal Government Grant Agreement with the Oregon Parks and Recreation Department. The $44,000 grant was awarded for the Legion Park PlaygroundProject. BACKGROUND: The Community ServicesDepartment, working through the Recreation and Park Board, has identified the need to place a playground at Legion Park to replace play equipment that was removed many years ago for safety reasons. This project metthe funding criteria for the State’s Local Government Grant Programand was the top ranked project in the small grant category (under $75,000). The program requires a 40% local match, which can include cash, contributions of materials, and volunteer labor. DISCUSSION: The 2009 Parks and Recreation Master Plan recommends placing a playground at Legion Park. The Recreation and Park Board considers the Legion Park Playground to be a high priority park development priority for 2012. The French Prairie Kiwanis Club has adopted Legion Park and is interested in supporting the project by supplying volunteersto assist with the installation of the playground. Woodburn Together has also awarded a $1,000 grant toward the project. Installation of the playground is anticipated to occur in spring 2013. FINANCIAL IMPACT: The $44,000 Local Government Grant will be matched with a $1,000 grant Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance _x____ 240 Honorable Mayor and City Council September 24, 2012 Page 2 awarded to the City by Woodburn Together, up to$10,000 in Parks SDCs, and force account/ volunteer labor. 241 LOCAL GOVERNMENT GRANT PROGRAM LGPS-12-01 2012 Legion Park THIS AGREEMENT is made and entered into by and between the State of Oregon, acting by and through City of OPRD the Oregon Parks and Recreation Department, hereinafter referred to as the , and Woodburn , hereinafter referred to as the “Sponsor.” RECITALS WHEREAS , under ORS 390.180, the State and Sponsor may enter into an agreement concerning acquisition, development, and or rehabilitation of public outdoor recreation areas and facilities, hereinafter called “Project,” and the State may make grants of money to assist the Sponsor in such projects. WHEREAS , under OAR Chapter 736, Division 6, the Sponsor agrees to comply with the Local Government Grant Program administrative rules. and the Sponsor agree to the following: NOW, THEREFORE, OPRD AGREEMENT 1. Effective Date. This Agreement shall become effective on the date this Agreement is fully executed and approved as required by applicable law. Unless otherwise terminated or extended, the Project shall be June 30, 2014(“Project Completion Date”) completed by . This Agreement shall expire on the date final payment is made by OPRD. 2. Agreement Documents. This agreement consists of this document and includes the following listed exhibits which are incorporated into this Agreement: Sponsor’s Grant Application Exhibit A: Progress Report Form Exhibit B: Request for Grant Reimbursement Form Exhibit C: In the event of a conflict between two or more of the documents comprising this Agreement, the language in the document with the highest precedence shall control. The precedence of each of the documents comprising this Agreement is as follows, listed from highest precedence to lowest precedence: this Agreement without Exhibits; Exhibit A; Exhibit B; Exhibit C. 3. Grant. In accordance with the terms and conditions of this Agreement, OPRD shall provide Sponsor $44,00060 percent or, whichever is less, of the total project cost, for the purposes described in Section 5. OPRD shall pay the Grant from monies available through the Local Government Grant Program. 4. Project Cost; Matching Funds. $74,000$30,000 Total Cost of the Project is . The Sponsor Match is . The Sponsor shall contribute matching funds or the equivalent in labor, materials, property, or services, which are shown as eligible match in the rules, policies and guidelines for the Local Government Grant Program. park 5. Project: The purpose of this Project is to provide funding assistance to the City of Woodburn for development including natural play area, fossilized dinosaur climbing structure, fossils in sand, fossilized tree trunk swing set, hollow log climber, earth toned slide, signage, and picnic area. The Project is further described in the Sponsor’s Grant Application, which is Exhibit A attached hereto. Sponsor shall have six-months from the Effective Date of this Agreement to commence substantial work (i.e., for the Sponsor to award contracts for work or show at least 25% of work is complete). Projects not in compliance with this schedule may be cancelled unless OPRD determines, in its sole discretion, that Sponsor has