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City Council Packet - 11/19/2013 :, i • City of Tigard TIGARD Tigard Workshop Meeting—Agenda 0 TIGARD CITY COUNCIL Revised Nov.14,2013-Item No.4 Title Revised and Agenda Item Summary Added to Packet MEETING DATE AND November 19,2013 - 6:30 p.m. TIME: MEETING LOCATION: City of Tigard -Town Hall - 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Times noted are estimated. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171,ext. 2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings-Channel 28 'Every Sunday at 7 a.m. •Every Monday at 1 p.m. •Every Wednesday at 2 p.m. •Every Thursday at 12 p.m. •Every Friday at 3 p.m. SEE ATTACHED AGENDA • City ' o f Tigard TIGARD Tigard Workshop Meeting—Agenda • TIGARD CITY COUNCIL Revised Nov.14,2013-Item No.4 Title Revised and Agenda Item Summary Added to Packet MEETING DATE AND November 19,2013 -6:30 p.m. TIME: MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are dosed to the public. 1. WORKSHOP MEETING A. Call to Order-City Council B. Roll Call C. Pledge of Allegiance D. Council Communications &Liaison Reports E. Call to Council and Staff for Non-Agenda Items 2. RECEIVE REPORT AND DISCUSS POLICY REVIEW ON THE STREET MAINTENANCE FEE 3. RECEIVE BRIEFING ON UPCOMING CHANGES TO THE CITY'S LAND USE PERMIT INTAKE PROCESS 4. DISCUSS POLICY QUESTIONS RELATED TO A DRAFT INTERGOVERNMENTAL AGREEMENT TO PROVIDE WATER SERVICE TO KING CITY AND OTHER ENTITIES 5. RECEIVE REGIONAL TRANSPORTATION PLANNING UPDATE 6. COUNCIL LIAISON REPORTS 7. NON AGENDA ITEMS 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9. ADJOURNMENT AIS-1454 2, Workshop Meeting Meeting Date: 11/19/2013 Length (in minutes): 45 Minutes Agenda Title: Report and Policy Review on the Street Maintenance Fee (Joint AIS from FIS and PW) Prepared For: Toby LaFrance Submitted By: Cathy Wheatley, Administrative Services Item Type: Update, Discussion, Meeting Type: Council Direct Staff Workshop Mtg. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE On October 22, 2013, Senior Project Engineer Mike McCarthy, Interim Public Works Director Brian Rager and Assistant Finance Director Debbie Smith-Wagar presented a two-year report on the Street Maintenance Fee. At that time, staff gathered questions that needed to be researched. At this Workshop, staff will answer the questions that have been collected in two parts: 1) How the current program addresses the questions; and 2) Recommendations, if any, from staff as to proposed changes to the program. Should Council want to pursue any targeted areas for changes, staff can bring back additional discussion items in a third meeting. STAFF RECOMMENDATION / ACTION REQUEST This is a workshop discussion. Staff requests council provide direction on: 1) Adequacy of provided answers; 2) Recommended changes to the program; and 3) Whether council has additional questions that should be scheduled for a subsequent meeting. KEY FACTS AND INFORMATION SUMMARY The Pavement Management Program (PMP) is funded through the Street Maintenance Fee (SMF). In addition the SMF pays for a limited amount of Right of Way (ROW) maintenance. Staff will present some background on what the PMP and the ROW maintenance does and does not do for Tigard. As additional background information, staff has attached to this Agenda Item Summary (AIS) the "Street Maintenance Program" document that was created in 2009 and is still available on the city's website. Staff will present and discuss the questions collected from Council about the PMP, ROW maintenance, and SMF. A summary of the questions and answers is attached to the AIS (see "Street Maintenance Fee Questions and Answers"). The answers provided are geared toward how the programs and fee are currently administered. In addition to that answer, staff is also providing a recommendation for any areas of change or improvement, if any. OTHER ALTERNATIVES Council can choose to cancel the discussion workshop. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION October 22, 2013 Attachments Pavement Management Program and Street Maintenence Fee Q&A Street Maintenance Document 4-year Financial History History by Month for FY 2013 MEMORANDUM TIGARD TO: The Honorable Mayor and City Councilors FROM: Finance and Information Services Director Toby LaFrance Interim Public Works Director Brian Rager City Engineer Mike Stone RE: Street Maintenance Fee and Program Information DATE: November 6,2013 The following questions arose during our October 22,2013, discussion about the Street Maintenance Fee,Pavement Management Program, and Right-of-Way Maintenance Program. Below are answers to these questions. These programs will be discussed at the November 19 work session. Q: Number of parking spaces is the basis for calculating the fee for nonresidential properties. Is this the right approach/methodology to calculate the fee? The number of required parking spaces is currently used as a proxy for the wear-and-tear caused by traffic to and from each property. The number of required parking spaces is established in TMC 18.765 and is typically based on the square footage of the building. So this essentially becomes a per-square-footage fee based on the type of business. One effect of using the parking code is that changes to the parking code result in changes to the Street Maintenance Fee— such as in the spring of 2013 when parking requirements for certain uses were reduced,which had the side effect of reducing Street Maintenance Fee revenue. There are other methodologies that can be used. The most common one being used by many cities is the use of trip generation by a development,as listed in the Institute of Transportation Engineers (TIE) Trip Generation Manual,with adjustments being made for trip length,pass-by trips, and other factors. Washington County's Transportation Development Tax (1'DT) methodology is based on trip generation and could also be adapted to calculate the Street Maintenance Fee. Staff will discuss the pros and cons of changing methodology during our discussion. Q: How are roof eaves and internal hallways factored in to the fee calculation, and is this fair to those property owners? Roof eaves and other overhangs are not included in building size. Internal hallways and common areas in multi-tenant buildings are typically divided proportionally among the tenants,unless the property owner/manager tells us otherwise,in which case we typically follow their suggestion. Q: Should the city change the "cap" of parking spaces used to calculate the fee for larger retailers, and what would the implications be to raise or lower that cap? The council could certainly choose to raise the parking space cap above the current cap of 250 spaces. In 2010, the council chose to raise the cap from 200 spaces to 250 spaces. Without a recalculation of the fee,the increase of the cap would raise revenues received from the business uses but would also likely raise opposition from that same community, based on previous methodology discussions with council concerning the SMF. Q: Washington County will place a vehicle registration fee before voters in November 2014 intended to address street maintenance. There is a share of this local revenue that may be allocated to cities. Should Tigard consider changing its fee level in anticipation of this potential revenue? This potential funding source has many significant uncertainties at this time. Further,it is important to note that the SMF only covers preventative measures for prolonging the life of pavement. The revenues from the SMF do not cover the costs of reconstruction of streets with a PCI rating of less than 50. At present,Tigard has a backlog of approximately 22 miles of streets that fit that condition. Staff's opinion is that any additional funding that could be used for street improvements should be an addition to,not a replacement of, current SMF funding. Q: What is the reserve policy of the Street Maintenance Fund? Are we collecting more revenue than we are using? Attached to the AIS are two documents that support the answer to these questions. The reserve policy of the Street Maintenance Fund is to have enough beginning fund balance to be able to pay for the program expenses that mostly occur in the first 2-3 months of the fiscal year. In order to accomplish sufficient fund balance, the program expenses have been lower than the revenues and it appears that a sufficient beginning fund balance has been achieved. There are two attachments to the AIS. The first is the last four years of resources and requirements in the Street Maintenance Fund. This document shows by year, the beginning fund balance, the current revenues, the current expenses, and the resulting ending fund balance. With the exception of FY 2012, most of the current revenues were used and the current revenues exceeded the current expenses by$60K- $200K. FY 2012 is the exception where fund balance grew by nearly$600K. The second attachment to the AIS shows the same information of resources and requirements,but it is by month for FY 2013. This document shows that the fund's beginning fund balance that exceeds $1 million on July 1,2012 was reduced three months later to $141K by the end of September. This document both demonstrates the need for a healthy beginning fund balance and that the current beginning fund balance is sufficient for our current program. Q: How are we doing catching up on our paving needs? By focusing on pavement preservation on all streets and pavement overlays on busy streets, we have been able to increase our average pavement condition index (PCI) from a 68 (out of 100) to a 70. However, there is a backlog of approximately 22 miles (15%) of our streets that need paving, but for which no paving is planned because all of our overlay funding is used up on busier streets. These are primarily local residential streets where the PCI falls below 50. At current funding levels,we anticipate being able to slightly increase our average PCI from 70.0 to 70.5 over the next five years. We would not be able to significantly reduce our paving backlog,but we anticipate being able to keep it from growing significantly. Q: What would it take to get to our goal? In 2010 Council adopted a long-term PCI goal of 72 to 75. Our current funding level is enough to `hold the line' and keep our PCI at its current level of 70. Approximately$2 million total in additional funding would be necessary to achieve a PCI of 72, and approximately$5 million total would be necessary to achieve a PCI of 75. A PCI in the low 80's is considered ideal because the public would have good streets, the long-term maintenance costs would be the lowest,and backlog would be paved. Approximately$1 million in additional annual funding would be necessary to reach this level in ten years. Q: Sensitivity analysis—how much improvement do we get for each additional dollar? Staff has found that it takes roughly an additional $1 million to gain 1.0 points of PCI on our overall street network. If we did no pavement work for a year, our PCI would decrease by about 1.7. The $1.8 million budgeted is anticipated to be enough to counter this deterioration and improve our PCI by a very slight 0.1 per year. Q: What is the residential/non-residential balance—in terms of need, expenses, and revenue collection? The ordinance assigns paving costs and needs to residential and nonresidential users by the following formula: • Arterials: 62.5% Commercial; 37.5%Residential • Collectors: 50%/50% • Neighborhood Routes and Local Streets (residential zones): 100% Residential • Neighborhood Routes and Local Streets (commercial zones): 100% Commercial Over the past five years (2009-2013) 69%has been spent on residential streets and 31% on commercial streets. Over the next five years (2014-2018) 58% is planned on residential streets and 42% on commercial streets As we will be doing more overlays over the next five years, and as we have brought up the condition of our arterials and collectors,we will be able to pave more streets in commercial and industrial areas. The ten year total (2009-2018) is 62% Residential and 38% Commercial Q: What is the cost breakdown between paving program, ROW program, billing/collection costs, etc.? • Pavement Overlay Contract: $850,000 • Slurry Seal Contract: $350,000 • Crack Seal Contract: $100,000 • Design: $100,000 • Inspection: $120,000 • Rating and Inventory: $ 80,000 • Billing/Admin Support $110,000 • Right of Way Maintenance: $100,000 • TOTAL: $1,810,000 Q: Relative benefit—will the next dollars spent give us as much benefit as the last dollars spent? In the past six years we have slurry sealed all of the residential streets in Tigard that are good candidates for slurry seals. These pavement preservation treatments give us the most PCI improvement per dollar, but we have done all that we can do for the next few years. The next dollars spent will be more on overlays which provide a good pavement improvement for the dollar, but not as much as the slurry seals did. We will be required,in conjunction with our overlays, to retrofit curb ramps to meet Americans with Disabilities Act standards. While we were able to increase our PCI by about a half-point annually in recent years,we don't anticipate being able to do so over the next few years. Q: What is our outlook for the future? In order to answer some of these questions and provide information about our funding options and their effects on our street network, staff has evaluated potential 5-year paving plans based on the following four scenarios: 1) Current funding level Slight improvement from 70.0 to 70.5 at end of 2018. 2) Getting to a ystemwide PCI of 72 within five years, and on track for 75 in ten years(funding increase) Approximately $400,000 of additional annual funding would be needed. 3) Keepinggood streets good,plus reducing backlog to less than 10 miles in five years, and on track to eliminate backlog in 10 years(larger funding increase) Approximately$1,000,000 of additional annual funding would be needed. This would result in a network PCI of about 80,which provides good streets for the public, allow the city to pave its backlog streets,and maintain its pavement condition at the lowest long-term maintenance cost. It is cheaper to maintain a PCI of 80 than it is to maintain a PCI of 70. 