provided to OPRD justification for an extension. Page 1 of 8 242 6. Progress Reports. Once work has begun, Sponsor shall report to ORPD on work completed on a quarterly basis as follows: April 30 Period beginning January 1, ending March 31, . . . . . report is due . July 31 Period beginning April 1, ending June 30, . . . . . . . . report is due . October 31 Period beginning July 1, ending September 30, . . . . report is due . January 31 Period beginning October 1, ending December 31, . . report is due . A progress report giving an accounting of the work accomplished is also required whenever Project reimbursements are requested. Reports must be in the form provided in Exhibit B. Sponsor must submit aFinal Report and final reimbursement request to OPRD within 45 days of the Project Completion Date using the form attached hereto as Exhibit B. The final report shall include a full and final accounting of all expenditures and a description of the work accomplished. 7. Disbursement and Recovery of Grant. a. Disbursement Generally. OPRD shall disburse up to 75 percent of the Grant Funds to Sponsor on a cost reimbursement basis upon approval of invoices submitted to OPRD. Sponsor may send invoices to OPRD at any time but no more than once per calendar quarter. Invoices must be in the form provided in Exhibit C attached hereto and provide detail indicating the nature of costs to be reimbursed, and all such costs must be directly related to the Project and Project budget as shown in Exhibit A. Invoices must be signed by an authorized representative of Sponsor. Prior to approval of any invoice, all reports due under Section 6 hereof must be complete and provided to and approved by OPRD. OPRD will disburse the final 25 percent of the Grant Funds upon approval by OPRD of the Final Report and the completed Project. OPRD will not be obligated to make final payment to Sponsor until all documentation and reports due under Section 6 hereof are complete and provided to OPRD, including the ID number or vehicle identification number of any equipment purchased by Sponsor, and subject to a final inspection and approval of the Project by OPRD. b. Allowable Costs. The Grant is for the Project and shall not be used for any other purpose. No Grant funds will be disbursed for any changes to the Project unless such changes are approved by OPRD by Amendment pursuant to section 13.bhereof. Sponsor shall not use any Grant Funds for administration, overhead or indirect costs, whether or not related to this Agreement. c. Conditions Precedent to Disbursement. OPRD’s obligation to disburse Grant moneys to Sponsor under this Agreement is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent: funding, appropriations, limitations, allotments, or i . OPRD has received sufficient other expenditure authority sufficient to allow OPRD, in the exercise of its reasonable administrative discretion, to make the disbursement. ii . No default as described in section 11 has occurred. iii . Sponsor’s representations and warranties set forth in section 8are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. iv. Sponsor shall provide OPRD a copy of all necessary federal, state and local permits required for the Project. d. Recovery of Grant Moneys. Any Grant moneys disbursed to Sponsor under this Agreement that are expended in violation or contravention of one or more of the provisions of this Agreement (“Misexpended Funds”) or that remain unexpended on the earlier of termination or Page 2 of 8 243 expiration of this Agreement must be returned to OPRD. Sponsor shall return all Misexpended Funds to OPRD promptly after OPRD’s written demand and no later than 15 days after OPRD’s written demand. Sponsor shall return all Unexpended Funds to OPRD within 14 days after the . earlier of expiration or termination of this Agreement 8. Representations and Warranties of Sponsor. Sponsor represents and warrants to OPRD as follows: aOrganization and Authority .. Sponsor is a: [X] Municipal agency [ ] Other Governmental Entity (regional governments, port districts, special districts, etc) duly organized and validly existing under the laws of the State of Oregon and is eligible to receive the Grant. Sponsor has full power, authority and legal right to make this Agreement and to incur and perform its obligations hereunder, and the making and performance by Sponsor of this Agreement (1) have been duly authorized by all necessary action of Sponsor and (2) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of Sponsor’s Articles of Incorporation or Bylaws (3) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Sponsor is a party or by which Sponsor or any of its properties may be bound or affected. No authorization, consent, license, approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Sponsor of this Agreement. b. Binding Obligation . This Agreement has been duly executed and delivered by Sponsor and constitutes a legal, valid and binding obligation of Sponsor, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors’ rights generally. c. Use of Project property: Sponsor further warrants that the land within the project boundary described in Exhibit A shall be dedicated and used for a period of no less than 25 years from the completion of the Project. Sponsor agrees to not change the use of, sell, or otherwise dispose of the land within the Project boundary, except upon written approval by OPRD. Leases for projects placed on federally owned property must be at least 25 years. other than as described in the If the Sponsor converts lands within the Project boundary to a use grant application or disposes of such land by sale or any other means, the Sponsor must provide replacement property acceptable to OPRD within 24 months of either the conversion or the discovery of the conversion. If replacement property cannot be obtained within the 24 months, the Sponsor will provide payment of the grant program’s prorated share of the current fair market value to the State. The prorated share is that percentage of the original grant (plus any amendments) as compared to the original project cost(s). The replacement property must be equal to the current fair market value of the converted property, as determined by an appraisal. The recreation utility of the replacement property must also be equal to that of the lands converted or disposed. If conversion should occur through processes outside of the Sponsor’s control such as condemnation or road replacement or realignment, the Sponsor will be required to pass through to the State that prorated share of whatever consideration is provided to the Sponsor by the entity that caused the conversion. The monetary value of whatever consideration provided by the taking will normally consist of the fair market value of the property established by an appraisal. The warranties set forth above are in addition to, and not in lieu of, any other warranties set forth in this Agreement or implied by law. Page 3 of 8 244 9. Certain Covenants of Sponsor. Sponsor shall: a. Grant Funds. Vigilantly safeguard the Grant moneys received hereunder and maintain financial controls sufficient to protect such moneys and ensure that the Grant moneys are used solely for purposes of the Project; b. Completion. Complete the Project on or before the expiration date of this Agreement and submit a final report for the Project to OPRD in accordance with Section 6 hereof. c. Publicity. Sponsor shall make every effort to acknowledge and publicize ORPD’s participation and assistance with the project. Sponsor agrees to place signs at the Project location acknowledging ORPD’s grant program support. Sponsor also agrees to maintain the signs throughout the life of the project. State may withhold final reimbursement payment until signage has been placed. d. Public Access to Project: The Sponsor shall allow open and unencumbered public access to the completed Project to all persons without regard to race, color, religious or political beliefs, sex, national origin, or place of primary residence. 10. Records Maintenance and Access . a. Access to Records and Facilities . OPRD, the Secretary of State of the State of Oregon (Secretary) and their duly authorized representatives shall have access to the books, documents, papers and records of Sponsor that are directly related to this Agreement, the Grant moneys provided hereunder, or the Project for the purpose of making audits and examinations. In addition, OPRD, the Secretary and their duly authorized representatives may make and retain excerpts, copies, and transcriptions of the foregoing books, documents, papers, and records. Sponsor shall permit authorized representatives of OPRD and the Secretary to perform site reviews of all services delivered as part of the Project. b. Retention of Records. Sponsor shall retain and keep accessible all books, documents, papers, and records, that are directly related to this Agreement, the Grant moneys or the Project for a minimum of six (6) years, or such longer period as may be required by other provisions of this Agreement or applicable law, following the expiration date. If there are unresolved audit questions at the end of the three-year period, Sponsor shall retain the records until the questions are resolved. c. Expenditure Records. Sponsor shall document the expenditure of all Grant moneys disbursed by OPRD under this Agreement. Sponsor shall create and maintain all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit OPRD to verify how the Grant moneys were expended. 