4) Funding reduction of 33%from current funding level PCI would decrease by about 0.5 per year and backlog would increase by about 1.5 miles per year Q: What factors will affect this program in the future? Asphalt is an oil product and its price can fluctuate wildly. Because asphalt is such a key component of a paving program, asphalt price fluctuations can wreak havoc on the planning and budgeting of a paving program. The Street Maintenance Fee includes an inflation adjustment (based on an ENR construction cost index and Oregon's asphalt material price) with a floor of 2% and cap of 7%. Prices are anticipated to rise as the economy picks up and as finite resources are depleted. If construction and asphalt price inflation exceeds 7%, we will not be able to accomplish the paving work we have planned. Federal guidelines have recently been issued that require agencies to retrofit curb ramps to Americans with Disabilities Act (ADA) standards any time they pave streets adjacent to those ramps. Future pavement overlays are planned to include these ramp retrofits,which are anticipated to comprise about 15%of the total paving project cost. TMC 15.020 does not currently allow Street Maintenance Fee funds to be used to replace curb ramps because they are outside the existing curb lines. As other funding sources are limited and because these ramp retrofits are required by law in conjunction with pavement overlays, staff recommends amending the code to allow Street Maintenance Fee funds to be used for ramp retrofits and other work required by law to be done in conjunction with paving work. Q: Staff Recommendation One of the city's biggest assets is its 152-mile street network. Staff recommends preserving this asset by continuing the pavement preservation and overlay treatments that have been used effectively in recent years. Staff also recommends addressing the backlog of streets that badly need paving but have not been paved due to funding limitations. This would provide our citizens good streets,reduce vehicle maintenance costs,pave streets that badly need it, prepare for inevitable increases in asphalt (oil) prices, and get us to a level that minimizes the city's long-term pavement maintenance cost. This would necessitate an additional $1 million of annual revenue for this program that is currently funded by the Street Maintenance Fee. Q: Any recommended changes to the ROW Maintenance Program? Yes. Staff spoke to council briefly regarding the current program and provided council with a list of city collectors and arterials that fit the criteria of the SMF ordinance. The current program has resulted in substantial visual improvement to the ROW of many collectors, including Durham Road and parts of Gaarde Street. With the current funding level, staff is comfortable that we could maintain a "maintenance" level on the list of streets. This would include periodic pruning,general cleaning of debris and replacement of barkdust. Council has also expressed a desire to see beautification of Pacific Highway and gave staff direction several years ago to work with ODOT and ask them to include landscaping in their projects. ODOT has agreed to do this,but has made it clear that they expect Tigard to maintain the landscaping. Maintenance of ODOT ROW landscaping is not something that can be currently covered by the SMF. Current pieces of Pacific Highway where this applies includes the work near the intersection of Canterbury Lane and the pending work that is a part of the Walmart improvements. Staff recommends the council consider an increase in the SMF to allow city staff to perform landscape maintenance work in ODOT ROW in order to cover these additional costs. Traffic control alone will drive the cost of the maintenance work higher than typical city street work. Staff recommends an initial increase of$100,000 per year (bringing the total program budget up to$200,000 per year). Staff can report back to council each year as to actual costs and make recommendations as to any adjustments at those times. Air Ilklilik .,,,.,,,,,,p, A 110,....t Igor .1.. , . SI r) r 1 -L 1 r i : ' 1 \ rdi ,L-4, . .. . . .. .. • . ,...,. . .. fi . .. , . • .... .: . .. .. : . , . • . , . .. Roads represent one of , J. the largest investments P R 0 G R A M owned by the City, an investment that's in need . of repait INSIDE : Street Maintenance Fee Update > 1 The Tigard City Council F. Contact Information > 1 is seeking citizen input Street Maintenance 101 > 2 about the condition of Importance of Maintenance > 3 What is the Street Maintenance Fee? > 6 its streets and how to .,. - "- Pavement Conditions > 8 protect this investment. l_,, Pavement Major Maintenance Program > 11 ,, Future Street Maintenance Funding > 12 ,• Itikx: t. Frequently Asked Questions > 14 �NtihNik Transportation Financing Strategies Task Force > 17 1 `' r Appendix > al City of Tigard i 13125 SW Hall Blvd.,Tigard, OR 97223 ' www.tigard-or.gov/input Tigard Street Maintenance Review .. •,N -...--, ;4.,-;:-..y_..,,-. t' t t. : '..7;•• 1; , • :t 1611 r-!f. ' 4• A > > > > > > > > > > > > > > > > > > > ?' ' Questions or Comments. ,4' :t 1 " . ,,fir. 7 ' ' - -' .i 1�.. ft 4 : !' • : • 1� .. You can submit your comments on line! Follow { the link at www.tigard-or.gov/input to , 1 ' I I ,. , ,, ' leave any questions,comments,or concerns +• - 44;;•, '. - t- - My ' .% !T 4. h" '-.'' `''' ' . " • . for City Council and staff. Frequently asked questions and items of interest will be posted online with answers for you to review. n the coming months, City Council will be revisiting our current Street Maintenance Fee Program to ensure it remains an effective tool for If you'd prefer,you can submit your comments or questions in writing to: safeguarding this community's biggest investment: 148 miles of paved Marissa Daniels streets that keep the people of Tigard in motion. Street Maintenance Fee Comments 13125 SW Hall Blvd Stay tuned to the Cityscape newsletter and our website for information such as status Tigard,OR 97223 updates, ways you can get involved, and street maintenance facts. marissa @tigard-or.gov www.tigard-or.gov/input Or,drop them off in the Tigard City Hall Permit Center. Tigard City staff will be available throughout the summer to answer your questions in TABLE OF CONTENTS: person.Check the web for an updated Street Maintenance 101 2 Future Street Maintenance Funding 12 outreach calendar. Importance of Maintenance 3 Frequently Asked Questions 14 What is the Street Maintenance Fee? 6 Transportation Financing Strategies Task Force 17 Pavement Conditions 8 Appendix al Pavement Major Maintenance Program 11 City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 1 Street Maintenance 101 S treets in good to excellent condition regular maintenance on busy streets, ' k+t are characterized as having good riding or to repair fair/poor residential streets 'I __' . i; ' quality, drainage, and appearance. The 3. Major Overlay—Often used on busy !si a- - total annual maintenance investment streets that have deteriorated into poor is four to five times less following condition ROAD preventative maintenance strategy than if 4. Street Reconstruction—Typically ;CiOSEC streets were allowed to deteriorate to poor done only when a street's condition is and failed conditions requiring major very poor '' _ MIA rehabilitation. For more information about each type of funded by the Tigard Public Works Pavement Minor Maintenance Treatments maintenance treatment,please visit our Department operating budget. The Tigard Public Works Street website: Maintenance Division is responsible for the Street Lights maintenance of 148 miles of paved streets, www.tigard-or.gov/input Tigard's electricity bill for traffic signals 1 mile of gravel streets, maintenance of and street lights is about $500,000 per street and traffic signs, installation and Right-of-Way Maintenance year. It costs approximately an additional maintenance of guardrails and barricades, The City of Tigard currently hires a $100,000 per year to maintain the system crack sealing, and patching street surfaces, contractor annually to mow roadside grass (replace burned-out lights, make repairs, maintenance of off-street bicycle paths and and brush to maintain clear vision areas fix damage, etc.). These are paid for with installation and marking. and minimize fire and complaint activity. gas tax funds. The City also provides debris cleanup Pavement Major Maintenance Treatments on an as-needed basis in these areas. The Sidewalks There are four main pavement maintenance City trims trees annually to ensure street It is up to property owners to maintain treatments commonly used on city streets: lights are functioning property. Also the sidewalks adjacent to their property. 1. Slurry Seal—Typically used on included in right-of-way maintenance The City maintains sidewalks adjacent good residential streets to keep them in is the maintenance of guard rails, to City properties using funds from the good condition delineators barricades, and street trees. Public Works Street Maintenance Division 2. Asphalt Overlay—Often used as This maintenance is currently operating budget. 2 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Importance of Street Maintenance Community Livability and the individual driver. As with many Economic Vitality ii ...the average American car investments, timely investments in Collectively, Tigard's 148 miles of paved owner incurs an additional $413 per routine maintenance in roads can extend roads represents one of the biggest year in operating costs because of pavement life and provide for a safer investments owned by the community. rough road Conditions.55 driving experience. Not only will roads Our road system is what keeps the people last longer, but repairing a failed road can of Tigard in motion as they travel to be four to nine times more expensive than work, to school, to the supermarket, to truck drives on roads in poor condition, a routine maintenance program. With a the mall, and to parks and open spaces. the vehicle suffers accelerated wear and limited amount of funds available, the Unfortunately pavement deteriorates tear, increasing time and money spent at community is better served by spending over time as weather wears down the the mechanic, as well as increased fuel the same amount of money maintaining top surface, repeated pressures of vehicle consumption and tire replacement. This a greater amount of road miles, than loading (especially from trucks and buses) problem is not unique to Tigard. A recent completely rebuilding smaller sections wears down the underlying pavement study by TRIP, a national transportation as the entire network begins to fail. In structure, and as the ground beneath the research group, found that the average other words, if we can keep good streets pavement settles. Smooth, long-lasting American car owner incurs an additional good, we can maximize the use of limited roads create an image of prosperity and $413 per year in operating costs because dollars. ensure that goods and people can move of rough road conditions. This same report efficiently throughout Tigard and the found that those living in the Portland As demonstrated in the following world beyond. In contrast, uneven roads Metropolitan Area incurred approximately graphs, the worse a pavement condition, in poor condition not only make travel $235 per year. As such,drivers in Tigard the more expensive it is to repair. For unpleasant, they incur extra costs in terms are suffering less than the national average, instance, routine maintenance and surface of time and money every time a person or but remain at a very real risk of paying treatments can be implemented for as little business needs to travel within the City. more if roads are not maintained or as $1.50 to $3.00 a square yard of roadway. repaired. This can increase dramatically to $15.00 Personal Costs a square yard to overlay the road with Individual drivers in Tigard are already Consequences of Delayed Maintenance new asphalt, and up to $90.00 a square paying extra money as a result of deferred The costs of deferred maintenance are yard if the street is allowed to completely road maintenance. Every time a car or borne by both the community and crumble, therefore needing to be rebuilt. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program >3 30-Year Pavement Maintenance Alternatives: Neighborhood Route Traffic: 1,500 Vehicles per I)av Dimensions: 1.000 feet long. 34 fort ■%,ide � Average Pave- Total Maintenance Alternatives I Details mcnt C ►ndition Cost 81 S81,6S81,600 Regular 4 3 Slurry Slurry , I" Seals, 1 Surface Roughness; Seals $ Overlay Only Minor Cracks; ($454,000 Every 7 Pavement Intact per mile) Years I Time(Years) ,..2 . �. 76 c $102,000 Pavement a Surface Roughness; Overlays 0 2 Ovrrla%` Some Cracking ($591.000 Every 12 E Pavement Mostly per mile) Years v Intact :is ( Time(Years) 30 3 58 e 1 Recon- \Widespread S227,000 Wait until struction Cracking;Potholes Pavement c ($1,Z0 *� at 25 Common; gets very c 0 million bad,then Years Some Pavement per mile) Y t Structural Weakness } repave ct Time(Years) Developing 4 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation 30-Year Pavement Maintenance Alternatives: Arterial Traffic: 12,000 Vehicles per Day Dimensions: 1,000 feet long, 34 feet wide Option Maintenance Alternatives Details Average Pave- Total ment Condition Cost 1 0 • Ill ill kg ,0 80 $168,000 v 3Two Pavement U Overlays a O Inch Surface Roughness; Eve 10 v E v Overlays Only Minor Cracks; ($887,000 Years Pavement Intact per mile) t Time(Years) 30 2 o 74 $214,200 Pavement Major 0 V 2 Major Surface Roughness; a Overlays O Overla Some Cracking; ($1.13 Overlays 1 " y Pavement Mostly million Every 15 y Years 1 Intact per mile) Time(Years) 30 3 11111 65 e •$ $340,000 Wait until Widespread Pavement o V 1 Recon- Cracking;Potholes ($1.8 Fails, then ,e, O struction Common; million Recon- Some Pavement per mile) struct I 3o S�uDeveloping kness Time(Years) City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 5 What is the Street Maintenance Fee? • to close the gap between local needs and Approximately 60 of those spaces are west 4.ill ' '"' increasingly stretched state dollars. By of the railroad tracks. These spaces do not •rJr . • ._4'� c having a locally based fee, communities are include those large parking lots that do ,* i- - .��,-__A; ;;, ;_ ^ , `. provided with a stable source of revenue exist and are presumably used by patrons of •. •: . s --: - . 'l :14... y4 r to pay for preventative maintenance and nearby businesses. The consensus in 2003• ." `"'i: _`'• ' V. __ repairs in a timely and efficient manner. was that the patrons of the Main Street businesses are parking somewhere to get to How are the rates determined? the businesses and, as such, the downtown The Street Maintenance Fee is a monthly Existing rates were set in 2004 under businesses should not be exempted from the user fee designed specifically for the Council Resolution 04-12 which was charges. maintenance of existing roads in Tigard. based on a five-year maintenance and The fee was recommended to City Council reconstruction plan. Both residential by a Citizen task force,and established and non-residential users pay the fee. iii ...a property must be occupied through Ordinance No. 03-10 on Residential users pay $2.18 per month per to be assessed the fee.” November 18, 2003. Monthly fee charges dwelling unit. Non-residential users pay for both residential and non-residential $0.78 per parking space or fueling pump customers are billed and collected through station. These fees generate $800,000 a year Exceptions the City's bi-monthly utility billing system. for street maintenance. All religious institutions will be charged half of the normal fee assessed to non-residential I thought the state Gas Tax Downtown businesses,resulting in a 100-space paid for street maintenance Although many of the downtown maximum for those that reach the 200- Historically, Tigard roads have been businesses do not have sufficient parking space limit. This decision was made because maintained by the state Gas Tax,a spaces off-street to meet the minimum parking requirements for these institutions source of funding that hasn't risen in 20 code requirements, the City is providing are relatively high to accommodate large years, while road usage, operations and over a hundred on-street parking spaces services, while the parking lots are not fully maintenance costs have increased at an throughout most of Main Street to utilized during the week. overwhelming rate. As a result, Tigard accommodate the businesses. Some of is one of eighteen Oregon cities that these spaces have time limits to encourage In addition, a property must be occupied have adopted Street Maintenance Fees periodic turnover during a typical day. to be assessed the fee. If a property is 6 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation What is the Street Maintenance Fee? unoccupied for 30 days or more, the owner the trip generation rates are based on square Sydney Sherwood to come up with an may apply for a fee waiver for that period. footage of building. alternative methodology, suggested the use of the minimum parking requirements Methodology The City needed to develop a methodology of the Tigard Municipal Code. City staff The methodologies used by most of the that distributes the costs of maintenance agreed that methodology proposed was cities in Oregon that have established a among all the non-residential and much better at distributing costs to the street utility fee are based on trip generation residential uses in as fair a manner as actual users of the City's street network and rates for the types of uses to distribute the possible. No methodology is going to be worked with OGA to flesh out the details. costs. These rates are found in a nationwide perfect. The Oregon Grocery Association, in The methodology adopted is one that publication from the Institute of Transpor- response to a challenge from Councilor focuses on the users of the City streets. tation Engineers and are compiled through numerous studies. However, the trip > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > generation methodology does not work well for Tigard. This methodology, if The current methodology is based on the following: used as originally proposed, would have ■ Ties the street maintenance element of the fee to a 5-year maintenance and reconstruction plan prepared by the charged the non-residential uses 75% of City of Tigard the costs with Washington Square, Fred • Uses actual road maintenance and repair projects on City streets,not state or county routes. Meyer, and other large businesses bearing ■ Tailors the fee to the local data the brunt of the cost. Most of the traffic ■ Sets a target revenue goal of$800,000 annually(established in 2003) • Allocates the costs of the arterial projects to the non-residential uses generated by these big businesses use IN Splits the costs for the collectors on a 50-50 basis with residential and non-residential uses sharing the costs equally. state highways, such as Highway 217, The rationale for splitting the costs in this fashion is that many of the collectors do traverse residential areas and 99W and Hall Boulevard. Yet, the fee to collect traffic from those areas to feed the other collectors and arterials in the system. be collected is for maintenance of City is Allocates the costs for neighborhood routes and local streets to residential uses streets. That methodology was not fair to • Allocates the costs for residential uses on a per unit basis for both single family and multifamily units. the big businesses that draw their traffic ■ Uses the minimum parking space requirements based on the Tigard Development Code for non-residential uses with a 5-space minimum and 200-space maximum.Like the trip generation rates,the parking space requirements are based from regional sources using state routes on size of building and type of use.However,this approach takes into account businesses that draw from a larger area to get there. Under that methodology, all than just Tigard.The argument is that above 200 spaces,the traffic is more likely regional traffic,which comes via the the businesses, including those downtown, state routes.The 5-space minimum is to establish a minimum amount for the billing to compensate for the costs of would end up paying much more because preparing and mailing out the bills. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program >7 Pavement Condition Tigard's 148-mile paved street network Current Paved Network represents an investment of over $140 45 million, with an additional $120 million 40 invested in curbing, sidewalks, drainage, and right-of-way. The City's street 35 City of Tigard infrastructure largest represents the lar p g 30 Pavement Condition ' investment owned by Tigard citizens,and d Data the overall pavement condition represents a` 25 • the health of this network. .n ■Arterial Y 0 20 •Collector Pavement Rating System t . z 15 ■Residential1 - Pavement health is measured by a o Pavement Condition Index(PCI). The o, 10 PCI indicates the extent and severity g I ■ of pavement distress such as cracking, 5 I rutting, raveling, etc. It is expressed as a. 0 a number from 0 (very bad, essentially Unacceptable Poor Acceptable Fair Good Very Good gravel) to 100 (essentially perfect). New Pavement Condition streets start with pavement conditions in the high nineties. For ease of understanding, pavement condition is Current Conditions in Tigard condition rating of 68 and the backlog of often classified as follows: The City completed a Pavement Manage- preventative maintenance is at 10%. However, ment Analysis report re-rating all City there is cause for concern with 45% of the • Very Good(85 to 100) streets, and providing a PCI rating for each streets in the acceptable and fair categories. • Good (70 to 85) street. This means many streets will become • Fair(55 to 70) reconstruction candidates in the next five • Poor(40 to 55) Today,Tigard's streets are in fairly good to ten years. A preventative maintenance • Very Poor(Less Than 40) condition. The network average is an overall approach is needed to stop this trend. 8 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Pavement Condition > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > A- t • Pavement Condition 93(Very Good) Pavement Condition 64(Fair) Pavement Condition 34(Very Poor) Condition Examples 79th Ave; PCI of 72 2. Volumeof trucks and other heavy To give you an idea of what a street in • 72nd Avenue between Redwood Ln and vehicles — the pavement deterioration very good condition versus fair condition Cardinal Ln; PCI of 64 caused by a vehicle increases actually looks like, City staff prepared • Commercial Street west of Main St and exponentially with the amount of a presentation showing examples of Hwy 99W Overpass; PCI of 52 weight on each axle; and, pavement condition throughout the City. • Commercial Street east of Main Street; 3. Vehicles accelerating, braking, and PCI of 42 turning which exerts more force on the The presentation includes: • 98th Avenue south of Greenberg Rd; pavement, and accelerates pavement PCI of 34 deterioration. This is why pavement • 79th Avenue north of Durham Rd; • Beveland St east of 72nd Avenue; PCI deteriorates faster near intersections and Paved in 2008; PCI of 95 of 20 in sharp curves. • 108th Avenue south of Durham Rd; Paved in 2007; PCI of 93 Factors Affecting Pavement Condition Other factors include: • Commercial Street between 96th The primary factors causing pavement Avenue and 97th Avenue; PCI of 78 deterioration are the vehicles that travel 1. Weather(which is the primary cause of • Tigard Street near Fanno Creek; over the pavement. These factors include: decay on streets with very little traffic PCI of 72 1. Trafficvolume (see chart in the volume)—especially rain and freeze/ • Bonita Road between Hall Blvd and appendix, page a2); thaw action; City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 9 Pavement Condition 2. Settling of the ground beneath the • Pumping—when liquids (such as first 15 years of its life. Then over the next pavement—especially soils with high water or liquid asphalt)are drawn to 5 years, the street will greatly deteriorate, clay content; and, the surface(so it looks like the road is requiring major reconstruction. 3. Construction and or utility work that pumping out the liquid) necessitates cutting into the pavement Preventive maintenance using cost- to access a utility line. Street Lifecycle effective ($1.60 to $13/sq. yd.) slurry Streets are designed to last about 20 years, seals or 2 to 3-inch overlays during the Examples of pavement deterioration but the pavement begins to deteriorate first 10 to 15 years can extend a pavement include: much earlier. Studies have shown that life to 30 years and more. Without these • Rutting—When pavement surface be pavement health worsens at an increasing surface treatments, costly reconstruction is comes depressed along the wheel paths rate as the pavement gets older. required ($35 to $55/sq. yd.). • Longitudinal Cracking—cracking along the roadway,parallel to the Without periodic,preventive maintenance, For a map showing pavement conditions direction of travel a street's condition deteriorates 40% in the throughout the City, see appendix, a2. • Transverse Cracking—cracking across the roadway, perpendicular to the Slurry Seal Example direction of travel Slurry seals are • Alligator Cracking—a combination typically used on roads with a PCI/OCI of longitudinal and transverse cracking in the 70 to 85 that has become so dense it resembles range.It applies a alligator scales finer'slurry' mixture • Loss of Fines—when the cohesive of cohesive asphalt material near the top of the pavement binder with finer wears away, often due to weather or sand-sized particles traffic loading on top of the existing • Raveling (perhaps better called pavement,bringing the unraveling)—When pieces of ,. to pavement aggregate come out of the pavement as ' original condition,as it continues to lose its fines shown at right. 10 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Pavement Major Maintenance Program (PMMP) a4) shows locations of past PMMP • At Budget Committee and City The PMMP is a yearly program of projects. Council review meetings and corrective and preventative maintenance hearings held in May/June. on City of Tigard streets funded by the Future Projects Street Maintenance Fee (SMF). The Streets scheduled to be included in next program helps to extend the life of the year's program are at various locations ii ...we have focused our pavement structure by various means such throughout the City. The Tigard Pavement limited resources on preventive as, complete removal and replacement of Management 2009-2013 Map(see appendix, maintenance...i asphalt, slurry sealing and/or overlaying. a5)shows maintenance projects included in this year's 5-Year Capital Improvement Through this program, the City is able Plan. The number of streets proposed Projects not included to perform timely maintenance on City for rehabilitation is subject to change State Highways,such as I-5,Hwy. 217,Hwy. streets to avoid the much more costly depending upon actual construction costs. 99W,and Hall Blvd, are not included in reconstruction costs that result when streets Streets that need rehabilitation but cannot Tigard's Street Maintenance Fee. Washington are allowed to significantly deteriorate. be performed in the current fiscal year will County Roads, such as Scholls Ferry Road, be moved to the next fiscal year. Beef Bend Road, Bull Mountain Road, and Past Projects parts of Greenburg Road, are not included Each year, the City of Tigard develops a The annual CIP is updated and coordi- in Tigard's Street Maintenance Fee. 5-Year Capital Improvement Plan (CIP) nated by the City CIP Management Team that determines the City's facility and that engages all City departments, advisory In this year's Pavement Major Maintenance capital needs for the current year and commissions, and Tigard citizens to Program (PMMP), we have focused our projected for four additional years. identify needed public projects. To suggest limited resources on preventive maintenance The Streets section of the Capital a specific street be included in the PMMP such as slurry seals in residential areas,and Improvement Plan contains the Pavement get involved in the annual CIP update pavement overlays on major streets. We Major Maintenance Program. Since the process by providing comments: are only planning pavement overlays on program began in 2004, $3,704,827 has through streets. While there are several been used for the maintenance of existing • At Planning Commission review loops and cul-de-sacs that need pavement City streets. The Street Maintenance Fee meetings and public hearings held in overlays, they are not planned to be done Projects 2004-2008 Map (see appendix, February and March. this year due to limited funding. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 11 Future Street Maintenance Funding Federal Stimulus Dollars now requires approximately$1,800,000 for perpetual maintenance cycle that would Recognizing the current funding gap, the the same amount,due to a steep increase keep good streets good and gradually City of Tigard applied for federal stimulus in raw material costs. In addition, the City improve the condition of the overall street funding(via the American Recovery and has experienced an increase in traffic levels network for the long term. Reinvestment Act)for pavement overlay throughout the system,accelerating the projects, along with other projects. It rate at which the City's roads deteriorate. The proposed fee increase would include appears that Tigard will be receiving Vehicle use is up 21% statewide,and City additional funding for right-of-way main- some federal stimulus funds to construct streets are seeing more and heavier trucks tenance on the City's major street network pavement overlays on: and buses. In other words, the existing fees as a part of overall street maintenance. • Durham Road from Upper Boones are not enough to maintain a healthy road This additional funding would address Ferry Rd to Hall Blvd system in good repair. fire hazards and unsightly overgrowth • 72nd Avenue from Upper Boones Ferry resulting from unmown grass, weeds,and Rd to Fir St (just south of Hwy 217) The current Street Overall Condition Index other plants in the planters, medians, and • Bonita Road from the I-5 bridge to (OCI)is 68 and declining every year due to areas between sidewalks and property lines Fanno Creek an increasing backlog of maintenance. An on the City's arterial and collector streets. OCI of 73 to 75 would be optimal for the The funding required for this maintenance These projects will help fill this year's gap City because it ensures that the City can work annually is $300,000. The combined in funding for Arterials and Collectors, but enter into,and stay within, that perpetual total for both street maintenance and right- the future funding gap remains. maintenance cycle over the long term. The of-way maintenance would be $2,500,000 City can achieve that OCI target goal over annually in 2008 dollars. Proposed Fee Increase a 20-year period with a fee increase and When the existing Street Maintenance inflation adjustments each year to account Proposed Increase Phases Fee was established, the target revenue for the rise and fall of material and labor The proposed fee increases are from $2.18 was set at $800,000 a year. Because an costs. The amount required to maintain a to$6.06 monthly for residential units,and inflation adjustment was not built into the comprehensive preventative maintenance from $0.78 to$2.44 monthly for non-resi- program, fees have remained constant while program over the long term is $2,200,000 dential users.The new fee, if implemented, City needs and the costs of repairs have in 2008 dollars. This continually revised would produce the annual revenue target of increased dramatically. For instance,asphalt target would ensure that the City could $2,500.000. However,because the increase purchased i n 2003 dollars with $800,000 continue to maintain the streets in a in fee is relatively large, immediate adoption 12 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Future Street Maintenance Funding of the new rates will not be sought.To lessen past 5 years has been that the larger main at a public hearing where public testimony the immediate impact,the increases will be arteries of the City(collectors and arterial will be taken prior to the vote. phased in over two years so that by 2011,the roads)require more frequent and extensive • Revision to Ordinance No. 03-10 to fees charged will be at the level needed to maintenance than do neighborhood roads. add right-of-way maintenance as an adequately maintain the streets and rights- More than half the costs are still borne by integral part of street maintenance of-way. An inflation factor of 6.5% annually residential users. under the street maintenance definition is incorporated in the phase-in plan to ensure • Revision to Ordinance No. 03-10 to that the fees collected in 2011 will be at Among non-residential users, the largest include local commercial and indus- the level needed at that time.After 2011, payers are still the big businesses, but the trial streets under the non-residential any future increases to account for inflation maximum charges are capped at 200 spaces. category for fee calculation purposes will be based on one or more recognized Those with more than 200 spaces are many • Revision to Ordinance No. 03-10 to construction cost indices. of the Washington Square businesses, the incorporate an annual inflation Lincoln Center, Fred Meyer along Highway factor to ensure that the fee rates keep 99W, and the Tigard Plaza along 99W pace with cost increases or decreases > > > > > > > > > > > > > > > > > > > and Hall Blvd.,etc. Although Washington • Resolution to set the City's long term Rate 2009 2010 2011 Square appears to be one entity, in reality OCI goal of 75 Residential $2.18 $3.73 $5.22 $6.86 it is a number of businesses, each charged • Adoption of the new fee rates with Non Residential $0.78 $1.43 $2.07 $2.74 individually, with a 200-space cap. Macy's, phase-in plan incorporated Nordstrom,and J.C. Penney are among Note:Rates for 2009 to 2011 include a 6.5% the businesses that own their properties. Additional Options annual inflation factor Lincoln Center is similar in that at least 5 The City has constrained options when different businesses are charged the 200- searching for ways to maintain roads. One Residential versus Non-residential Rates space maximum. Charges are associated alternative to a fee increase is to allow the The original 5-year plan developed in 2003 with each water meter and assessed based on roads to continue to deteriorate,and pass resulted in the residential users paying for the square footage for each business. the costs to future taxpayers. Another is to 58% of the costs and the non-residential find an alternative funding source, a diffi- users 42%. The new 5-year plan developed Procedural Steps cult proposition in today's economic climate in 2008 changes the ratio to 55% to 45% In order for the City to raise fees, the and constrained federal and state budgets. because the City's experience during the Council must vote on the following items City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 13 Frequently Asked Questions Among non-residential users, the largest Q: What is the Street Maintenance Fee? payers are still the big businesses, but the A: The Street Maintenance Fee is a ,+ maximum charges are capped at 200 spaces monthly fee designed specifically for the .,, (non-residential users are charged on the maintenance of existing roads in Tigard. NqI number of parking spaces required in the Monthly fees are collected from both -. Tigard Development Code). Although residential and non-residential customers Washington Square and other shopping and are billed and collected through the -- centers appear to be one entity, in reality City's utility billing system. �� 1N they are a collection of separate businesses, �� +P each charged individually,with a 200-space Q: How is the Street Maintenance Fee cap. Charges are associated with each water charged? QUESTIONS 1. SWERS meter and assessed based on the square u A: The Street Maintenance Fee is assessed ` . : -� '"'` � footage for each business. on your bimonthly utility bill. - Q: If the proposed increase is 0: Why is a fee increase being proposed? approved, how much will my rates A: The original 5-year plan developed increase and when? A: When the existing Street Maintenance in 2003 resulted in the residential users Fee was established in 2004, the target paying for 58% of the costs and the non- A: The proposed fee increases are from revenue was set at $800,000 a year. Because $2.18 to $6.06 monthly for residential residential users 42%. The new 5-year an inflation adjustment was not built into units, and from $0.78 to $2.44 per plan developed in 2008 changes the the program, fees have remained constant ratio to 55% to 45% because the City's required parking space for non-residential while City needs and the costs of repairs uses. Increases will be phased in over two experience during the past 5 years has been have increased dramatically. In other words, years so that by 2011, the fees charged the existing fees are not enough to maintain that the larger main arteries of the City will be at the level needed to adequately a healthy road system in good condition. (collectors and arterial roads) require more maintain the streets and rights-of-way. frequent and extensive maintenance than An inflation factor of 6.5% annually is do neighborhood roads. More than half the Q: How are residential and commercial costs are still borne by residential users. incorporated in the phase-in plan to ensure fees determined? y that the fees collected in 2011 will be at 14 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Frequently Asked Questions the level needed at that time. After 2011, unoccupied for 30 days or more, the owner Q: Why can't the City wait until the any future increases to account for inflation may apply for a fee waiver for that period. economy improves? will be based on one or more recognized construction cost indices. Q: What is the pavement condition on A: The costs of deferred maintenance my street? are borne by both the community and Q: Your website states that the current the individual driver. As with many rate for residential users is $2.18 per A: You can visit Tigard Maps and look up investments, timely investments in month, but when I check my utility the pavement rating data for your street. routine maintenance in roads can extend bill the amount charged for the Street Once you enter your address and are routed pavement life and provide for a safer driving Maintenance Fee is twice that amount to the page displaying your property, just experience. Not only will roads last longer, ($4.36), why? click on the Transportation tab at the but repairing a failed road can be four to top of the page, then choose pavement nine times more expensive than a routine A: Because the City of Tigard sends out condition. It's that simple! maintenance program. With a limited utility bills on a bimonthly schedule(every amount of funds available,the community two months), the amount shown on your Q: Why consider raising rates during a is better served by spending the same bill is actually for two months. down economy? amount of money maintaining a greater Q■ A: The City is looking to be fiscally amount of road miles, than completely . Are exceptions allowed? responsible with your Street Maintenance rebuilding smaller sections as the entire A: All religious institutions will be charged Fee dollars. Streets are designed to last network begins to fail. In other words, half of the normal fee assessed to non- about 20 years, but the pavement begins if we can keep good streets good, we can residential businesses, resulting in a 100- to deteriorate much earlier. Studies have maximize the use of limited dollars. space maximum for those that reach the 200 shown that pavement health worsens at an space limit. This decision was made because increasing rate as the pavement gets older. parking requirements for these institutions The total annual maintenance investment are relatively high to accommodate large is four to five time less following a services,while the parking lots are not fully preventative maintenance strategy than if utilized during the week. streets are allowed to deteriorate to poor In addition, a property must be occupied and failed conditions requiring major to be assessed the fee. If a property is rehabilitation. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 15 Frequently Asked Questions Q: What about Tigard's share of state Q: What legislative steps are required liprimiii.... --- Gas Tax revenue? to raise the fees? M A: Historically,Tigard roads have been A: In order for the City to raise fees, the e maintained by the state Gas Tax,a Council must vote on the following items. source of funding that hasn't risen in 20 Each will occur at a public hearing where ,• ' #� — years, while road usage,operations and public testimony will be taken prior to a maintenance costs have increased at an Council vote. overwhelming rate. As a result, Tigard • Revise Ordinance No. 03-10 to add is one of eighteen Oregon cities that right-of-way maintenance as an have adopted Street Maintenance Fees integral part of street maintenance to close the gap between local needs and under the definition of street increasingly stretched state dollars. By maintenance; having a locally based fee, communities are • Revise Ordinance No. 03-10 to provided with a stable source of revenue include local commercial and to pay for preventative maintenance and industrial streets under the non- Q:The City of Tigard instituted a repairs in a timely and efficient manner. residential category for fee calculation 3-cent per gallon gas tax. Why can't the p p City use that money? Q: Will Tigard residents have an • Revise Ordinance No. 03-10 to opportunity to vote on the proposed A The Tigard gas tax was developed by incorporate an annual inflation a citizen task force who recommended Street Maintenance Fee increase? factor to ensure that the fee rates keep it as a way to fund improvements to the A: According to state law, utility rate pace with cost increases or decreases; Greenburg Rd./99W/Main St. intersection increases need only approval by City • Adopt a Resolution to set the City's ONLY. Collections from the Tigard tax Council. This is why your Council is long term Street Overall Condition are dedicated to this one project, and the making such an effort to hear from you! You Index goal at 75; and tax automatically ceases once the project can provide comments online, to staff, or at • Adopt new fee rates with a phase-in is completed and sufficient funds are hearings held by Tigard City Council. plan incorporated. collected to fully finance and pay for the improvements. 16 C Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Transportation Financing Strategies Task Force Task Force History - - '! , . . \ 1 The original Transportation Financing _ • ok \ . , t Strategies Task Force established 4 44i . \-'' �� -,� -J I 111` 0. through Resolution No. 01-06 - f "„ l- �I r +' - ter recommended the Street Maintenance Fee to City Council. The Task Force It ` . T `, - members were actively involved in the !.. \ ' public outreach to obtain citizen and ., ```. business input for submission as part of the Task Force recommendation. The .*^t ,. - `, ►' .1 fee was implemented in April 2004 . / , Air and has provided a stable source of revenue for maintaining the existing street infrastructure. That effort existing funding sources. The Task Force The reconstituted Task Force took about three years and required was reconstituted to explore funding recommended a local fuel tax to persistence and dedication to see it alternatives for those major transportation City Council dedicated solely to the through. City Council, through Council improvements. Council Resolution No. improvement of the Greenburg Road/ Resolution No. 04-51, acknowledged 04-52 reconstituted the Task Force, Highway 99W/Main Street intersection. the accomplishments of the Task Force, established the mission for the Task Force, This project, in conjunction with the concluded that phase of the Task Force's and appointed the members to serve on the County's project to improve the Hall Blvd/ work, and commended the Task Force reconstituted Task Force. Highway 99W intersection, alleviates members for a job well done. traffic congestion by removing the two On October 26, 2004, the City Council largest traffic bottlenecks along Highway Although maintenance needs were adopted Resolution No. 04-85 adding 99W in the City. The Task Force members addressed through the establishment two new members to the Task Force led the public process to obtain citizen of the fee, many major transportation and expanded the mission by adding and business input to help Council in improvements necessary to meet the construction of sidewalks and right-of- its decision-making process. Council current and future transportation demands way maintenance on collector and arterial established the local fuel tax in late 2006 still could not be implemented through streets to the scope. and collections began in April 2007. The City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > 17 Transportation Financing Strategies Task Force project is now in the design stages for ■ Jennifer Standfield Previous Task Force Members construction to begin in early 2010. ■ Christopher Warren • Gretchen Buehner(Council Liaison) • Marty Anderson On December 18, 2007 City Council • Steve Clark Resolution No. 07-74 acknowledged the The Task Force is now involved in the • Gretchen Buehner accomplishments of the reconstituted Task public outreach process to obtain citizen (Planning Commission Representative) Force, concluded that phase of the Task and business input into the proposed • Cam Gilmour Force's work, and commended the Task increases to the Street Maintenance Fee • Ralph Hughes Force members for a job well done. rates sufficient to meet the increases in • Paul Owen cost since 2003 and to ensure a gradual • Basil Christopher On January 29, 2009 City Council adopted improvement •of the City's overall • Beverly Froude Resolution No. 09-01 to again reconstitute pavement condition over time. In • Joe Schweitz the Task Force to continue with the addition, they will continue the evaluation • Nick Wilson (Council President) evaluation of feasible funding sources of a variety of funding sources for the • Oregon Grocery Association: for the City's transportation and street operation, maintenance and improvement Joe Gilliam (Primary) infrastructure operation, maintenance and of the City's transportation system. Dan Floyd (Alternate) improvement needs. Recommendations will be submitted to The members of the newly-appointed City Council for consideration. Task Force are: • John Bailey • Rex Caffall (Planning Commission Representative) • Beverly Froude • Cam Gilmour • Dennis Mitchell • Rick Parker A list of previous Task Force meeting • Anthony Rivano minutes (2001-2006) are available on the • Joe Schweitz City of Tigard website. 18 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Appendix City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program >al 4 T Y OF T I G A R D t Pavement Conditions • 2008 1 —L r __ owls .- • ' .01 aii,,,..., r--;-,:-.., 1 I. Condition ... .. ..LiIiP �; LrTT• I{ - �,Very Good 9.11 ‘.. ii, 0... �, ;3, '- - �u County Line ►` , + $$ Metro Urban Growth Boundary r _ . 't;. . __ Tigard City Limits I. r ... M®� 1 Street Network ■- , a gIauI` E ��- . � ' n� •rte Vic_ ■ i . ',. Akie-firLgitkr q 1.4 Illiprii5Feal -smimi f ..., ........,„„, 7.1 111 v t a2 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation • ■ C I T Y O F T I G A R D I Average - __ . ,.9 ,Ea,,a . Daily Traffic• / as me- . a� l� . —La_ � ° ° . _ (A D T) i ue� 4 a440°.j --). r „� ,; ' 2008 Vo I u m e „. . ` ” w , v Estimates* r ."*".4 '''1 ti7111P11'a ' Y r .. E` ,^ re �� • _f Tigard Street Network • , , w .+_., ' ^ __-^_ Number o(Vehides per day 55.000 4 ' L ,C b* a. ,Al. ttt ..• 32.000-54.999 tisJ, ka r . 15.000-29.999... y « .11 y "°y g.h �v� 6.000 14.999. . ,:, ':t �ryi, yE. 9 '� t 2.000_5,999 ... County Lane , ,I 1 AM'' ! f ilia — I .. f 1 Metro Urban Growth Boundary T .' ' W n O Tigard City Lim is • [FL 3*„1 1 Al §- - *NOTE These are estimates based on � r r available traffic counts and our �_. understanding of traffic patterns. —� There will always be some inaccuracy 60 ? in estimates and traffic patterns can 1 significantly vary front day to day.' a L"w ____c.__ B • r 'r„ . .ovr .ao 1.-- ;r • rLE L�..-. -_- ' City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > a3 • ■ kiIMF irtrillarlilffik 11111177911=plies. if 110 lp,,N., , tre� 7� Maintenance • 11.1002 ,fir rr a"- •- ,...-. __ I Fee Projects,..0,e �° mi �.� � '� : �--'�-•_i !,7.,, , 2004 - 2008 Awl, Awe uV1N& ,� 1'iIiJ.# ;P i . ..._.4,0 111.- ■ A % iiir __ Li 1 1 i kb ,jj '\ J Street Maintenance 1 ssr. .8 1 I .. ��. / _ �i 2004 . . MINN $1 / ►� 2005 of r IF ' nu ■ ' f, 2006 1' . i ., ► , , i �. .r �,. 2007 * i -`�; a� i• �,:��•� - '.. . '�� 2008 I la r I J , „ arm 44,11-1,7.----Amis. :lb -1. '., ;,-,4,7,1,,,Akpammal in -:„.,,,,,-, H` I us h. ft �i 11111 DATA WORM: Li _ L , I l CiydTigiM 7 Me1m I tts --, , -E. $ I -. I== 1 11 D ' ,r swe1 .«,,a AG„��.«, , , , 1 idr A. 11127 teethe,.Men 8 Til i • A«mow.. �nP . .a 1 a4 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation •uitiuprij: - r r� �p „� I � n -,..„..„,., 2009 - 2013... . - „. _, );../ ill it.' � I Pavement Management ��. _ &. i Treatment Yea r/Treatment Type 4 imi iiim e, V4 PA 4 .,. .• .,...., t$!I! ` r{; .r� —- ,.+ ( 0 ' 2010.Slurry {\ ti i i�r�w �' —2010,Overlay,st. i 'Y , ? }_ reP s \4:• _. 201 I,Slurry 201 1,Overlay lirt r. .' , d 2012.Slurry I r .: : 2012.Overlay ' ".. r'� ;i---1` ' i—�.- 2013.Slurry i {3 I _ i l j T ` —2013,Overlay = i 4w ii , Y M,a os ..-„, oky _ ....,.... _ -, - _ 1 ----.,-. ,-:.:...,. -;-, sr „L ----iz.-, -i.). _ -maxi, ..: ----,.‘ i .- _ .'` �,�_, '� Villa os _ in �� ri_ • — f .f'.• •'. ..„-i- I DATA SOURCES• ■' ! J DIS[LAMIEI! Mill_ /,� I ro..map was Mi.ed FCm seavrl `l� � !� �� I D 4,1V ♦ • we: �.�n a n..c„ R ou:1,y, 9 ! w.n,y my r, s r. e....- w> i.,M��m,f�x 4 Howee.aryn+AVatianWarws T mil IIIIM.„ jpillid lib" i n /1 s.N.O.. 7 t �`� 1 i _� N).Of..,), t�i� • w 1/11,2001 ,,, If City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > a5 Pavement Condition Examples The Pavement Condition Index is a measure of the surface condition and integrity of the pavement. It is expressed as a number from 0 (very bad,essentially gravel) to 100 (essentially perfect). We have compiled these photos to give you a better idea of what the numbers mean and what different levels of pavement condition look like. New streets start with pavement conditions in the high nineties. Pavement deteriorates over time as weather wears down the top surface, the repeated pressures of vehicle loading(especially from trucks and buses)eventually wears down the pavement structure,and as the ground beneath the pavement surface settles. For ease of understanding,pavement condition is often classified as follows: Very Good 85 to 100 Good 70 to 85 Fair 55 to 70 Poor 40 to 55 Very Poor Less Than 40 Examples of pavement deterioration include: Rutting—When pavement surface becomes depressed along the wheel paths Longitudinal Cracking—cracking along the roadway,parallel to the direction of travel Transverse Cracking—cracking across the roadway,perpendicular to the direction of travel Alligator Cracking—a combination of longitudinal and transverse cracking that has become so dense it resembles alligator scales Loss of Fines—when the cohesive material near the top of the pavement wears away,often due to weather or traffic loading Raveling—(perhaps better called unraveling)—When pieces of aggregate come out of the pavement as it continues to lose its fines Pumping—when liquids (such as water or liquid asphalt) are drawn to the surface (so it looks like the road is pumping out the liquid) Some examples of Pavement Condition are on the following pages: a6 C Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation 1ff t. 1 f• f l Z. 1 1�.! 777 1x . f t ,e.•-I a n-.-,f -.44 ' i 44-. r X 3 'Fes;... , is . •' e .Y . . �y f i _ �. = �� , I Pavement Condition 93 (Very Good): 108th Avenue south of Durham Road;Paved in 2007. Smooth surface;No cracks;Smooth ride City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Nrogram ) a7 i it ,,' 1 •� 1 •1• ' S' r 1 ', ` t1., •- ti i r `' '• • y �, ! J i .Y' ,Y, r._ }r '.tfu -' ' 1 ... r r1 'r 1, ' k zy r' i ..r I • ) ( ,r •/ . r - j, Pavement Condition 95 (Very Good): 79th Avenue North of Durham Road; Paved in 2008. No Cracks; Most of the cohesive material is intact at the top. a8 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation ,. .. =� 4. - . .4 • ., • ` • . �,'' T: 41. .'� _ tf r. I-� a t� lam ` •, �'�1 * • "1 • Ft ► 1 �f• 1 a- __ pi r f •. • a. , \ ' C w -.• •.1 A•`4 , 4 •..i' .••P�' •,• _. r '. �"P • _ �� `4• _• i .. . q •� + '� � 2 v,'� �, r i ~ .• - r, R `' • ° ! �` •4_% • 4. ,A wr r �..9• '.Cr *.. - • 4 ,.r- i T :mss • . .,ELI i R - ` .■ s ■ . .,Ar • • . e ..Ar " • � ∎. ti� . ..t \' LYiv ,, 4 ,• , ,•ti K ,- .-, ...-•,ems , i v ?. g ^ ■ . lwi�' Pavement Condition 78 (Good): Commercial Street between 96'1'Ave and 97'"Ave Pavement is losing some of its`fines'—the smaller cohesive material at the top that helps hold it together;No cracks yet. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > a9 - m „„...,i. a i _ "r' it £ ► ► ,``' E: " 4 ' ..-.., 1 44 • s. t..-IA' ... y, ' Ilk , 'As 'Aaa - , , ;.13...1... •:, t: :41-...41.' 7 y.,',:vA'`..IL . ..-..."..". ' .-.' •-' ' .1. 4411411<104 s ■ �' _ � I , . . , • ilk- , s`r .� + "1 ". ? �l ��. yam:. r ..,. 4 g CID, 1 ..,, • .. -"; r whia . Pavement Condition 72(Good):Tigard Street near Fanno Creek Surface roughness shows pavement has lost much of its fines;Some cracks appearing(Note sealant) a10 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation I lipillillillirr, ,, _ - . , — 1.....-..,..-.,..,- 1::1:15,0:_r:—S-— ' 1.4 .w �lr ,*rr rfi..rr..i,. _ .-‘,p ik- 'e -, ....o*.c.:4; Y <f. s Y L.r• •le7"a"r 4'.1 >~.4, Z .rte - J. i - .sip - _ - , - ' *, Pavement Condition 72(Good):Bonita Road between Hall Blvd and 79'h Ave Roughness shows pavement is losing some of its fines. Some cracks are appearing. City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > al 1 • a" ' • rl . Pavement Condition 64(Fair): 72""!Avenue between Redwood Ln and Cardinal Ln Cracks have become wider,more continuous,and tend to follow the wheel path;Note surface roughness;Some potholes occur a12 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation - A _ • 3 --,- L �I Kw L.' } e1^ • •• - - MYN NW" _ y r,";" r,V%._ t . b r . ice}- if'I l Y -.71F-. .-r:r i~ m y �.4;;-.- •1� � • NMI �^� H�^ et,-��. _ y ;r y i _ ti . _ ` ;:`:', "•6-* . ~ ,or, � R.Nall."_.4„-..i: . .J r J.x Y-f• yi... T )i 4. Pavement Condition 52(Poor): Commercial Street west of Main and 99W Overpass Cracking has become much more extensive (note crack sealant,and cracks near road center);Soft spots appear as areas of dense cracking City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program >a13 .� Ikk. _ kl k w : r I.r • C` - •- . - - _. -_ i -�} - - —.� �� _lam...- --'."?-�._. tiTS :.� - -�.• RR .�°'r v : ~ _ 1 � 1 . _w - --1• �-- -• ._ ...40-1...C `4"1.` `-. •- Pavement Condition 42(Poor): Commercial Street east of Main Street Cracking has become extensive;This is called`alligator cracking'because it resembles the back of an alligator. a14 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation •t• +4 ' , , • f rt.•.. Y 16,404,'�` + • ! ,,e wr`1 I III img ,, 1, .4 =yt ,'e"" - r l . �..?.: T L e .4- •r _ - . r i ■ : xvi. 71 r t y .." • • • .N., 'N,-1.-1 s}!`: '= k,� :L, t,. '. r'A`•'�f>t 1 s ... ''. .4111°44' • d }� � •. „.. _ .. may• �- ',....i '.,i ;mfr . 'ti.,r Pavement Condition 34 (Very Poor): 98th Avenue south of Greenburg Rd Extensive alligator cracking;Subsurface structural weakness leads to uneven surface City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > a15 —* ._. r", -r • _ _ �.r— -.'. .r_ 'X is o. , °_.*e -'...n 4"... a r: Zr '• �f lie( Ms--.1i-+►�..� 4',a....•� - .1�,.. �' ';e: ,7-'.. s-e.se7 Ott ' 4 " .1., -' ' 1r �f•1 h r -„ t4 /.' r- !r '-'t = +. .G.`+.., . . — . _- ..v''' .- .3 v . .ax ic:: I a 4., t�'� '' ' {�'#. l t P .1.-,,,° .y i <A"` a• '114er,rd. .t.... ^.^L .% _fp',1 "j.?' ) . . i';',1 ' r h r T ji + • r ri >• r".77„." i" < { f... 4 Pavement Condition 20(Very Poor):Beveland Street 500'east of 72"`I Avenue The patch on the right rates higher,but extensive cracking and subsurface weakness leave the rest of the road in very poor condition a16 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Slurry Seal Example Slurry seals are typically used on roads with a PCI/OCI in the 70 to 85 range. It applies a finer`slurry'mixture of cohesive asphalt binder with finer sand—sized particles on top of the existing pavement,bringing the existing pavement back to near its original condition,as shown below: 4' 1, iii a i,`'1i3 c .• l ‘: ' ". `'. V,''1 1 ' 14 t ". ,,,, �.i ' .t •1 • • t 1 trr` � '^ i ., 1 Jlt t}, 'F .. 11 �.• I X ' 4' . F ' b ..4.11 "P,s, �11; ,� ti f14i ik;∎% 1k'tri'�ir1�r' •• ." ' 1 1)1. 1 f 1.,,),-, .(;. t•r• }s•,14 ;'r ti .L''. t , ti, ..I• • y - ' � 1 �l1�r1 ±�,1�r 'yy"yy���{,, Vii+ 1�' ( . f `f ` ,,,Y A'I ..1 "1 ,, vt tf jyJc11'l{1/ 4,s th`�l t tS vttiA+ ti r r , t-' t ; r t , Fr ,iti ; 1 4.. f11 ; •.f.,, •(tfr'f.t . r ,' 'i r i11 1,:.-%.c r j`•1 �' f.1R r �•�2 j tt v. . f �• f' � \Y`> .%� ISK k�►fi.Ss' �U)���1l �yd / f! ••.� •/ .j i till ,Y• ^'. r r` ' Y. R 1.4-0#+i "•S.1 ' fYf4! 141r"tt/j` ' tt+/ .ir5',,►� l \ 1n,'•• + •�.1� 'l .�# f }i1• ti'7y;..t':{ r n'-f�1 4''•,i •�n• 'AA., ( t , C4 , .)11 r- •, r.,',..' f,',1 1 oc. • ,S ' e . 1 `r `11�.}' f. \'1'�'' F, •h f1 -'1 Y 4. .1, rrl '.vi • 1 . �•• � rJ !� r ti �' , ��1: 11 "1 1�yjt1 � ,r 00. 7 ,7,11N1�� L,.•::•rt qtr i,' •f !r 'Cat 5 ,14.1 f .ti�41{1 r, y{ ,0.4.(.''+'•'.1 '_ `.,11, ,, r1 M TA , i',,r�frli11 , ' � ,x' t'1`IC 1:4' F �. • '� I. ',.t .*:•.` -./:*,P t ^r�', J r I •'1•r. 1 -+! • ]a�rr''rr,f/1Fa: Yy�r't 4-f 'o-r i11y.';?...,,''.1'''.,,-,,+ 'ti C..'''''.:',.. 1. .. I f''. ;r 1. ••.il" ,} i'` 1 ")t .,�J, ?�r it',4•,e`1",. :..;:., ).,t1 t�,''/v .'r +..,.+ 1 ` 1 r• ,.F 'ti'}'Y•ks: il?A ,ft: i4i.3 l iii ?,?1- ti* fYel •� ,jr ref 1 y • rlr . , �_ , ' t City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > a17 Pavement Treatment Examples This compilation of photos describes the steps involved in each of the four main pavement maintenance treatments commonly used on city streets: 1) Slurry Seal(Typically used on good residential streets to keep them in good condition) 2) Asphalt Overlay(Often used as regular maintenance on busy streets,or to repair fair/poor residential streets) 3) Major Overlay (Often used on busy streets that have deteriorated into poor condition) 4) Street Reconstruction(Typically done only when a street's condition is very poor) Each treatment is described on its own page with the major steps listed and photos describing the key work activities: Slurry Seal ($0.20 to $0.35 per square foot) *Hi 1- S z' - ""1' Slurry seals are typically used on • •`- �, '�'� L IN • - residential streets in good e condition—to keep them in good , - condition Pl 1) Clean street of dirt and debris;Cover manholes,valve covers,and catch basins 2) Place Slurry Seal(sand in back of truck is mixed with asphalt emulsion from tanks and laid down in a thin layer by this truck) 3) Allow seal to dry (Street must be closed for several hours) a18 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Asphalt Overlay ($1.25 to $2 per square foot) J rat, _ Normal asphalt overlays are• ' g ` �+ i typically used for regular $10 -• una, r 1 1 i maintenance on busy streets,or to %' ' J y1 1,_Y .i ,��.�: repair fair/poor residential streets I ,... , • ,S'fdr T x „ „ •4.0,0,----- ______ : ,/! ,.. ,at1„6!Y ,.. . iior,. ,, , ,,, • I, ■ ' ' %KIN”'-'' '''''' ."1'Z''''''')*.S'■:' 1)Grind to match curb lines and end joints 2) Clean Street of dirt and debris;Cover facilities as necessary -*_;:, ti« 3)Place Tack Coat(sticky adhesive material on left) 4)Adjust manholes and valve covers to new elevation 5)Place Asphalt 6)Allow asphalt to cool and set City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program > al 9 Major Overlay (Leveling Course plus Tension Fabric plus Pavement Overlay) ($2.50 to $4 per square foot) +yk� }a g yryr 4 is .-.. .."- ' ' --ToP ' ,Ip ' - ii ,..),H. 1 ' it 1 T. mgr.- 11, 401 Alb.at 1) Clean Street of dirt and debris,etc. ` ma 2) Pave leveling course or grind pavement to level .. , 3) Grind to match curb lines or catch basins 5) Place Tension Strength Fabric (to keep old ,e 4)Apply Tack Coat pavement cracks from spreading into new pavement) Majoroverlays typically used to a Y are 1 tYP llY ." - - repair busy streets in fair or poor condition 6)Adjust manholes,valve covers,or driveways to new elevation 7)Place Asphalt Overlay over Fabric (Fabric not used on this street) a20 < Street Maintenance Fee Program City of Tigard I Community Development I Capital Construction and Transportation Pavement Reconstruction ($7 to $15 per square foot) —very expensive; used only on streets in very poor condition y1 '.'„{ �. NI,. t 1 1`,014 A • '744. r II, .... . -..,.. . ,. . • -,. r �r e ,. t _ r 1)Remove existing bad pavement and base `°•a 2)Remove or compact areas of soft soil under pavement ? `-� � �- 5)Backfill with rock aggregate fora solid base '' 3)Work around manholes,catch basins,and valve covers 6)Compact aggregate in layers 4) Place geotextile fabric 7)Place smaller aggregate on top for leveling migamillkjir... "-:3104 P , "' . 4• ,• 4,r. r; . • •`. _ .,_ : . ,... ,„,a, ... . .,-;‘,.....,,,-..- ,-. . i t.. . ... ,., .. . , 1 , -, ,--, r '� ... • _ -t i 9) Place top lift(layer) of New Asphalt; 8) Place first lift (layer) of New Asphalt 10)Adjust manholes,driveways,etc to new level City of Tigard I Community Development I Capital Construction and Transportation Street Maintenance Fee Program >a21 Street Maintenance Fee Fund Resources and Requirements Last four fiscal years For the year ended June 30, 2013 2012 2011 2010 Resources: Beginning Fund Balance 1,038,949 454,022 346,703 283,924 Street Maintenance Fee Revenue 2,016,133 1,745,107 1,167,331 880,215 Other Revenue 1,540 1,318 1,337 659 Loan from Gas Tax Fund - - 200,000 - Available Resources 3,056,622 2,200,447 1,715,371 1,164,798 Requirements: Street Maintenance 1,654,509 1,006,175 903,332 734,095 ROW Maintenance 100,000 75,000 50,000 - Overhead 77,900 80,323 108,017 84,000 Repayment to Gas Tax Fund - - 200,000 - Total Requirements 1,832,409 1,161,498 1,261,349 818,095 Ending Fund Balance 1,224,213 1,038,949 454,022 346,703 Street Maintenance Fee Fund Resources and Requirements By Month Last Fiscal Year Fiscal year 2013 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Resources: Beginning Fund Balance 1,038,949 1,121,773 309,694 141,506 250,003 390,157 528,435 665,017 802,544 863,281 992,862 1,110,837 Street Maint.Fee Revenue 162,673 107,420 (1) 163,310 163,254 163,157 161,670 163,280 164,174 166,124 166,561 166,751 267,759 (1) Other Revenue - - - - - - - - - - 1,774 (234) (3) Available Resources 1,201,622 1,229,193 473,004 304,760 413,160 551,827 691,715 829,191 968,668 1,029,842 1,161,387 1,378,362 Requirements: Street Maintenance 72,045 911,695 323,695 50,308 15,199 20,174 18,894 18,843 30,387 29,176 42,747 121,346 ROW Maintenance - - - - - - - - 75,000 - - 25,000 Overhead 7,804 7,804 7,803 4,449 7,804 3,218 7,804 7,804 - 7,804 7,803 7,803 Total Requirements 79,849 919,499 331,498 54,757 23,003 23,392 26,698 26,647 105,387 36,980 50,550 154,149 Ending Fund Valence 1,121,773 309,694 141,506 (2) 250,003 390,157 528,435 665,017 802,544 863,281 992,862 1,110,837 1,224,213 (1)In August of each calendar year we determine amounts that are received in July and August that were actually earned in the prior fiscal year. Note that August is lower than average,while June is higher than average. (2)Lowest Ending Fund Balance on a monthly basis (3)interest was credited in May and then corrected in June AIS-1479 3, Workshop Meeting Meeting Date: 11/19/2013 Length (in minutes): 10 Minutes Agenda Title: Brief Council on upcoming changes to the land use permit intake process Submitted By: Tom McGuire, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: _ Information ISSUE Briefing of Council on upcoming changes to the permit intake process for land use reviews and permits. STAFF RECOMMENDATION / ACTION REQUEST The Council is requested to receive this information. No action is requested. KEY FACTS AND INFORMATION SUMMARY The Community Development Department is preparing to make changes in the way that we accept and review land use permits. These changes are proposed to make the processing of permits more efficient, quicker overall for the applicant, and to reduce the chance of errors, mistakes and delays. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Not previously considered. Attachments No file(s)attached. � J AIS-1539 4. Workshop Meeting Meeting Date: 11/19/2013 Length (in minutes):45 Minutes Agenda Title: Discussion of Policy Questions Related to a Draft Intergovernmental Agreement to Provide Water Service to King City and Other Entities Prepared For: Dennis Koellermeier,Public Works Submitted By: Carol Krager,City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE Staff is requesting the council decide the following policy questions: •Does the council want the city to continue to be the water service provider to residents in King City, Durham and the Tigard Water District(TWD) beyond 2018? •Is the service provider model outlined in the attached draft King City agreement (KC Agreement) the best approach for Tigard to provide future water service,and,if so: •Should the KC Agreement be brought before council for formal consideration? •Should similar agreements—based on the service provider model in the KC Agreement—be offered to the City of Durham and the TWD? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends: •The city to continues to be the water service provider to residents in King City,Durham and the TWD beyond 2018. •The service provider model outlined in the attached KC Agreement is the best approach for Tigard to provide future water service,and further recommends: •That the KC Agreement come before the council for formal consideration at an upcoming meeting. •That similar agreements—based on the service provider model in the KC Agreement—be offered to the City of Durham and the TWD. KEY FACTS AND INFORMATION SUMMARY •The City of Tigard has provided full service potable water services to the residents of King City,Durham and the Tigard Water District since 1994.This service was provided via three intergovernmental agreements between Tigard and each of the three entities. Those agreements expire in 2018. •Intergovernmental Water Board(IWB) representatives from Tigard,King City,Durham and the TWD (and one member-at-large) have been attempting to develop a replacement agreement for several years. See the attachment for information on Issues with the Current Agreement. •Representatives from Tigard and King City developed a new agreement(KC Agreement) based on a service providermodel.The KC Agreement is similar to the agreements King City and Durham have with Clean Water Services. (See the attachment for a Comparison of the Current Agreement and the New Service Provider Agreement(KC Agreement)). Under the agreement: •All King City assets—both jointly held assets in the supply system as well as local distribution assets in King City—will be conveyed to Tigard. (Currently,Tigard maintains and operates assets owned by King City.) •Tigard will be the sole water service provider in King City. •Tigard will own and operate all water system assets. •Tigard will perform all the regulatory tasks of a water provider. •Tigard will pay a franchise fee to King City. •The King City council has had preliminary discussions on the KC Agreement and is awaiting direction from Tigard on whether the agreement is ready for formal consideration. OTHER ALTERNATIVES The council could: •Determine it does not wish to provide water service to King City,Durham and TWD beyond 2018. This would cause consternation among these entities as they would have to find another source or sources. It would also trigger rate increases for the remaining Tigard water customers to cover existing and anticipated new debt. •Direct staff to change the service provider model of the KC Agreement. Contrary to the service provider model preferred by Tigard staff, the Tigard council's liaison to the IWB and King City,Durham and the TWD would like to pursue an agreement similar to the current agreement whereby they retain ownership and control of water system assets. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS Executing the KC Agreement is consistent with the city's 2010 Water System Master Plan,the 2008 water partnership agreement(and subsequent amendments)with Lake Oswego,and the 2011 water revenue bond covenants. DATES OF PREVIOUS COUNCIL CONSIDERATION The council: •Discussed its strategy for future water service to King City,Durham and the TWD in executive session on August 14,2012. •Received a memo on the development of a new agreement for the provision of future water service to Durham,King City and the TWD in its October 31,2013 council packet. Attachments Issues with Current Agreement&Comparison of Current Agreement and New Service Provider Agreement(KC Agreement) Draft KC Agreement Issues with the Current Agreement Under the current agreements with King City,Durham and the Tigard Water District, the City of Tigard lacks the full authority to manage and operate its water system.Yet,Tigard bears full responsibility for the following,regardless of jurisdiction: - Providing a clean,safe,dependable water supply. - - Assumes all liability for assets and operation of the water system. - Compliance with all water quality sampling and reporting - - Financing including securing bonds and establishing rates,system requirements. development charges,etc. - Operation and management of all assets. . - Customer service,including 24-hour emergency service. - Develops Capital Improvement Plan and constructs capital - - Communication,including a quarterly newsletter,annual water quality projects. report,etc. - Performs all maintenance and repair of water system. - - Oversight of a water conservation program and development of a Water - Development of a Water System Master Plan. Conservation Plan. - Billing,accounting services,and administration. • Tigard provides all water-related services,much like Clean Water Services (CWS) provides sewer service. However,unlike CWS,Tigard does not own some of the assets it operates,nor does it have complete decision-making power over those assets,particularly when it comes to real property. • The current agreements benefit King City,Durham and the TWD whose residents pay the same rates as Tigard customers while these jurisdictions assume no debt or operational responsibility for the water system that serves them. • The current agreements—between Tigard and the entities—are complicated,cumbersome and ineffective. For example: 1. There is confusion regarding water distribution asset ownership like essential system assets verses other assets necessary to deliver water. Furthermore,it is difficult to manage joint assets owned by four separate entities. 2. There is confusion regarding which entity serves as the water provider under state rules and regulations,especially with regard to the Tigard Water District. 3. The Intergovernmental Water Board (IWB),where the entities are represented,adds another layer of government. 4. On matters requiring IWB consideration,each entity gets one vote regardless of the number of customers who reside within the city or district. 5. Operation and oversight of the IWB requires staff resources that could be used more effectively on other pursuits. 6. King City's infrastructure has required much more capital maintenance than that of other jurisdictions. Under the current agreement,Tigard, Durham and the TWD are subsidizing the maintenance of infrastructure owned by King City. 7. The current agreement could be viewed as a source of financial vulnerability to bond rating agencies;this can increase debt service costs. The new service provider agreement (KC Agreement) seeks to level the playing field by giving Tigard ownership and authority over all of the assets it operates and is responsible for. Comparison of Current Agreement and New Service Provider Agreement (KC Agreement) The following chart compares the current agreement with the KC Agreement on the critical issues of assets and governance: Issue Current Agreement KC Agreement(Service Provider Model) Ownership of system assets • Some system assets are joindy owned by all four All system assets will be owned,operated System assets are used in the operation of jurisdictions. and maintained by Tigard. the overall water system and include • Some system assets are owned solely by the TWD or reservoirs,wells, facilities,larger distribution Tigard. pipelines,real property,etc. • One system asset is owned by all four jurisdictions and leased by Tigard. • All system assets are operated and maintained by Tigard. Ownership of other assets • Other assets are owned by the jurisdiction in which All other assets will be owned,operated and Other assets are non-system assets located they reside. maintained by Tigard. within a jurisdiction and include smaller distribution pipelines,etc. • All system assets are operated and maintained by Tigard. Governance • King City,Durham,and the TWD are represented on Tigard will meet with the King City council Particularly related to real property. the Intergovernmental Water Board (IWB).The IWB is and/or city manager as requested. advisory to the Tigard City Council on most issues. Tigard will have sole ownership and • Real property transactions and changes in the authority regarding real property transactions ownership of some assets require the formal consent of and water system assets. the jurisdictions.In some instances,jurisdictions receive financial compensation if ownership changes. DRAFT KC Agreement September 4, 2013 Intergovernmental Agreement Regarding Water System Ownership and Water Service This Intergovernmental Agreement Regarding Water System Ownership and Water Service(Agreement) is made by and between the City of Tigard, a municipal corporation of the State of Oregon(Tigard)and the City of King City, a municipal corporation of the State of Oregon(King City). RECITALS WHEREAS, effective July 1, 1993,the Cities of Tigard,Durham and King City withdrew the area and water system infrastructure within their boundaries from the Tigard Water District. In lieu of the division of Tigard Water District assets as provided by 222.540,the City of Tigard entered into intergovernmental agreements for the delivery of water service to areas within the then-existing District boundaries including the cities of Durham,King City and the Tigard Water District; and, WHEREAS,this arrangement was memorialized in three separate agreements(IWB Agreements)between Tigard and the City of Durham, Tigard and the City of King City, and Tigard and the Tigard Water District; and WHEREAS,the IWB Agreements provided, among other things, for City of Tigard operation and management of the entire water system wherever located and that all users within the Tigard Water Service Area would obtain service at the same rates and on the same terms and conditions; and WHEREAS,the IWB Agreements also provided for participation by the Parties through an Intergovernmental Water Board to make recommendations on various water-related issues to the Tigard City Council; and WHEREAS, the City of Tigard has provided all services under the IWB Agreements since their effective date and the existing IWB Agreements expire on December 31, 2018. King City desires to terminate and cancel its existing IWB Agreement with the City of Tigard prior to the current expiration date and to replace it with this Agreement whereby the City of Tigard assumes complete ownership and responsibility of the Water Supply System Assets within King City and agrees to supply water to King City along with the obligations set forth herein; and WHEREAS, entry into this Agreement by the Parties is consistent with ORS 225.020 and the Parties' respective city charters, municipal codes, comprehensive plans and public facilities Plans; and DRAFT KC Agreement September 4, 2013 WHEREAS,pursuant to the Tigard City Charter and ORS 225.020,Tigard has the authority to acquire,own and operate the King City water system located outside the incorporated boundaries of Tigard and provide direct service to King City water system users; and WHEREAS, as set forth below in the terms and conditions of this Agreement, King City desires to transfer ownership and responsibility of the water system to Tigard and Tigard agrees to: a) Assume ownership and full responsibility to operate,maintain and repair the King City water system, and b) Continue to supply water and to secure future supply as needed, and c) Provide all water-related administration; and WHEREAS,the parties have authority to enter into this Agreement pursuant to ORS 190.003 through 190.030, and being fully advised. NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS: I. DEFINITIONS 1.1 "City of King City"shall mean the City of King City,an Oregon municipal corporation (King City). 1.2 "City of Tigard"shall mean the City of Tigard, an Oregon municipal corporation (Tigard). 1.3 "Distribution System,"or"Distribution System Assets" shall mean the potable water distribution systems of each Party providing direct service to that Party's system users through pipelines twelve(12)inches or less in diameter. 1.4 "Intergovernmental Water Board Agreements," shall mean those three(3)separate agreements that took effect on January 1, 1994, between Tigard and the City of Durham, Tigard and the City of King City, and Tigard and the Tigard Water District(IWB Agreements). 1.5 "Oregon Health Authority" shall, mean the State of Oregon Health Authority(OHA). 1.6 "Party"or"Parties"shall mean any signatory entity to this Agreement or any other local government or domestic water supply district that may join this Agreement. 1.7 "Safe Drinking Water Act," shall mean the Federal Safe Drinking Water Act of 1974 as amended(SDWA). 1.8 "Tigard Water Services Area," shall mean the area of the Tigard Water District, as it existed on July 1, 1993,the effective date of the IWB Agreements and as set forth on Exhibit 1, DRAFT KC Agreement September 4, 2013 attached and incorporated by reference and all additions to the TWSA by annexation to either Party, amendments to the Urban Growth Boundary or designation as Urban Reserve. 1.9 "Water Supply System"or"Water Supply System Assets"shall mean all water sources and facilities, appurtenances,real property and personal property used in treatment,pumping, storage and transmission of potable water within the TWSA to provide water to distribution system. II. EFFECTIVE DATE 2.1 The effective date of this Agreement is and shall continue in perpetuity unless terminated as provided in Article VIII. III. OWNERSHIP 3.1 Water Supply System Assets. In consideration of the assumption of obligations and responsibilities by Tigard in Article IV below, King City grants, conveys,transfers and assigns all ownership right, title and interest in any and all Water Supply System Assets that King City owns or has any rights of whatsoever kind and wherever situated in the TWSA to Tigard and Tigard accepts ownership AS-IS. The Water Supply System Assets are identified on Exhibit. 2, attached hereto and incorporated by reference. King City agrees to execute all documents to effectuate such conveyances as requested by Tigard. Upon conveyance,Tigard will own 100% of King City's interest in the Water Supply System Assets wherever situated and King City shall have no shared ownership or tenancy in common in any Water Supply System Assets or the Distribution System located within King City's boundaries. 3.2 Distribution System Asset. In consideration of the assumption of obligations and responsibilities by Tigard in Article N below,King City grants,conveys,transfers and assigns all ownership right,title and interest in any and all King City Distribution System Assets of whatsoever kind and wherever situated within the incorporated area of King City to Tigard and Tigard accepts ownership AS-IS. The Distribution System Assets are identified on Exhibit 3, attached hereto and incorporated by reference. King City agrees to execute all documents to effectuate such conveyances as requested by Tigard. Upon conveyance,Tigard will own 100% of the Distribution System Assets located within King City's boundaries and King City shall have no shared ownership or tenancy in common in any Distribution System Assets. IV. TIGARD COVENANTS AND OBLIGATIONS In consideration of King City's release,transfer and conveyance of assets in Article III above, Tigard agrees to: 4.1 Water Supply. Secure and supply all water to King City at the same quality and on the same terms, conditions and price for the same customer types and classes as exist in Tigard. DRAFT KC Agreement September 4, 2013 Tigard has obtained water supply sources and will continue to develop water supply sources to achieve reliable and redundant supplies for the future demands of King City including present boundaries, areas within the Urban Growth Boundary that may be annexed and urban reserves. Tigard agrees to provide water to King City so long as King City is a Party to this Agreement. 4.2 System Management. Tigard will plan,design,build, finance, operate,maintain,repair and replace those components of the Water Supply System and the Distribution System located within King City's boundaries as necessary for source,treatment,transmission, pumping and storage to deliver water as necessary to King City water system users with recovery of costs through rates so that users in King City pay their share under Section 4.9 below. 4.3 Curtailment. Tigard maintains a curtailment plan to meet shortages in water supply. Curtailment shall be consistent and equal throughout Tigard and King City so that all users are treated equally. 4.4 Demand Forecasting. Tigard will be responsible for demand forecasting and planning based on population or other information provided by King City. King City will provide information as reasonably requested by Tigard to enable Tigard to complete this task. 4.5 Regulatory Matters. Tigard will be responsible for compliance with all federal and state statutes,rules and administrative processes related to water source and water supply and the Distribution Systems within King City. Tigard will provide or will contract for all water quality sampling,testing, monitoring and reporting for SDWA and OHA compliance, as well as any other required reporting for regulatory compliance. Tigard will provide all interfaces with the Oregon Water Resources Department and other related regulatory agencies regarding provision of drinking water. 4.6 Cross Connection Control. Tigard maintains a cross connection and backflow prevention program that meets current state rules and regulations. 4.7 Mapping. King City will provide all available maps,drawings, as-builts,AUTOCADS, or other information to enable Tigard to develop a mapping system compatible with Tigard's information system 4.8 Budget. Tigard's requested budget will be provided to King City by February 28 of each year for review. King City may provide comments or questions to Tigard by April 15 of each year. The Tigard City Council is the sole and final decision maker on budget and rate matters. 4.9 Rate Methodology. Tigard will be responsible for calculation of rates and charges, including system development charges, as related to the Water Supply System. Tigard will adopt DRAFT KC Agreement September 4, 2013 rates in accordance with the current edition of the American Water Works Association Principles of Water Rates, Fees, and Charges (known as M1 standards), including any system-related debt coverage requirements. Tigard will include in the rates such amounts it deems necessary for the operation,maintenance,repair and replacement of the Distribution System located within King City's boundaries.Tigard and King City users shall obtain service at the same rates and on the same terms and conditions. 4.10 Billing. Tigard will assume all billing and collection functions, including management of any existing agreements King City may have for meter reading and other billing and collection services. King City may include a newsletter to citizens to be included in customer bills so long as Tigard does not incur additional costs beyond a typical bill. If inclusion of a newsletter or other publication increases mail processing costs, (printing, folding, stuffing, etc.), or postage costs, King City must pay the additional costs. 4.11 Public Relations. Tigard will be responsible for communications and public messaging regarding water-related issues involving King City. 4.12 Council/City Staff Meetings. Tigard representatives familiar with the Distribution System located within King City's boundaries or familiar with current issues of interest to King City will attend King City City Council meetings and will meet with the King City city manager as requested. 4.13 Emergency Service. Tigard will respond to water emergencies 24-hours-a-day, including weekends and holidays. Tigard will retain records of emergency calls in accordance with Oregon public records law. King City will forward all water emergency calls to Tigard. 4.14 Water Management and Conservation. Tigard will be responsible for all water management and conservation planning as required by the Oregon Water Resources Department. Tigard will also be responsible for the water master planning as required by the Oregon Health Authority. In the course of water management and conservation planning,Tigard may perform water audits and leak detection services in the Distribution System located within King City's boundaries. 4.15 System Operation and Maintenance. Tigard will operate and maintain the Distribution System located within King City's boundaries Tigard will install services and meters as needed in accordance with Tigard's standards. Additions, replacements or repairs to the Distribution System will be according to Tigard's standards for construction. Tigard will develop maintenance schedules consistent with prudent water utility practices. Tigard will be responsible for service requests and account inquiries. DRAFT KC Agreement September 4, 2013 4.16 Capital Improvement. Tigard will be responsible to budget and appropriate money for capital improvements. Capital improvements shall be made according to Tigard's Capital Improvement Plan and timing of projects reasonably designated by Tigard. Tigard will manage the Capital Improvement Program. All capital improvements shall be constructed according to Tigard construction standards. 4.17 Telemetry. Tigard will manage, maintain, and upgrade or replace, as necessary,the telemetry system. King City will cooperate when radio frequency license renewal is required, if necessary. 4.18 Activities in King City's Right of Way. King City will not charge Tigard any right of way permit fees for water-related projects. Tigard will seek the appropriate permits prior to working in King City's right of way. Tigard will make reasonable efforts to notify King City of projects affecting King City's right of way so that King City may coordinate traffic and other construction-related impacts. 4.19 Pay Stations. King City will designate publicly accessible location(s) for pay stations where users can submit Tigard utility payments. 4.20 Consumer Confidence Reports. Tigard will provide consumer confidence reports to King City users, commencing with the report due June 30,2014. 4.21 New Development. King City shall refer all applicants who require water service to Tigard. Tigard will review and provide comments to King City on development applications. These comments will be provided within the timelines set in current land use statutes. Tigard will provide the review, approval of engineering plans, inspections and final acceptance of additions or modifications to the water Distribution System. The Tigard City Engineer has the authority regarding public improvement design standards, including any variances within those standards. 4.22 Other Matters. Tigard will perform such other functions as the Parties hereto mutually agree in writing. V. RIGHT OF WAY 5.1 Use and Occupancy. Tigard shall have the right to use and occupy the streets and roads of King City where Water Supply System Assets or the Distribution System now exist or are installed in the future. 5.2 Fee for Use of Right of Way. Tigard will pay King City a mutually-agreed fee for use of King City rights of way for Water Supply System Assets and the Distribution System. The DRAFT KC Agreement September 4, 2013 Parties agree that such payment is mutually-agreed and voluntary and that such payment cannot be imposed on Tigard under existing law. The amount shall be set by a formula set forth on Exhibit 5 attached hereto and incorporated by reference. Exhibit 5 may be periodically revised by mutual agreement every five(5) years but will not at any time exceed %of revenues collected by Tigard from King City users. VI. ANNEXATION 6.1 Service to Annexed Areas. Tigard has planned for and will provide water service according to anticipated densities under the applicable comprehensive plan and zoning codes of Tigard and King City. Tigard will also serve areas annexed to King City, areas added to the Urban Growth Boundary and any designated Urban Reserves where King City will ultimately be required to provide water service. Service will only be provided on annexation to King City or Tigard,unless the health hazard annexation statutory process compels Tigard to provide water service to the subject property(ies). VIII. WITHDRAWAL AND TERMINATION 7.1 Voluntary Withdrawal. If King City elects, King City may voluntarily withdraw from this Agreement upon at least one(1) year prior written notice. Withdrawal will occur on the next July l'being at least 12 months from the date of notice. Tigard will transfer back to King City the Distribution System Assets. Master meters will be installed at all connection points to the Distribution System located within King City's boundaries. Master meters will be owned by Tigard but installed at King City expense. If bonds or indebtedness have been incurred against the Water Supply System Assets or Distribution System Assets,withdrawal cannot occur until the debts have been paid or satisfactory arrangements to Tigard have been made for payment of the proportionate share of debt through a wholesale contract with Tigard where the calculated rate contains a debt service component. The most current edition of the American Water Works Association Principles of Water Rates, Fees, and Charges(known as M1 standards) will be used to determine wholesale rates. 7.2 Material Breach. In consideration of the conveyance of all right,title and interest to the Water Supply System Assets to Tigard in Exhibit 2, Tigard agrees to provide water service to King City. King City may withdraw for material breach of this Agreement and upon one year written notice. Termination and withdrawal shall be effective on the date specified in notice, unless the Parties agree otherwise in writing. 7.3 Notice and Opportunity to Cure. Subject to Article VIII, if Tigard materially breaches the Agreement and fails to reasonably commence cure of the default, following a 60day notice by King City, King City may give notice of termination and withdrawal. King City may elect to DRAFT KC Agreement September 4, 2013 re-acquire only those Distribution System Assets located within King City's boundaries. If bonds or indebtedness have been incurred against the Water Supply System Assets or Distribution System Assets, withdrawal cannot occur until the debts have been paid or satisfactory arrangements to Tigard have been made for payment of the proportionate share of debt through a wholesale contract with Tigard where the calculated rate contains a debt service component. 7.4 Water Supply System Assets. Recognizing the conveyance to Tigard under Section 3.1, King City shall have no right to obtain or re-acquire ownership in any Water Supply System Asset wherever located. King City shall not re-acquire any Distribution System Assets owned by Tigard that serve Tigard users within or outside King City's boundaries. 7.5 Source. If King City terminates the Agreement and re-acquires the Distribution System, King City must negotiate a wholesale water purchase contract with Tigard or obtain its own source. If King City negotiates wholesale purchase contract with Tigard, then billings will be based on water through master meters according to the terms of the contract. The cost of the master meter, installation thereof, and master meter operations,maintenance repair and replacement will be included in the rate. The proportionate cost of debts under Sections 7.1 or 7.3 will also be included in the rate. 7.6 Cross Connections. If King City obtains water from another source,then in addition to the master meters at connection points,Tigard approved backflow prevention devices must be installed at the expense of King City, unless, in Tigard's sole discretion, it waives this requirement. 7.7 No Further Obligations. Following withdrawal and/or termination,King City shall be solely responsible for all aspects of the Distribution System located within King City's boundaries. Tigard shall have no further responsibility for supply and shall be completely released from further obligations under this Agreement, known or unknown. VIII. DISPUTE RESOLUTION 1.1 The Parties hereby agree that resolution of any and all disputes arising out of the terms of this Agreement or interpretation thereof shall follow the steps as set forth hereunder. Nothing shall prevent the disputing Parties from waiving any of the steps by mutual consent. 1.2 Dispute Resolution Steps. Step One(Negotiation): DRAFT KC Agreement September 4, 2013 A Party who has a dispute will give written notice(Dispute Notice)to the other Party setting forth the reasons for such dispute. Within ten(10)calendar days following the Dispute Notice, each Party will designate an authorized representative to negotiate on behalf of the Party he/she represents and attempt to negotiate a proposed resolution. If the representatives negotiate a proposed resolution within ninety(90)days of the Dispute Notice, the representatives shall reduce the resolution to writing and submit the same for approval by the King City and Tigard city managers, subject to approval by the governing bodies if necessary. A resolution so approved shall be binding. If the proposed resolution is not approved within sixty(60)days,the Parties shall proceed to Step Two. Step Two(Mediation): If the dispute cannot be resolved within the timeframe outlined in Step One,the Parties shall submit the matter to non-binding mediation. The Parties shall attempt to agree on a mediator. If they cannot agree, within thirty(30)days(or one hundred and ninety days 190 days of the Dispute Notice), the Parties will select a mediator through the Rules of the American Arbitration Association's Mediation Service or such other neutral service as the Parties may agree upon. Step Three(Legal Action): If the parties cannot agree on a mediator or if mediation is unsuccessful after two hundred and fifty(250)days from the date of Dispute Notice, a Party may initiate litigation in the Circuit Court of the State of Oregon for Washington County and may seek all available remedies. Each Party shall bear its own legal and expert witness fees at all stages of the dispute resolution process, including at trial or on any appeals. IX. INDEMNITY AND INSURANCE 9.1 Mutual Indemnity. Subject to the Constitution and laws of the State of Oregon and the damage limitations of ORS 30.260 to 30.300, each Party shall defend, indemnify, and hold each other harmless from and against any and all claims,demands, suits, actions,judgments, recoveries, liabilities, damages,penalties, costs and expenses, including but not limited to reasonable attorneys' fees resulting from damage to property or bodily injury, including death,to the extent caused by a Party's breach of this Agreement or the negligent actions or omissions of that Party, or its employees, servants, agents,or officers elected or appointed. The indemnification obligation provided in this section shall survive any withdrawal from,or any expiration or termination of this Agreement for the duration of any applicable statute of limitations. 9.2 Tigard Indemnity. Tigard agrees to hold harmless and save King City from any and all obligations and claims arising out of the IWB Agreement between Tigard and King City and DRAFT KC Agreement September 4, 2013 those similar agreements between Tigard and the City of Durham and Tigard and the Tigard Water District. 9.3 Insurance. If Tigard hires a consultant or contractor to work on any portion of the Water Supply System located within King City's boundaries,the contract documents shall require that consultant/contractor obtain,prior to beginning any work,and maintain in full force and effect for the term of the contract, at consultant's/contractor's expense,comprehensive general liability, to include bodily injury and property damage on a combined single limit per occurrence and aggregate basis; automobile liability with a combined single limit coverage to include bodily injury and property damage; and other insurance appropriate to the work to be performed in amounts not less than what Tigard would typically require for similar work. The named insureds on any policies shall be the consultant/contractor,Tigard and King City. Consultant/contractor shall name Tigard and King City,their elected and appointed officials,officers, agents, employees and volunteers as additional insureds. The policies shall be primary to and non- contributory with any insurance or self-insurance carried by Tigard or King City, and shall be issued by a company authorized to do business in the State of Oregon. The consultant/contractor shall provide Tigard written notice within thirty(30)days of cancellation or material modification of the insurance contract at the addresses listed below. Consultant/contractor shall provide certificates of insurance and additional insured policy endorsement to Tigard prior to commencement of any work. If requested,complete copies of insurance policies shall be provided to Tigard and King City. Consultant/contractor shall be financially responsible for all pertinent deductibles, self-insured retention and/or self-insurance used to satisfy these requirements. X. GENERAL PROVISIONS 10.1 Amendments. Any Party may request changes to this Agreement. Amendments to this Agreement must be proposed in writing and approved by a vote of the governing body of each Party. 10.2 Access to Records. To the extent permitted by law, all records, accounts and documents relating to matters covered by this Agreement shall be subject to inspection,copying, review or audit by any requesting Party. Upon reasonable notice,during normal working hours,each Party shall provide the other Party with access to its facilities for copying said records at the requesting Party's expense. 10.3 Public Records. a) Tigard and King City will comply all public records laws. A public records request will be reviewed to identify possible disclosure exemptions prior to DRAFT KC Agreement September 4, 2013 disclosure of the record. 10.4 Confidential Information. If a Party considers any portion of a record it provides under this Agreement,whether in electronic or hard copy form,to be protected from disclosure under law, the Party shall clearly identify any specific information that it claims to be"Confidential." A Party receiving a request for a record marked as Confidential shall notify the other Party of the request and the date that such record will be released to the requestor unless another Party obtains a court order to enjoin that disclosure. If another Party fails to timely obtain a court order enjoining disclosure, the receiving Party will release the requested information on the date specified. No Party shall be liable for any records that the Party releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. 10.5 Agreement Complete. This Agreement is a complete expression of the terms herein and any oral or written representations or understandings not incorporated herein are excluded. 10.6 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement. 10.7 Waiver. No term or provision of this Agreement shall be deemed waived and no breach excluded unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. 10.8 Subsequent Breach. Waiver of any default shall not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval of all Parties. 10.9 Rights Reserved. Except as specifically provided herein, each Party retains all rights and claims that may exist now or in the future against another Party. 10.10 Notice. Any notice shall be in writing and shall be addressed to the person designated below. Any notice may be given by certified mail, overnight delivery,facsimile, or personal delivery. Notice is deemed given when delivered. Email may be used for notice that does not allege a breach or dispute under this Agreement. The following contact information shall apply until amended in writing by a Party providing new contact information to each other Party. King City Name: City Manager DRAFT KC Agreement September 4, 2013 Address: 16580 SW 85th Avenue, Tigard, Oregon 97224 Email: Telephone: 503-547-8150 Fax: Tigard Name: City Manager Address: 13125 SW Hall Boulevard, Tigard, Oregon 97223 Email: Telephone: 503-639-4171 Fax: 10.11 Partial Invalidity. If any of the provisions of this Agreement are held to be invalid, illegal or unenforceable,the remaining provisions shall remain in full force and effect. If the invalidated section is essential to the benefit of the bargain, the Parties will in good faith negotiate a replacement provision to make the Parties whole to the greatest extent possible. 10.12 Assignment. No Party may sell or assign any of its rights or benefits under this Agreement without approval of the governing bodies of each Party. CITY OF KING CITY CITY OF TIGARD By: By: ATTEST: ATTEST: City Recorder City Recorder 4817-8350-3124,v. 1-9620-9684,v. 1-5299-1252,v. 1 i I a /c"n tAitif m o vec✓ /'i c �v. ? !, aa/ ' AIS-1525 Ce41 n ci/ m-e i/hal Workshop Meeting Meeting Date: 11/19/2013 Length (in minutes): 30 Minutes Agenda Title: Regional Transportation Planning Update Submitted By: Judith Gray, Community Development Item Type: Receive and File Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE Council will hear an update of regional and county transportation planning and policy activities affecting Tigard. STAFF RECOMMENDATION / ACTION REQUEST n/a KEY FACTS AND INFORMATION SUMMARY Staff will provide Council with a brief overview of several regional and county transportation planning activities underway now. These efforts include the Regional Transportation Plan Update and the Washington County Transportation Plan Update, among others. These activities affect Tigard in several ways related to transportation policies and funding. They may also influence and inform Tigard's planning efforts in River Terrace, the Tigard Triangle, and Southwest Corridor. In some cases, Council may be briefed on these and/or asked to take a position at other county and regional meetings, such as WCCC, MPAC, and JPACT. OTHER ALTERNATIVES n/a COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Goal 5 of the Tigard Transportation System Plan. Interagency Coordination: Coordinate planning, development, operation and maintenance of the transportation system with appropriate agencies. DATES OF PREVIOUS COUNCIL CONSIDERATION NA Attachments Presentation 11/19/2013 City of Tigard Revetiand Can I De die night Thin I G.',it Do= Regional & County Transportation Update November 19,2013 II\,\H1) 3 CNN Of I Ig.Ird Coordination Framework • Metro JPACT/TPAC MPAC/ MTAC • Washington County WCCC/WCCC TAC 1 11/19/2013 Cit, of Tigerd STIP • Southwest Corridor partnership / Commercial Street sidewalk / Pacific Highway sidewalk infill • $1 million, FY 16-18 city of 1I.Lr(I STIP 1 .7 s 0 / ‘,..;;;40co, . 2 11/19/2013 Cin ofTigard STIP to ., nr 15 + r r {. � , ! IS`tT Cin of Tigard RFFA • Fanno Creek Trail / 4 segments • $3.7 million, FY 16-18 3 11/19/2013 City of Tigard RFFA - ,.,,. .: . .. -,'aY.,. •• i* , , _ Fi IYr.4r Li I \. 41 Ira•uJM•w1,. �` IV II g----a�.m. ;, may. R a City of Tigard RFFA , 1 '. . ., .J 4 Ti r. R 4 . 11/19/2013 • Cite of Tigard Metro • Regional Transportation Plan (RTP) / Update from 2010 / Adoption by September 2014 P Required for Federal funding • Tigard Interests P Funding eligibility P TSP coordination City of Tigard Metro • Active Transportation Plan (ATP) P Element of the RTP P Coordination & continuity of system ► Design guidelines • Tigard Interests ► Funding implications ► Priority projects 5 11/19/2013 City of Tigard Metro • Climate Smart Communities / State mandate (JTA of 2009) / Target: 20%emissions reduction by 2035 / Adoption by Metro by December 2014 • Tigard Interests Potential transportation & land use priorities and policies CuiN of 1 igard Washington County • Transportation System Plan (TSP) ► 2040 forecast / Update of projects& policies • Tigard interests / Projects on county roads / Road jurisdiction, current &future / River Terrace coordination 6 V 11/19/2013 CAIN of Tigard Washington County • Alternative Performance Measures / Parallel but separate from TSP Could include other modes; economic development; safety • Tigard interests / Local experience / Possible Tigard or SW Corridor application ofTigard Washington County • "Westside Transportation Study" / Funds allocated in 2013 leg session / Scope is unclear/in development • Tigard Interests / Tracking, coordination / Resources 7 11/19/2013 city of Ti gard Southwest Corridor Plan • On-going partnerships • Coordinating with Triangle planning • Integrating into RTP and ATP • Potential alternative performance measures for Pacific Highway city of Tigard Southwest Corridor Plan • TriMet Service Enhancement Plan • Refined HCT alignments 8 11/19/2013 'fir , *rry •.',l is i " , Cih of Tigard ,vi*- Discussion 9