11. Default. Sponsor shall be in default under this Agreement upon the occurrence of any of the following events: a . Sponsor fails to perform, observe, or discharge any of its covenants, agreements, or obligations set forth herein. b . Any representation, warranty or statement made by Sponsor herein or in any documents or reports relied upon by OPRD to monitor implementation of the Project, the expenditure of Grant moneys or the performance by Sponsor is untrue in any material respect when made; c . Sponsor (i) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (ii) admits in writing its inability, or is generally unable, to pay its debts as they become due, (iii) makes a general assignment for the benefit of its creditors, (iv) is adjudicated as bankrupt or insolvent, (v) commences a Page 4 of 8 245 voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (vi) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (vii) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (viii) takes any action for the purpose of effecting any of the foregoing; or d . A proceeding or case is commenced, without the application or consent of Sponsor, in any court of competent jurisdiction, seeking (i) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of Sponsor, (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of Sponsor or of all or any substantial part of its assets, or (iii) similar relief in respect to Sponsor under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against Sponsor is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect). eRemedies upon Default. . If Sponsor’s default is not cured within 30 calendar days of written notice thereof to Sponsor from OPRD or such longer period as OPRD may authorize in its sole discretion, OPRD may pursue any remedies available under this Agreement, at law or in equity. Such remedies include, but are not limited to, termination of this Agreement, return of all or a portion of the Grant moneys, payment of interest earned on the Grant moneys, and declaration of ineligibility for the receipt of future grant awards from OPRD. If, as a result of Sponsor’s default, OPRD demands return of all or a portion of the Grant moneys or payment of interest earned on the Grant moneys, Sponsor shall pay the amount upon OPRD’s demand. 12. TERMINATION a. Termination for Convenience. Either party may terminate this Agreement at any time prior to the expiration date of this Agreement upon 15 days notice to the other party. Neither party shall incur any new obligations for the terminated portion of this Agreement and shall cancel as many obligations as possible immediately upon receipt of notification from the other party. Payment in full shall be allowed for the non-cancelable obligations properly incurred up to the effective date of the termination. All Unexpended Funds shall be returned to OPRD within 14 days of termination. b. OPRD Termination. OPRD may terminate this Agreement: i . Immediately upon written notice to Sponsor, if OPRD does not obtain sufficient funding and expenditure authorizations to allow OPRD to meet its payment obligations under this Agreement. ii . Immediately upon written notice to Sponsor if state or federal laws, regulations, or guidelines are modified, changed or interpreted in such a way that OPRD does not have the authority to provide Grant moneys for the Project or no longer has the authority to provide the Grant moneys from the funding source it had planned to use. iii . Upon 30 calendar days advance written notice to Sponsor, if Sponsor is in default under this Agreement and such default remains uncured at the end of said 30 day period or such longer period, if any, as OPRD may specify in the notice. 13. GENERAL PROVISIONS a. Indemnification. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, Sponsor shall indemnify, defend (subject to ORS chapter 180), and hold harmless the State of Page 5 of 8 246 Oregon and OPRD and their officers, employees, and agents from all claims, suits, actions, loses, damages, liabilities, costs and expenses of any nature, resulting from, arising out of or relating to the activities of the Sponsor or Sponsor’s officers, employees, sub-contractors, or agents under this Agreement. b. Amendments. This Agreement may be amended or extended only by a written instrument signed by both parties. A request for an extension of the Project Completion Date for a six month period may be granted if requested by Sponsor in writing at least 30 days prior to the Project Completion Date and the request includes a compelling need, as determined in OPRD’s sole discretion, for the extension. c. Participation in Similar Activities. This Agreement in no way restricts Sponsor or OPRD from participating in similar activities with other public or private agencies, organizations, or individuals. d. Duplicate Payment. Sponsor is not entitled to compensation or any other form of duplicate, overlapping or multiple payments for the same work performed under this Agreement from any agency of the State of Oregon or the United States of America or any other party, organization or individual. All sponsor matching contributions must be used and expended for this project only and within the Project period. e. No Third Party Beneficiaries. OPRD and Sponsor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly or indirectly, to a third person unless such a third person is individually identified by name herein and expressly described as intended beneficiary of the terms of this Agreement. fNotices. . Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid to Sponsor or OPRD to the applicable Principal Contact at the address or number set forth below, or to such other addresses or numbers as either party may indicate pursuant to this section. Any communication or notice so addressed and mailed shall be effective five (5) days after mailing. Any communication or notice delivered by facsimile shall be effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours of the Sponsor, or on the next business day, if transmission was outside normal business hours of the Sponsor. Any communication or notice given by personal delivery shall be effective when actually delivered. OPRD: Oregon Parks and Recreation Department Local Government Grant Program Coordinator 725 Summer Street NE, Suite C Salem, OR 97301 Phone: 503-986-0708 Fax: 503-986-0794 Sponsor: City of Woodburn Jim Row 270 Montgomery Street Woodburn, OR 97071 503-982-5265 Phone: 503-980-2448 Fax: jim.row@ci.woodburn.or.us Email: Page 6 of 8 247 g. Governing Law, Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, “Claim”) between OPRD (or any other agency or department of the State of Oregon) and Sponsor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County in the State of Oregon. In no event shall this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION OF any court. SUCH COURT, WAIVES ANY OBJECTION TO VENUE, AND WAIVES ANY CLAIM THAT SUCH FORUM IS AN INCONVENIENT FORUM . h. Compliance with Law. Sponsor shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Agreement or to the implementation of the Project. Without limiting the generality of the foregoing, Sponsor expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to the Agreement or the implementation of the Project: (a) all applicable requirements of state civil rights and rehabilitation statutes, rules and regulations, (b) Titles VI and VII of the Civil Rights Act of 1964, as amended, (c) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, (d) the Americans with Disabilities Act of 1990, as amended, and ORS 659A.142, (e) Executive Order 11246, as amended, (f) the Health Insurance Portability and Accountability Act of 1996, (g) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended, (h) the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, (i) all regulations and administrative rules established pursuant to the foregoing laws, and (j) all other applicable requirements of federal civil rights and rehabilitation statutes, rules and regulations. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Agreement or the Project and required by law to be so incorporated. Sponsor shall not discriminate against any individual, who receives or applies for services as part of the Project, on the basis of actual or perceived age, race, creed, religion, color, national origin, gender, disability, marital status, sexual orientation, alienage or citizenship. All employers, including Sponsor, that employ subject workers who provide services in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless such employers are exempt under ORS 656.126. i. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. j. Assignment of Agreement, Successors in Interest. Sponsor shall not assign or transfer any interest in this Agreement, enter into any subcontracts, or subgrant any Grant moneys, without the prior written approval of OPRD. Any such assignment, transfer, subcontract, or subgrant, if approved, is subject to such conditions and provisions, as OPRD may deem necessary, including without limitation that, for any portion of the Project awarded by Sponsor to a contractor, Sponsor shall provide to OPRD a copy of the contractor’s performance bond in the amount of the contract issued by a surety company authorized to do business in Oregon. No approval by OPRD of any assignment, transfer, subcontract or subgrant shall be deemed to create any obligation of OPRD in addition to those set forth in this Agreement nor will OPRD’s approval of an assignment, transfer, subcontract or subgrant relieve Sponsor of any of its duties or obligations under this Agreement. k. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the rights and obligations set forth in Sections 6, 8, 10, 13.a, 13.e, 13.g, 13.k and 13.l. l. Integration and Waiver. This Agreement, including all Exhibits, constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. The delay or failure of either party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or any Page 7 of 8 248 other provision. Sponsor, 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. IN WITNESS THEREOF: the parties hereto have caused this agreement to be properly executed by their authorized representatives as of the day and year hereinafter written. Sponsor: ORPD Grant Program: By:_______________________________ By:______________________________ Printed Name & Title Local Government Grants Program Coordinator __________________________________ _________________________________ Sponsor Signature Date __________________________________ _________________________________ Date Grants Division Manager _________________________________ Date State of Oregon, acting by and through its State Parks and Recreation Department By:________________________________ Roger Roper, Assistant Director ___________________________________ Date Approved for legal sufficiency (when Grant amount exceeds $150,000) Oregon Department of Justice By: Date: Page 8 of 8 249 n y ' WOON I +ro,vor.,ire leaf SUB 2012 -01, VAR 2012 -02, EXCP 2012 -01 Kalugin Estates subdivision Applicable criteria from the Woodburn Development Ordinance (WDO) are Sections: 1.101, 1.102, 2.101, 2.102, 3.101, 3.102, 3.103, 3.104, 3.105, 3.106, 4.101, 4.102, 5.103, and 6.103. Additional relevant criteria are the goals and policies of the Woodburn Comprehensive Plan, and the right -of -way standards of the Woodburn Transportation System Plan. Oregon Law and the Woodded DheabpmeMOMia..gwemlocalqu jWiaal IoM ass, peerirl eM requiretbal permm Mn adult bandesetlercarton rghisaMdNies behead. hash begins. The pptced hater Wthis he Mare listed' i n this presentation aM In the hall. of public heMM, This tut of all applme, aden i tnMW' in the staff ahead. is The heard, MR idamedn the falloyan, gationall nter gaff him, aeali.M's lasaaahWi ta9imon, in favorof the apd.rhn, histamine, in oppadt'an W the application, red ids. decal amens, deliberation anal Redan , The law requires that all toman y,eyumeMe aM evWe. m,6 be ddedM bwaM the b &el ari If a eaten polevm WM1a adults In the plan or IoM use reaulatian apgy, those cMeda mud be ideMdW aM disaasW un the de.M, The tlecivommakermay reawneply limnoael pde.MtignsbIagihde.Mi up�nlimemn4alntsantlmmnteMlhffiise is eppli.daper eaval crneda. Any y taff mar ar submit .linen mabdelawfi remM ile the is nean. Fmiumtomi.enis ea=.Wp 1. byttemu MSoreviden .wRciemtoafbMthedeasion' makerand all iMere tad pedi� an op.dunity to r M b tM iswe a W. an appeal b dg Lend We 9oaM of Aa is based on that imuh. Failure M the moioad to onee a ..npdb.l aloha. issue Wee to po aaa,, mndimei of sternest anth suffded apeafidry at allow the CRY to regiond b the Imae prnGWes an a lion br damages in time mud. ow d >® Pal h i� R G d oi w � 'eau�na.. Y _ l _ __ -- 8 } pI to H had S'.'. H'ao I n Subject roperty ! ! r I 1 " ! i 2 Varian k latvAU1F - Y I � 1 3 Varian for 9rae1 cNS r,Arr o �rcalupin Lxne xM cemannial onve) LES i lL � - R ESIDENTIAL AL WITH +er C wv PA G ROTH SIDES 1 5 Vaiarlce ror�w m.erep. ` 4 �t m .anan�o loi sma �Inaa - I- 1 5 Vaiarlce ror�w m.erep. ` 4 �t m Exmp[ionM Stood RgMrof -WayaM lmpmvemeM Requiemena (HaNrayle AVmue) 9ERVICE $ CWLCCTOR r Y V ° rr 9TREET W l IA � Exac ton to Street RpMOf -WI.1 Impmvamenl Requirements (HaNCa 11e Avenue) COLLECTOR STREET �r Exodp BO toot rigMg4wary. The pia-doll foot detlrtaoon. Exception to Streal RigMgf -Way and lmpopereand RequVameMa(Hande lle Avenue) ER VICE pis r•e_ 9TPEET COLLECTOR -- wm STREET u 0 P ' Exls9ng< foot bike lanes to remain. Exception to Street RigMroLWay ant! lmpmvameM RequiremaMa(Hani the Avenue) SERVICE w COLLECTOR pis r•e_ 9TPEET Exception to Street RigM-ot -Way eM Impmvement Requirements (Hale lle Avenue) SERVICE ru�ernn COLLECTOR r I _ STPEEi A n \ No plancer y p exa e, or pmpasstl. ExlYlrg 1 5 fool planter nnp to remain use Exception to Street RigMOLWay and Impmvement Requirementx (HeMcadle Avenue) SERVICE COLLECTOR STREET J e Existing 11 foot havel lanes to remain 5 The Planning Commission held a public hearing on the proposed subdivision and variances on July 26, 2012 . The Planning Commission recommended approval of cases SUB 2010 -02, VAR 2010.02, and EXCP 2010 -02 subject to the following conditions: The property owner shall execute an acceptance of these conditions on a form provided by the City. The property owner shall develop and maintain the subject property in accordance with all provisions of the WDO, whether or not addressed in the staff review, conditions of approval, or public hearing. The property shall be developed in substantial conformity to the plan attached hereto as Exhibits A through G. The property owner shall submit a street tree plan that shows the equivalent of at least 41 small, 31 medium, or 20 large street trees (per Section 6.103) and shall identify the species of street tree to be planted. Two off - street parking spaces per dwelling unit in a garage will be required during the building permit process, in accordance with Table 3.12. The Planning Commission voted unanimously to approve the proposed subdivision and variances, subject to conditions. The property owner shall enter into a non- remonstrance agreement with the City to participate in future street improvements to Hardcastle Avenue. The property owner shall resolve the following items with the Public Works Department prior to approval of the final plat: - Actual Geodetic Elevations are required for all stone and sanitary sower facilities. - Public Works needs to obtain Me revised storm drainage report for this Subdivision. - Sewer laterals far Lots 6, 9, 11, 12, and 13 are in congicl with the proposed tree loralt.m. - The PUE is not shown on the preliminary plat sheaf -the THE needs to be shown on this shesl. - Centennial Drive should be U4 wide throughout the swelopi Me yawibpl to 27 sMild oco rwith Me fuhue eesterty dxvelopaw, - Ensure Nat all proposed homes can be reached per Woodbum Fire District requirements (250'). - Sanitary sewer lateral and water line are too close to each other for Lots 12 and 6. - Sanitary sewer lateral and water line to fire Hydrant are too close to each other for Lat 15. L . ,_/:xhi bi 1" i September 22, 2012 To: Mayor Kathy Figley, and the Woodburn City Council Re: Kalugin Estates, SUB 2012 -01, VAR 2012 -02, EXCP 2012 -01 For your consideration, When the Planning Commission first received the Kalugin application, I confess that our reaction was very similar to Council's reaction: This can't happen! As we proceeded through the hearing, we began to see that very little else was possible on that particular site. Aware that the site was not big enough to qualify for a planned unit development, we carefully looked at the applicant's reason for coming back to us with this proposal. A small lot development was the only thing feasible due to the narrowness of property. A close look at the builder's plans for development showed that he had worked hard to come up with a design that is practical for this land and pleasing to potential buyers. Without going minute by minute through our deliberations, we all came to feel that the affordable homes, albeit on small lots, would be economically feasible for the builder, give a boost to a neighborhood in need of affordable housing, be an asset to neighborhood, and the design would be an asset to the city as a whole. We were determined that everyone understand that this approval did not reflect a change in our determination to adhere to the WDO, but that it was rather, a practical way of looking at an unusual property. This became a simple matter of looking at the parcel and deciding what was best for the city of Woodburn, the neighborhood, and the property owner. I hope that you will uphold our unanimous decision. Thank you. JV "`ivy Ellen Bandelow a_-kcL Woodburn Planning Commission Chairperson CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the city Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. NAME: PHONE # S`W) 76(� , Z 0S ADDRESS: ,' C 7 �r��G��) C 3 AGENDA DATE: �� &L6 /.? AGENDA ITEM #: /0 COMMENTS: FOR OFFICE USE ONLY: Follow -up: CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the city Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. NAME: 4;z,/ � �s /i1 PHONE # (fa - �?5 7 Z - ADDRESS: /�"�a����(�� AGENDA DATE: AGENDA ITEM #: COMMENTS: FOR OFFICE USE ONLY: Follow -up: