city of the dalles · 2017. 3. 31. · city of the dalles, oregon and wasco county, oregon north...

OFFICE OF THE CITY MANAGER

1. CALL TO ORDER

AGENDA

REGULAR CITY COUNCIL MEETING April 10, 2017

5:30 p.m.

CITY HALL COUNCIL CHAMBER 313 COURT STREET

THE DALLES, OREGON

2. ROLL CALL OF COUNCIL

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF AGENDA

5. PRESENTATIONS/PROCLAMATIONS

A. Recognition of School District 21 Volunteer Mike Elston

COUNCIL AGENDA

B. School District 21 Enterprise Zone Annual Report - Randy Anderson

C. Distracted Driver Project - Larry Fairclo

6. AUDIENCE PARTICIPATION

During this po1tion of the meeting, anyone may speak on any subject which does not later appear on the agenda. Five minutes per person will be allowed. If a response by the City is requested, the speaker will be referred to the City Manager for further action. The issue may appear on a future meeting agenda for City Council consideration.

7. CITY MANAGER REPORT

8. CITY ATTORNEY REPORT

9. CITY COUNCIL REPORTS

10. CONSENT AGENDA

Items of a routine and non-controversial nature are placed on the Consent Agenda to allow the City Council to spend its time and energy on the important items and issues. Any Councilor may request an item be "pulled"

CITY OF THE DALLES "By working together, we will provide services that enhance the vitality of The Dalles"

from the Consent Agenda and be considered separately. Items pulled from the Consent Agenda will be placed on the Agenda at the end of the "Action Items" section.

A. Approval of March 13, 2017 Regular City Council Meeting Minutes

B. Resolution No. 17-010 Concurring with the Mayor's Appointments to the Urban Renewal Budget Committee

11. PUBLIC HEARINGS

A. General Ordinance No. 17-1353 Pertaining to Adoption of an Updated Transportation System Plan and Amendments to the Comprehensive Plan and LUDO

12. CONTRACT REVIEW BOARD ACTIONS

A. Authorization to Purchase Asphalt to be used for Street Maintenance Projects March 28 through June 30, 2017

13. ACTION ITEMS

A. Authorization to enter into a Cost Recovery Agreement with US Forest Service for environmental studies in support of permitting related to the Dog River Pipeline Replacement Project

B. Adopt Special Ordinance No. 17-575 Granting a Non-Exclusive Franchise to Zayo Group, LLC to Construct a Fiber Based Service Facility

C. Maintenance Work on West ih Street

14. ADJOURNMENT

Prepared by I Izetta Grossman City Clerk

This meeting conducted in a handicap accessible room.

City of The Dalles, Oregon and

Wasco County, Oregon

North Wasco County School District 21 - Project funding per IGA dated May 8, 2014

For the payment of $240,000 to be received in the 2017-18 school year, the District's plan for the use of annual project fee is as follows:

Repayment to the District's General Fund for qualified expenditures in anticpation of the annual project fee.

Expenses related to High School mascot change.

1 Uniform replacements 1

Proposed expenses relating to curb appeal projects.

1 Replace window coverings in all schools with MechoShade roller screens for solar protection as well as privacy screening

1 Soccer (boys) Basketball (girls) Cross Country Soccer (g iris) Softball Baseball Track (boys) Track (girls)

Randal Anderson, Chie March 27, 2017

$ 612.38 8,414.16 1, 185.57 4,695.42 6,234.90 7,049.70 7,309.40 8,262.50

$ 43,764.03

$ 43,764.03

196,235.97

$240,000.00

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1

2

Distracted Driving Project Activity Date: Saturday April 22, 2017

"Cherry Festival Float and Parade" Plan of Action

To build a float for the parade with people riding

while holding a "Last Text" sign.

Activity Date: Saturday May 14, 2017 "Distracted Driving Sign Project"

Plan of Action

To organize at Sunshine Mills for staging area and

to get a sign. Spread out along both one ways on

both 2nd & 3rd street at each intersection.

Time will begin at 2:00 & end at 3:30.

Please pick up your sign before 2:00 and move to

an intersection. Return signs at 3:30.

Remember: This is a serious matter and we need

to give a serious presentation.

3 Signs: In smaller letters at the top of the following signs will say: "The Last Text"

The signs will be 11x15 and will need to be

laminated in case it rains and on non bendable

material like print mounts or yard sale signs.

These signs will be for Students & Parents.

R Uok?

LOL

dude call me

send me Pie

let me kno

u driving

call me

BRB

:)

haha

U at home?

Just kiddi

say hi 4me

OMG

I missu

Yo

on my way

yeah!

4 Other Signs:

The~e signs need to be placed before

and after the Last Text signs.

These signs are for:

are for Law Enforcement, Firemen, Community

Members, Teachers and Business Owners.

I .

SAVE A LIFE-DON'T TEXT & DRIVE

IT CAN HAPPEN IN A SECOND-Don't text & drive

WE CARE

PLEZ DON'T TEXT AND DRIVE

LIFE IS FRAGLE-DON'T LOSE IT!

STOP THE TEXT-STOP THE WRECKS

BETTER LEFT UNREAD THAN DEAD

DRIVE & STAY ALIVE-DON'T TEXT

ARIVE ALIVE-DON'T TEXT & DRIVE

PUT IT DOWN-ONT TXT N ORV

TAKE THE PLEDGE to never text & drive

DYING 2 SND A REPL V? Don't text & drive

IT CAN HAPPEN IN A SECOND-Don't text & drive

PAY ATTENTION: Dnt txt n drv

it can wait.com

Project Chairman

Larry Fairclo

Diamond F Driving School

541 993-2488

[email protected]

l

Page 2 of 71

These were the last text that people read before they crashed .... Many died other were seriously injured:

LOL Let me kno I miss u

sayhi 4me

send me pie dude call me

yeah! Vo

u here? u at home? OMG

u driving

call me just kiddi

r u ok? BRB on my way

"Stop the Text -Stop the Wrecks" "Better Left Unread Than Dead"

Hang A yor eel - itz d law! www.itcanwait.com

Sponsered by: Diamond F Driving School The Dalles, Oregon

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CITY of THE DALLES 313 COURT STREET

THE DALLES, OREGON 97058

(541) 296-5481 FAX (541) 296-6906

AGENDA STAFF REPORT

AGENDA LOCATION: Item #10 A-B

MEETING DATE: April 10, 2017

TO: Honorable Mayor and City Council

FROM: Izetta Grossman, City Clerk

ISSUE: Approving items on the Consent Agenda and authorizing City staff to sign contract documents.

A. ITEM: Approval of the March 13, 2017 Regular City Council Meeting Minutes.

BUDGET IMPLICATIONS: None.

SYNOPSIS: The minutes of the March 13, 2017 Regular City Council meeting have been prepared and are submitted for review and approval.

RECOMMENDATION: That City Council review and approve the minutes of the March 13, 2017 City Council meeting.

B. ITEM: Resolution No. 17- 010 Concurring with the Mayor's Appointments to the Urban Renewal Budget Committee

BUDGET IMPLICATIONS: None.

SYNOPSIS: The resolution has been prepared for your review and approval.

RECOMMENDATION: That City Council review and approve Resolution No. 17-010 Concurring with the Mayor's Appointments to the Urban Renewal Budget Committee.

Consent Agenda Page I of I

Page 4 of 71

MINUTES Regular City Council Meeting March 13, 2017 Page 1

PRESIDING:

COUNCIL PRESENT:

COUNCIL ABSENT:

STAFF PRESENT:

CALL TO ORDER

MINUTES

REGULAR COUNCIL MEETING OF

March 13, 2017 5:30 p.m.

THE DALLES CITY HALL 313 COURT STREET

THE DALLES, OREGON

Mayor Stephen Lawrence

Russ Brown, Tim McGlothlin, Taner Elliott, Linda Miller, Darcy Long-Curtiss

None

City Manager Julie Krueger, City Attorney Gene Parker, City Clerk Izetta Grossman, Finance Director Angie Wilson, Planning Director Steve Harris, Public Works Director Dave Anderson, Police Chief Patrick Ashmore, Human Resources Director Daniel Hunter, Assistant to the City Manager Matthew Klebes

The meeting was called to order by Mayor Lawrence at 5:30 p.m.

ROLL CALL

Roll call was conducted by City Clerk Grossman, all Councilors present.

PLEDGE OF ALLEGIANCE

Mayor Lawrence invited the audience to join in the Pledge of Allegiance.

APPROVAL OF AGENDA

It was moved by Elliott and seconded by Long-Curtiss to approve the agenda as submitted. The motion carried unanimously.

Page 5 of 71

MINUTES Regular City Council Meeting March 13, 2017 Page2

PRESENTATIONS/PROCLAMATIONS

Historical Landmarks Commission Annual Report - Dawn Hert, Senior Planner

Senior Planner Hert reviewed the staff report.

Hert gave tribute to Sallie Donovan who passed away in November. Hert said most of the historic documents in the Planning Department have Mrs. Donovan's name on them. Hert reported that Mrs. Donovan wrote the National Historic Inventories, the Historic Design Guidelines and the Pioneer Cemetery Preservation Plan. She said that during her 20 years with the department Mrs. Donovan had been the one to call when it came to historic preservation questions and also provided staff with countless of research and assistance as a volunteer.

Hert said that Mrs. Donovan's husband Bruce shared that "Sallie grew to enjoy The Dalles Pioneer Cemetery projects the most." Hert said considering that she worked all over the states of Oregon and Washington, that statement is great compliment to our community and its preservation efforts at our historic cemetery.

Mayor Lawrence asked if there were rules governing the Certified Local Government designation.

Hert said there were education requirements for the commissioners. She said three of the five commissioners had to meet those qualifications and that every five years we have to provide resumes for the new commissioners.

D2 l Volunteer Recognition - Rymmel Lovell

Mayor Lawrence presented Rymmel Lovell with a volunteer of the month certificate of recognition for spearheading the School Museum that is located on the Wahtonka Campus. He thanked her for her dedication to the project. He said she freely shares her wealth of information on each item during tours.

Ms. Lovell thanked Joy Krien for her work on the project and presented Ms. Krien with plant. She said the museum was open May through September.

AUDIENCE PARTICIPATION

Jerry Rodder, homeless advocate said he was back from Florida and was working with a group who were looking to develop a homeless shelter.

Mayor Lawrence said they should work with the Planning Department. He said Councilor McGlothlin

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was working on a task force regarding the homeless issue.

CITY ATTORNEY REPORT

City Attorney Parker reported there had been activity on the Granada Block property. He said there would be an executive session at the March 21 Urban Renewal Board meeting.

CITY COUNCIL REPORTS

Councilor Brown said he was concerned about the plan to pave Seventh Street. He said he believed there were less expensive fixes to the surface.

Public Works Director Anderson said the street had no base and the snow this winter had deteriorated it to the point that it would not hold a chip seal. He said the street would have higher traffic with the upcoming work on Sixth Street and the future development planned for the area.

It was the consensus of the Council to have Anderson bring back alternatives to the maintenance of Seventh Street.

Councilor Long-Curtiss reported on attending: • Gorge Commission Listening Session • Senator Merkley's Town Hall and Elected Official meeting prior to the town hall • League of Oregon Cities conference call regarding legislation

o Franchise Fee bill- 5% cap o Enterprise Zone bill - no hearing set o Transient Room Tax - The Dalles hadn't turned in the survey o Recreational Immunity - League was cautiously optimistic o Urban Renewal change - opposed

Councilor Miller reported on attending the Hazardous Waste Committee strategic planning.

Mayor Lawrence reported on attending: • Senator Merkley's Town Hall • Dry Hollow Elementary 4111 Grade- gave the students City of The Dalles pencils • Port of The Dalles meeting regarding a possible salmon smoking business in the Port

Authorize Mayor to sign letter regarding Gorge 2020 Management Plan

Councilor Long-Cmiiss noted that Mid-Columbia should be capitalized.

Page 7 of 71

MINUTES Regular City Council Meeting March 13, 2017 Page4

It was moved by Elliott and seconded by Miller to authorize the Mayor to sign the letter to the Gorge Commission with the noted correction. The motion carried unanimously.

CONSENT AGENDA

It was moved by Brown and seconded by Elliott to approve the Consent Agenda as presented. The motion carried unanimously.

Items approved by Consent Agenda were: 1) Approval of February 27, 2017 Regular City Council Meeting Minutes; 2) Approval of Resolution No. 17-009 Concurring with Mayor's Appointments to Various Committees.

CONTRACT REVIEW BOARD ACTIONS

Adoption of Resolution No. 17-008 Approval of Sole Source Purchase of Tasers through the T ASER Assurance Plan

City Attorney Parker reviewed the staff report. He said no comments were received.

Mayor Lawrence noted that Section 2 of the Resolution in the packet had read "Urban Renewal Agency", and that had been corrected to "City of The Dalles City Council" on the Resolution he would be signing.

It was moved by Miller and seconded by Elliott to adopt Resolution No. 17-008 Approval of Sole Source Purchase ofTasers through the TASER Assurance Plan. The motion carried unanimously.

ACTION ITEMS

Authorization to enter into Intergovernmental Agreement with ODOT to profile and pave East Second Street from the Boat Basin overpass through the roundabout in conjunction with an ODOT project on East Second Street that extends to Hwy 197

Public Works Director Anderson reviewed the staff report.

Councilor Miller asked how much of the shift at the roundabout was caused by the transformer move.

Anderson said there had been significant shifting prior to the transformer move through the roundabout. He noted that the design is slightly slanted to allow for runoff.

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It was moved by McGlothlin and seconded by Brown to authorize the Intergovernmental Agreement with ODOT for the re-paving of East 2nd Street from the Boat Basin overpass through the roundabout, and authorize staff to enter into a Fund Exchange Agreement with ODOT to accept funds provided under the Surface Transportation Program in an amount equal to the actual cost of the project. The motion carried unanimously.

Approve Small Grants to Non-Profits for fiscal year 2017-18

City Manager Krueger reviewed the staff report.

Councilor Long-Curtiss noted that the spreadsheet didn't reflect a total funding of the Youth Empowerment Shelter request. She said if it was the intent to fully fund the request, the total would be $19,848.

In response to a question City Manager Krueger said the budgeted amount was $25,000. She said the unused funds would be returned to the General Fund.

It was moved by Long-Curtiss and seconded by Elliott to approve the small grant requests as submitted. The motion carried unanimously.

ADJOURNMENT

Being no further business, the meeting adjourned at 6:24 p.m.

Submitted by/ Izetta Grossman City Clerk

SIGNED:

ATTEST:

Stephen E. Lawrence, Mayor

Izetta Grossman, City Clerk

Page 9 of 71

RESOLUTION NO. 17-010

A RESOLUTION CONCURRING WITH THE MAYOR'S APPOINTMENT ON THE URBAN RENEWAL BUDGET COMMITTEE

WHEREAS, there are vacant terms on the Urban Renewal Budget Committee; and

WHEREAS, the Mayor has elected appoint Corliss Marsh and Rich Mays to the Urban

Renewal Budget Committee;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

Section 1. The City Council concurs with the appointments of:

Corliss Marsh and Rich Mays to the Urban Renewal Budget Committee with terms expiring

June 30, 2020.

Section 2. This Resolution shall be effective April I 0, 2017

PASSED AND ADOPTED THIS 10th DAY of APRIL, 2017.

Voting Yes, Councilors: Voting No, Councilors: Absent, Councilors: Abstaining, Councilors:

AND APPROVED BY THE MAYOR THIS 10th DAY OF APRIL 2017.

SIGNED: ATTEST:

Stephen E. Lawrence, Mayor Izetta Grossman, City Clerk

Resolution No. 17-010 Page 1 of 1

Page 10 of 71



AGENDA STAFF REPORT

AGENDA LOCATION: Public Hearing #11-A

(541) 296-5481 FAX (541) 296-6906


TO:

FROM:

ISSUE:

Honorable Mayor and City Council

Steve Hanis, AICP, Planning Director Dale McCabe, PE, City Engineer

Public Hearing on Proposed Recommendations from the Planning Commission on adoption of the Updated Transportation System Plan and associated Comprehensive Land Use Plan and Land Use and Development Ordinance Code Amendments (CPA42-l 7 and ZOA 94-17) and Adoption of General Ordinance 17-1353

RELATED CITY COUNCIL GOALS: 2016-2017 CITY COUNCIL WORK.PLAN: Goal A:5. Complete Transportation System Plan (TSP) update.

BACKGROUND: The City entered into a professional services agreement with Kittleson & Associates, Inc. and Angelo Planning Group to prepare an updated Transportation System Plan (TSP). The City of The Dalles TSP update project is a comprehensive update that will ensure the transpo1iation system supp01is the economic and community goals of the City for the next 20 years. The updated TSP will supp01i the implementation of the Dalles Comprehensive Land Use Plan by developing a transportation system for all modes that will support the planned residential, commercial, and industrial growth in the City. The updated TSP will provide a priority project list, costs, and a funding plan. The updated TSP will also comply with Statewide Planning Goal 12, the Transp01iation Planning Rule (TPR), and the Oregon Highway Plan.

In addition to the proposed Comprehensive Plan Amendments, the TSP update project includes a number of Land Use and Development Ordinance (LUDO) text amendments to ensure consistency between the TSP goals and objectives and the development regulations found in the LUDO.

A City Council appointed Public Advisory Committee (PAC) and Technical Advisory Committee (TAC) assisted the consultant/Project Management Team (PMT) in the

Page 11 of 71

preparation of the draft plan. The PAC was made up of sixteen members from the community representing different businesses and advocacy interests. A twelve member TAC consisting of representatives/professionals from multiple jurisdictions and agencies within the community provided technical review and guidance to the eight member PMT.

Throughout the process, a total of five joint TAC/PAC meetings were held and two public presentations were conducted. The TAC/PAC meetings and the public presentations resulted in the development of six technical memorandums and ultimately the draft updated TSP which was presented to the Planning Commission and the City Council at the February 6, 2017 joint PC/CC workshop. Public comments as well as comments from Commission and Council members were received at this meeting.

As stated earlier, the City entered into a professional services agreement with Kittleson & Associates, Inc. and Angelo Planning Group to prepare an updated TSP, along with various Comprehensive Plan and LUDO text amendments. The current TSP dates from 1999 and is need of updating to address the needs of a growing community, and to keep current with changing state and federal requirements.

Some of the issues addressed in the updated TSP include the following:

• Nearly 850 acres of residential and industrials lands have been annexed into the City since 1999.

• Jurisdiction of West 6th and 2nd Streets has transfened from ODOT to the City.

• The Chenoweth Interchange Area Management Plan adopted in 2010 needs to be integrated into an updated TSP.

• Transportation system improvements are required to support industrial uses and the updated TSP must address the freight needs of rail, marine and truck operators as well as the Port of The Dalles.

• Transportation system improvements to provide safe access to and from schools, bicycle/pedestrian connections to downtown and the overall community.

• Identify and implement strategies which promote accessibility and connectivity to preserve the local character of The Dalles.

• Provide consistency with revised zoning ordinances and align with the City's Comprehensive Plan and Development Code and identify policies to support compact, pedestrian-oriented development.

Adoption of the updated TSP also requires the consideration and adoption of various text amendments under Goal 12: Transportation of the Comprehensive Plan. These proposed amendments can be found in the attached memorandum dated December 16, 2016. Additionally the attached memorandum dated March 9, 2017 provides a list of edits to the December 2016 draft TSP which resulted from the February 6, 2017 joint PC/CC workshop.

Page 12 of 71

A list of TSP implementation construction projects (Prospectus Sheets) are available for your review at http://thedallestsp.com/websites/36/pages/184. The project sheets describe each recommended project, its estimated cost and funding source, and priority ranking. These projects were discussed at the February 6th meeting.

Proposed LUDO Amendments In order to fully implement the goals and objectives of the updated TSP a number of text amendments to the LUDO are proposed. The complete list of amendments (which are summarized below) is found in the attached memorandum dated December 16, 2016.

• Pe1mit outright transportation improvements which are consistent with the updated TSP by creation of a new Section 10.060(k).

• Require LUDO amendments to be consistent with the updated TSP by amendments to Sections 3.100.030 and 3.110.030.

• Modify site plan review and conditional use permit evaluation criteria to include multi-modal transportation and safety considerations by amendments to Sections 3.030.040 and 30.050.040.

• Develop clear and objective standards for the Airport Approach Zone by amendments to Section 5.120 creating new definitions and establishing new provisions for land use and permit applications within the Overlay Zone Area.

• Ensure access management requirements are consistent with the updated TSP by amendments to Sections 6.050.030, 6.050.040, and 6.050.050.

• Allow for the redevelopment of existing parking areas for transit-oriented uses by amendments to Section 7.020.040.

• Review traffic study requirements and modify them to be consistent with the updated TSP by amendments to Sections 3.0303.020 and 10.060 allowing for limited traffic impact studies and full traffic impact studies.

• Update local street standards to be consistent with the updated TSP by amendments to Sections 9.030.040 and 10.060.

• Consider incorporating transit-supportive development requirements by establishing a new Section 10.130.

PLANNING COMMISSION ACTIONS: On March 16, 2017, the Planning Commission conducted a public hearing on the draft TSP and associated text amendments to the Comprehensive Plan and LUDO. In addition to the previously noted items, the Commission also reviewed the proposed transportation system improvement projects and an errata sheet on the draft TSP that was prepared following the February 6th joint PC/CC workshop. A more thorough description of the proposed Comprehensive

Page 13 of 71

Plan and LUDO amendments can be found in the attached Planning Commission agenda report and consultant-prepared memorandums.

Following closure of the public hearing, the Planning Commission moved to recommend adoption of the updated Transportation System Plan, including the edits described in the March 9, 2017 memorandum, and the Comprehensive Plan and LUDO text amendments contained in the memorandums dated December 16, 2016.

In their motion to the City Council, to recommend adoption of the updated Transportation System Plan, the Planning Commission recommended the following inclusions:

• The Mill Creek Trail project descriptions and priority status (Pedestrian Projects P-17, P-20, and P-21) be modified as per the memo dated March 16, 2017, that was submitted By Bruce Lumper during the Public Hearing portion of the meeting. (See attached)

• Provide additional language/parameters by which the Planning Director and the Planning Commissioners can make decisions on, regarding serial partitions versus subdivisions, that will provide the Planning Director and the Planning Commissioners firm direction and rationale as to when subdivision requirements and infrastructure improvements should be met. As per a direct quote provided in the motion, "We want teeth in the serial development".

As a result of the Planning Commission meeting and their motion to the City Council, a new errata sheet, dated March 28, 2017, has been prepared and is provided for Council's use and consideration as well.

COUNCIL ALTERNATIVES

I. Staff recommendation: Move to adopt General Ordinance No. 17-1353 Pertaining to Adoption of an updated Transportation System Plan and Amendments to the Comprehensive Plan and General Ordinance No. 98-1222 by title only.

2. Amend the TSP and proposed Comprehensive Land Use Plan, LUDO text amendments and General Ordinance No. 17-135 3 as appropriate and direct staff to proceed to post adoption of the amended ordinance for a future Council meeting.

3. Refer the matter back to the Planning Commission for further deliberations as directed by the City Council.

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MEMORANDUM

354 SW UPPER TERRACE DRIVE, SUITE 10 1 BEND, OR 97702 P 541.312.8300

Dat e: March 28, 2017 Project#: 18495

To: Dale McCabe

City of The Dalles

From: Ashleigh Ludwig and Susie Wright, PE

The Dalles TSP Proj ect :

Subj ect : Draft TSP Edits after Planning Commission Hearing on March 16, 2017

This memorandum provides a summary of the changes that were made to the Draft TSP following the

Planning Commission Hearing on March 16, 2017.

• Table 6-6 on page 166:

o 1-3: Project description modified to add the word "minimal" ("Install a minimal traffic . I ") s1gna ...

o 1-4: Removed City and ODOT as potential funding partners and updated total cost of

low priority projects to reflect the change

o 1-7: Removed County as a potential funding partner


o S-11: Added ODOT (ODOT Rail) as a potential funding partner

o S-12: Added ODOT (ODOT Rail) as a potential funding partner

o S-13: Reworded project description as follows: "Extend guardrail along Columbia View

Drive east of Highway 197."


o B-17: Added ODOT as a potential funding partners

o B-18: Added the City as a potential funding partner in the table (No edits were made

to the "Expected City Contribution" column

o B-23: Added the City as a potential funding partner in the table (No edits were made


o B-26 : Added the City as a potential funding partner in the table (No edits were made


• Table 6-11 on page 182 and Figure 6-9 on page 185: The following edits were made to reflect

comments received on the Mill Creek Trail project.

FILENAME: H: IPROJFILEl18495 - THE DALLES TSPIREPORTlDRAFTl,MARCH 2017 ICI7Y COUNCIL VERSIONl1849S_MARCH2017

DRAFT TSP EDITS-CC VERSION.DOCX Page 15 of 71

The Dalles TSP March 28, 2017

Project#: 18495 Page2

o Added project P-17 as Low Priority, funded by Urban Renewal funds ("Other" funding

partners). The project description is: Construct a shared-use path from the south side

of W. 2nd Street and the west side of Mill Creek (Aquatic Center and Thompson City

Park) to the Riverfront Trail using an at-grade crossing of W. 2nd Street, an easement

from the north side of W. 2nd Street between the Union Pacific Railroad, Urness

Motors, and the US Post Office properties to Union Street, and then use the existing

Union Street sidewalk, at grade railroad crossing, and Interstate 84 underpass to

connect with the Riverfront Trail. Funding will be provided through the Urban

Renewal program.

o Revised P-20 as follows: Construct a shared-use path between W 2nd Street (Aquatic

Center and Thompson City Park) and West 8th Street. Pre-engineering for this part of

this trail has been completed. All parts of this proposed Phase 1 of the trail are on

public property. Further plans should be coordinated with The Dalles Watershed

Council, the Riverfront Trail Board, and Northern Wasco County Parks and Recreation

District. Funding will be provided through the Urban Renewal program.

o Revised P-21 as follows: Construct a shared-use path between the intersection of

West 3rd Place and West 4th Street to connect to Phase I of the Mill Creek Trail at the

Aquatic Center and the Thompson City Park. This path should use the existing bridge.

Construct path on the west bank of Mill Creek from 6th Street to 2nd Street.

Kittelson & Associates, Inc. Bend, Oregon Page 16 of 71

DATE:

TO:

FROM:

ISSUE:

MARCH 16, 2017

PLANNING COMMISSION STAFF REPORT

CITY OF THE DALLES

PLANNING DEPARTMENT

HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ~

STEVEN HARRIS, AICP PLANNING DIRECTOR DALE MCCABE CITY ENGINEER

COMPREHENSIVE PLAN AMENDMENT CPA 42-17 AND ZONING ORDINANCE AMENDMENT ZOA 94-17 - PERTAINING TO ADOPTION OF UPDATED TRANSPORTATION SYSTEM PLAN AND VARIOUS AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN AND THE LAND USE AND DEVELOPMENT ORDINANCE

BACKGROUND The City of The Dalles Transportation System Plan (TSP) update project is a comprehensive update that will ensure the transportation system supports the economic and community goals of the City for the next 20 years. The updated TSP will support the implementation of The Dalles Comprehensive Land Use Plan by developing a transportation system for all modes that will support the planned residential, commercial, and industrial growth in the City. The updated TSP will provide a priority project list, costs, and a funding plan. The updated TSP will also comply with Statewide Planning Goal 12, the Transportation Planning Rule (TPR), and the Oregon Highway Plan.

In addition to the proposed Comprehensive Plan amendments, the TSP update project includes a number of Land Use and Development Ordinance (LUDO) text amendments to ensure consistency between the TSP goals and objectives and the development regulations found in the LUDO.

PROCEDURE This is a legislative type hearing. The Planning Commission's role is to conduct a public hearing, review the proposals and make recommendations to the City Council. The Council will also hold a public hearing, and any recommendations

Page 17 of 71

adopted by the Council would be formalized in an ordinance and become part of the 2011 Comprehensive Land Use Plan and LUDO.

NOTIFICATION These proposed Comprehensive Plan and LUDO changes require a 35 day notice to the Department of Land Conservation and Development. That notice was sent on February 9, 2017. A notice was also published in The Dalles Chronicle on March 5, 2017.

COMMENTS As of the date of the preparation of this report, no comments have been received from the public for this hearing.

The City Council appointed both a Public Advisory Committee (PAC) and a Technical Advisory Committee (TAC) to assist the consultant/staff Project Management Team (PMT) with their work. The PAC was made up of sixteen members from the community representing different agencies and community interest groups. A twelve member TAC consisting of representatives from other governing agencies within the community provided technical review and guidance to the eight member PMT.

Throughout the process, a total of five joint TAC/PAC meetings were held and two public presentations were conducted. The TAC/PAC meetings and the public presentations resulted in the development of six technical memorandums and ultimately the draft updated TSP which was presented to the Planning Commission and the City Council at the February 5th joint PC/CC workshop. Public comments as well as comments from Commission and Council members were received at this meeting.

DISCUSSION The City has entered into a professional services agreement with Kittleson & Associates, Inc. and Angelo Planning Group to prepare an updated TSP, along with various Comprehensive Plan and LUDO text amendments. The current TSP dates from 1999 and is need of updating to address the needs of a growing community, and to keep current with changing state and federal requirements.

Some of the issues addressed in the updated TSP include the following:

• Nearly 850 acres of residential and industrials lands have been annexed into the city since 1999.

• Jurisdiction of West 5th and 2nd Streets has transferred from ODOT to the City.

2 Page 18 of 71

• The Chenoweth Interchange Area Management Plan adopted in 2010 needs to be integrated into an updated TSP.

• Transportation system improvements are required to support industrial uses and the updated TSP must address the freight needs of rail, marine and truck operators as well as the Port of The Dalles.

• Transportation system improvements to provide safe access to and from schools, bicycle/pedestrian connections to downtown and the overall community.

• Identify and implement strategies which promote accessibility and connectivity to preserve the local character of The Dalles.

• Provide consistency with revised zoning ordinances and align with the City's Comprehensive Plan and Development Code and identify policies to support compact, pedestrian-oriented development.

Adoption of the updated TSP also requires the consideration and adoption of various text amendments under Goal 12: Transportation of the Comprehensive Plan. These proposed amendments can be found in the attached memorandum dated December 16, 2016. Additionally the attached memorandum dated March 9, 2017 provides a list of edits to the December 2016 draft TSP which resulted from the February 5th joint PC/CC workshop.

A list of TSP implementation construction projects (Prospectus Sheets) will be available at the Planning Commission. The project sheets describe each recommended project, its estimated cost and funding source, and priority ranking. These projects were discussed at the February 5th meeting.

Proposed LUDO Amendments In order to fully implement the goals and objectives of the updated TSP a number of text amendments to the LUDO are proposed. The complete list of amendments (which are summarized below) is found in the attached memorandum dated December 16, 2016.

• Permit outright transportation improvements which are consistent with the updated TSP by creation of a new Section 10.060(k).

• Require LUDO amendments to be consistent with the updated TSP by amendments to Sections 3.100.030 and 3.110.030.

• Modify site plan review and conditional use permit evaluation criteria to include multi-modal transportation and safety considerations by amendments to Sections 3.030.040 and 30.050.040.

• Develop clear and objective standards for the Airport Approach Zone by amendments to Section 5.120 creating new definitions and establishing

3 Page 19 of 71

new provisions for land use and permit applications within the Overlay Zone Area.

• Ensure access management requirements are consistent with the updated TSP by amendments to Sections 6.050.030, 6.050.040, and 6.050.050.

• Allow for the redevelopment of existing parking areas for transit-oriented uses by amendments to Section 7.020.040.

• Review traffic study requirements and modify them to be consistent with the updated TSP by amendments to Sections 3.0303.020 and 10.060 allowing for limited traffic impact studies and full traffic impact studies.

• Update local street standards to be consistent with the updated TSP by amendments to Sections 9.030.040 and 10.060.

• Consider incorporating transit-supportive development requirements by establishing a new Section 10 .130.

RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing on the draft updated Transportation System Plan document, and the proposed Comprehensive Plan and LUDO text amendments. Following closure of the public hearing, move to recommend that the City Council adopt the draft updated TSP, including the edits described in the March 9, 2017 memorandum, and the Comprehensive Plan and LUDO text amendments.

ATTACHMENTS • Draft TSP (dated December 2016); previously distributed • Draft TSP errata memorandum (dated March 9, 2017) • Comprehensive Plan Amendments memo (dated December 16, 2016) • Development Code Amendments memo ( dated December 16, 2016) • Meeting minutes Joint PC/CC Workshop (date February 6, 2017) • Resolution No. PC 561-17

4 Page 20 of 71

· KfflCJ~lS()N .: & ASSOC IA TES

S~,1 SW UPPER 1 Ef;RACi' DRIVE, SUITE 10' BEND. OR c:7702 ,. 541312 8300

MEMORANDUM

Date: March 9, 2017 Project#: 18495

To: Dale McCabe

City of The Da lies

From: Ashleigh Ludwig and Susie Wright, PE

The Dalles TSP Project:

Subject: Draft TSP Edits after February 6, 2017

This memorandum provides a summary of the changes that were made to the Draft TSP following the

Joint City Council and Planning Commission Worksession on February 6, 2017.

• Page 9 (Preface): The Transit Feasibility Study Advisory Committee members were added to

this page for acknowledgement in their role throughout the project. Members included Joni

Bramlett, Rich Eberle, Dan Hoyt, and Ron Nails.

• Page 35: Within the Existing Conditions chapter, the Jurisdiction section was clarified to

indicate that all Wasco County roads within The Dalles City Limits were transferred to The City

of The Dalles in 2016.

• Transit Analysis: The transit analysis was updated to reflect population estimates for 2016.

• Project R-1 (E-19th Street Extension) was clarified to indicate that projects 1-6, the Thompson

Street/Old Dufur Street/10th Street intersection realignment, and project P-32, Thompson

Street sidewalks, should be completed in conjunction with or prior to the completion of the E

19th Street extension to assist in accommodating the increase in traffic that Thompson Street

will carry with the E 19th Street extension.

• The Dalles Riverfront Trail:

o Project P-15 (The Dalles Riverfront Trail) was modified to High priority and the

alignment was corrected to reflect the current work planning underway for this

project. However, no City funding sources were assigned to the project.

o Previous Project P-16 was removed because it was covered by the modification in

alignment of Project P-15.

• Mill Creek Trail:

o Previous Project P-17 was removed because Project P-20 (Shared-Use Path between

W 3th Street and W 6th Street) completed the Mill Creek Trail project as shown in

current Mill Creek Trail planning documents.

o Project P-21 was extended to provide the connection to P-20.

RLENAME· H:IPROJFILEl18495 • THE DALLES TSPIREPORTIDRAFTIMARCH 2017118495_MARCH2017 DRAFT TSP EDrTS.DOCX Page 21 of 71

The Dalles TSP

March 9, 2017

Project ff: 18495

!'age 2

• Project P-33 (151 Street Streetscape Urban Renewal Project) was added to the project list as a

high priority project. The project description includes: Construct enhanced pedestrian

facilities on the south side of 1st Street, install street lights, and resurface the street. The

detailed street section will be determined by the Urban Renewal project development

process. Cost estimate will be developed as part of project development. Depending on

project timing and downtown on-street parking needs, the project may result in shared-use

one-way eastbound travel lanes with parking on the north side of the street or one-way

vehicular traffic with bike lanes but no on-street parking. Funding will be provided through

the Urban Renewal program.

• Prospectus Sheets; Prospectus sheets are provided in Attachment A of Volume 1 of the Draft

TSP. These sheets summarize the project information for each individual project on one page.

The information in the prospectus sheets was already provided in the tables and figures in

Chapter 6 of the Draft TSP.

Attachment A of this memorandum provides Table 6-11 (Pedestrian Projects) and Figure 6-9

(Pedestrian Plan) to illustrate the more modifications that were made to the Pedestrian Plan.

Kittelson & Associo tes, Inc. Bend, Oregon

Page 22 of 71

The Doi/es Transportation System Pion March 2017

Table 6*11. Pedestrian Projects

sidewalk gaps from Chenowith Loop Road to Walnut I Sidewalk P-1 I W 7•h Street Sidewalk I Street. (Note: Sidewalk is only desired for the west side of W 7'' Street between Chenoweth Loop Road and Hostetler.}

P-2 I W 10th Street Sidewalk I Add a sidewalk on both sides of the street to fill

sidewalk gaps from Chenowith Loop Road to Vey Way I Sidewalk

P-3 I Hostetler Street Sidewalk Add a sidewalk on both sides of the street from West

Sidewalk lD'h Street to West 6"' Street

'h Stripe high emphasis crosswalk markings and install

P-4 I W 10' · Street/Hostetler

Crossing Street intersection appropriate school crossing signal

P-S I Chenowith Loop Road Add sidewalk on the south side of the street from

Sidewalk Sidewalk Chenowith Elementary School to W 10th Street

P-6 I W 10'" Street/Chenowith Stripe crosswalk markings and install appropriate school

Crossing Loop Road Crosswalk crossing sign age

P-8 I E 19'" Street Sidewalk Add sidewalk on the north side of the street from East

/ Sidewalk 18"' Street to Dry Hollow Road

E 16'" Place/E 19'" Stripe crosswalk markings and install upgraded school I Crossing P-9 I Street/Dr,' Hollow Road

Crosswalk crossing sign age

P-10 I W 14" Street/Bridge Stripe crosswalk markings and install upgraded school

Crossing Street Crosswalk crossing slgnage

P-11 I W 14'h Street/Trevitt Stripe crosswalk markings and install upgraded school

Crossing Street Crosswalk crossing signage

P-12 I W 16

1h Street/Bridge Stripe crosswalk markings and install upgraded school

Crossing Street Crosswalk crossing signage

P-13 I W 161

h Street/Trevitt Stripe crosswalk markings and install upgraded school Crossing

Street Crosswalk crossing signage

Fill gaps between Snipes Street and Hostetler Street. P-14 / W 61h Street Sidewalk I Note: this should be conducted in conjunction with Sidewalk

project S-3.

P-15 The Dalles Riverfront Trail Complete construction of the Riverfront Trail from The Shared-Use Dalles Marina to The Dalles Dam Visitor Center. Path

P-16 Intentionally left blank.

P-17 Intentionally left blank.

P-18 I Chenoweth Creek Trail" Construct traii alo~g- the creek from W 10th Str~et to I Shared-Use

I the Riverfront Trail, tncludmg an at-grade crossing of US P h 30 l_l:listoric Columbia River Highway) and an at

I $560,000 I $ 560,000

S 610,000 $ 610,000

$ 200,000 $ 200,000

'

$ 2,000 $ 2,000

$ 46,000 $ 46,000

$ 2,400 $ 2,400

$ 30,000 $ 30,000

I $ 2,500 I $ 2,500

$ 2,200 $ 2,200

$ 2,200 $ 2,200

$ 2,200 $ 2,200

$ 2,200 $ 2,200

$34,000 $34,000

Unknown Unknown

Unknown Unknown

I Medium

Medium

Low

High

I High

High

Medium

I High

High

High

High

High

High

1-!igh•

Low

Chapter 6: Transportation System Plan Page 182

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The Doi/es, Oregon

Page 23 of 71

The Dalles Transportation System Plan March2017

undercrossing of 1-84. Shared Use Path between

Construct a shared-use path between West 71" Street

P-19 I West 7'" Street and West 8'" Street

and Wests'" Street (from Walnut to Webber)

Construct a shared-use path between W s'" Street and Shared-Use Path along I West 6'h Street. Pre-engineering for part of this trail has

P-20 I between W gth Street and begun. Further plans should be coordinated with The West 6th Street Dalles Watershed Council and the Riverfront Trail

Committee. Construct a shared-use path between the intersection of West 3"' Place and West 4th Street to connect to the

I Shared-Use Path to the Aquatic Center and the Thompson City Park. This path

P-21 I should use the existing bridge. Much of this section of Aquatic Center

the path will be constructed on private property. Construct path on the west bank of Mill Creek from 6th

Street to 2'd Street. Install sidewalks and bicycle lanes on the future East

I Shared-Use I Path

I Shared-Use l Path

I Shared-Use I Path

Sidewalks and Bicycle P-22 I Lanes on East l 91

h Street 19th Street connection to Thompson Street. This will be I s·d lk l accomplished through roadway project R-1 and is I

ewa and Thompson Street

included in the cost estimate for that project.

I W 2"' Street: Lincoln Add a sidewalk on both sides of the street from Lincoln I Sidewalk I P-23 Street to Webber Street, based on result of streetscape

Street to Webber Street study.

I Sidewalk P-25 \ E 2"d Street Sidewalks I Construct sidewalks on one side of East Second Street

between Brewery Overpass Road and Highway 197 I

P-26 I E 121h Street Sidewalks

I Construct sidewalks on E 12'" Street between Thompson and Richmond

Sidewalk

P-27 I E 9'" Street Sidewalk Infill I Construct sidewalks on E 9lh Street from Lewis Street to

Brewery Grade to provide a complete connection. Sidewalk

P-28 I Sorosis Park Trail Study the feasibility of improving the trail connections Study I Connection Study between Sorosis Park and Washington Street.

Evaluate the best locations for pedestrian/bicycle P-29 I Pedestrian Access Study connections across the interstate and railroad to access Study

the river, Riverfront Trail, and Lone pine.

6th Street/Cherry Heights Complete cl study to examine pedestrian access in the area and determine the appropriate location and design

P-30 I Road Pedestrian Access for a mid-block crossing(s) of 5<h Street between Cherry

Study Study

Heights Road and Webber Street. W 2° Street Sidewalks I Sidewalk I P-31 I from Webber to Install sidewalks on the west side of W 2"d Street. Hostetler

$30,000 I $30,000 I Medium

$37,000~** I $37,000 I High

$7,000**- I $7,000 I Medium

I I High

$250,000 I $250,000 I Medium

$380,000 G-~--~

000 Low

$170,000 $170,000 Low

$13,000 $13,000 Low

$20,000 $20,000 Low

$20,000 $20,000 High

$5,000 $1,000 Medium

$510,000 I $510,000 I Medium

Chapter 6: Transportation System Plan

Page 183

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I I ../

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The Do{le5, Oregon

Page 24 of 71

March 16, 2017

Bruce Lavier, Chairman City of the Dalles Planning Commission 313 Court St. The Dalles, OR 97058

RE: Comments Regarding this evening's Agenda Item VI, Public Hearing B, Draft Updated Transportation System Plan Table 6-11, Pedestrian Projects: P-15, The Dalles Riverfront Trail; and P-17, P-20 and P-21, Proposed Mill Creek Trail

Dear Chairman Lavier;

At the February 6, 2017 Work Session of The Dalles City Council and the Planning Commission, Dan Durow, President of the Riverfront Trail Board, and I, Vice-President of the Riverfront Trail Board and Co-Chair of The Dalles Watershed Council, provided comments in regard to the priority ranking of the Riverfront Trail and proposed Mill Creek Trail in the draft Transportation System Plan (TSP) update that was the focus of discussion for that Work Session.

Dan requested, in his comments, that The Dalles Riverfront Trail, listed in that Febr. 6, 2017 draft document as Projects P-15 and P-16, be revised to show this project completion as a HIGH priority.

The revisions described and shown in the March 9, 2017 Memorandum from Kittelson & Associates, for The Dalles Riverfront Trail, and included in tonight's agenda, make these changes, as requested. On behalf of the Riverfrqnt Trail Board, I would like to thank Dale McCabe, City Engineer; and, Ashleigh Ludwig and Susie Wright, of Kittleson & Associates, for working with Dan Durow, and making these requested changes to the draft TSP update.

In regard to the proposed Mill Creek Trail, several changes were made to the draft TSP update in regard to my comments at the Febr. 6, 2017 Work Session, and additional communication with Dale McCabe, the City Engineer and TSP update Project Manager.

Project P-17 for the Mill Creek Trail was removed because, it was determined that Project P-20 completed the Mill Creek Trail project as shown in current Mill Creek Trail planning documents. In addition, Project P-21 was e><tended to provide the connection to Project P-20.

Page 1 of 3

Exhibit 3

Page 25 of 71

I appreciate the work that was done to delete Project P-17 and incorporate the proposed Mill Creek Trail into Projects P~20 and P-21.

With just a few additional revisions, I believe that the proposed Mill Creek Trail could be fully incorporated into the draft TSP Update. These revisions would cover more than just placing the proposed trail at a HIGH priority.

First, for Project e-20, I would sugges.t the following changes:

Location: Mm Creek Trail, Phase I

Project Description: Construct a shared-use path between W. 2nd Strreet (Aquatic Center and Thompson City Park) and West 8th Street. Prre-engineering for this part of the trall has been completed. AU parts of this proposed Phase I of the trail are on public property. Further plans should be coordinated with The Dalles Watershed Council, the Riverfront Trail Board and Northern Wasco County Parks & Recreation District.

Cost: $94,500*** (*** Cost estimate for engineering only. Estimate provided by Tenneson Engineering.)

City Contribution: $94,500

Priority: High

(This amount has been budgeted by Urban Renewal for FY 2016/17. If the full cost of the engineering is not considered to be a City Contribution, a 25% City Match would be $23,625).

Second, for Project Pu21 ~ I would suggest the following changes:

Location: Mm Creek Trail, Phase II

Project Description: Construct a shared-use path between the intersection of West 3rd Place and West 4th Street to connect to Phase I of the Mill Creek Trail at the Aquatic Center and Thompson City Park. This path should use the existing bridge. (Note: I would suggest that the statement that much of this path will be constructed on private property be deleted as I believe it is in error. Mapping I have shows all of the property where the path would go as either owned by the City or the Northern Wasco County Parks & Recreation District.)

Priority: Medium

Page 2 of 3

Page 26 of 71

Third, I would suggest that Project P-17 be re-Instated as follows:

Location: Mm Creek Trail, Phase m

Project Description: Construct a shared-use path from the south side of W. 2nd Street a111o'l the west side of Mm Creek (Aquatic Center and Thompson City Park) to the Riverfront Trail using an at-grade crossing of W. 2nd Street, an easement from the north side of W. 2nd Street between the Union Pacific Railroad, Urness Motors and the US Post Office properties to Union Street, and then use the existing Union Street sidewalk, at grade railroad crossing and Interstate 84 underpass to connect with the Riverfront Trail.

Project Type: Shared~Use Path

Cost Estimate: Unknown

City Contribution: Unknown

Priority: Low

Potential Funding: City/Urban Renewal, ODOT, Other

Thank you for your consideration of these suggested revisions. Please let me know if you have any questions.

Sincerely, { .

k/ft'L-/ ~~c,

Bruce Lumper Vice-President, Riverfront Trail Board Co-Chair, The Dalles Watershed Council

Page 3 of 3

Page 27 of 71

GENERAL ORDINANCE NO. 17-1353

AN ORDINANCE PERTAINING TO ADOPTION OF AN UPDATED TRANSPORTATION SYSTEM PLAN AND

AMENDMENTS TO THE COMPREHENSIVE PLAN AND GENERAL ORDINANCE NO. 98-1222

WHEREAS, the City Council initiated the process to update the City's Transportation Plan by appointing a Public Adviso1y Committee and a Technical Advisory Committee to assist the consultant and staff Project Management Team; and

WHEREAS, the Public Advisory Committee and the Technical Advisory Committee conducted five joint meetings and two public presentations, which resulted in the creation of six technical memorandums and a draft Transportation System Plan ("TSP") which was presented to the City Council and the City Planning Commission during a joint work session held on February 6, 2017; and

WHEREAS, on March 16, 2017, the City Planning Commission conducted a public hearing to consider the final draft of the TSP and proposed amendments to the City's Comprehensive Plan and Land Use and Development Ordinance, and following the public hearing, the Planning Commission voted to adopt Resolution No. 561-17 recommending approval of the final draft of the TSP and the proposed amendments to the City's Comprehensive Plan and Land Use and Development Ordinance; and

WHEREAS, on April 10, 2017, the City Council conducted a public hearing to review the Planning Commission's recommendation concerning the final draft of the TSP and the recommended changes to the City's Comprehensive Plan and Land Use and Development Ordinance, and following the public hearing, the City Council voted to accept the Planning Commission's recommendations:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THE DALLES ORDAINS AS FOLLOWS:

Section 1. Findings. In support of the adoption of General Ordinance No. 17-1353, the City Council makes the following findings:

A. The City of The Dalles TSP update project is a comprehensive update that will ensure the transpo1iation system suppmis the economic and community goals of the City for the next 20 years.

B. The updated TSP will support the implementation of the City's Comprehensive Land Use Plan by developing a transpmiation system for all modes which will support the planned residential, commercial, and industrial growth in the City.

C. The updated TSP will provide a priority project list, costs, and a funding plan.

General Ordinance No. 17-1353 Page I of 19 Page 28 of 71

D. The updated TSP will also comply with Statewide Planning Goal 12, the Transp01iation Planning Rule ("TPR"), and the Oregon Highway Plan.

E. The TSP project also includes a number of Land Use and Development Ordinance amendments ("LUDO") to ensure consistency between the TSP goals and objectives and the development regulations found in the LUDO.

Section 2. Criteria for Amendment Satisfied. Section 3.110.030 of the City's LUDO provides that text amendments to the LUDO shall be consistent with the City's Comprehensive Plan, State Laws and administrative rules. The proposed amendments will permit outright transp01iation improvements which are consistent with the updated TSP by creation of a new Section 10.060(k). These amendments are consistent with Goal #3 Integration, of the TSP, and administrative rule OAR 660-012-0045(1).

Consistency with the updated TSP is ensured through amendments to Sections 3.100.030 and 3.110.030 of the LUDO, which is consistent with Goal #3 Integration of the TSP, and administrative rules OAR 660-012-0045(2)(g) and OAR 660-012-0060. The provisions for site plan review and conditional use permit evaluation criteria have been modified to include multi-modal and safety considerations by amendments to Sections 3.030.040 and 3.050.040, consistent with Goal #3 Integration and Goal #4 Economic Development of the TSP, and OAR 660-012-0045(2)(e).

The amendments will develop clear and objective standards for the Airport Approach Zone by revisions to Section 5.120 creating new definitions and establishing new provisions for land use and permit applications within the Airport Overlay Zone Area, consistent with Goal #4 Economic Development of the TSP, and OAR 660-012-0045(2)( c ). The amendments will ensure access management requirements are consistent with the updated TSP by revisions to Sections 6.050.030, 6.050.040, and 6.050.050, consistent with Goal #2 Accessibility and Connectivity of the TSP, and OAR 660-012-0045(2)(a). The amendments also allow for the redevelopment of existing parking areas for transit-oriented uses by revising Section 7.020.040 to allow for transit amenities, consistent with Goal #2 Accessibility and Connectivity of the TSP, and OAR 660-0412-0045(4)(e). The proposed amendments modify the requirements for traffic studies to be consistent with the updated TSP by amendments to Sections 3.030.020 and 10.060 allowing for limited traffic impact studies and full traffic impact studies, consistent with Goal #1 Safety and Mobility of the TSP, consistent with OAR 660-012-0045(2)(b).

The proposed amendments will ensure consistency with the updated TSP by updating local street standards as set forth in the revised Sections 9.030.040 and 10.060, consistent with Goal #1 Safety and Mobility, consistent with OAR 660-012-0045(7). The proposed amendments also incorporate transit-supportive development requirements by establishing a new Section 10.130, consistent with Goal #2 Accessibility and Connectivity, consistent with OAR 660-012-0045(4)(a).

General Ordinance No. 17-1353 Page 2 of 19 Page 29 of 71

Section 4. Section 10.060 Street Requirements, shall be amended by adding a new subsection K, which shall read as follows:

K. Transpo1iation Improvements Permitted Outright. Except where otherwise specifically regulated by this ordinance, the following improvements are permitted outright:

1. Normal operation, maintenance, repair, and preservation activities of existing transportation facilities.

2. Installation of culve1is, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within the existing rightof-way.

3. Projects that are consistent with projects identified and planned for in the Transportation System Plan.

4. Landscaping as part of a transp01iation facility.

5. Emergency measures necessary for the safety and protection of property.

6. Acquisition of right-of-way for public roads, highways, and other transportation improvements designated in the Transpo1iation System Plan.

7. Construction of a street or road as part of an approved subdivision or land partition consistent with the applicable land division ordinance.

Section 5. Section 3.100.030 Review Criteria shall be amended by revising subsections A and C to read as follows:

A. Conformance. The proposed Zone Change confo1ms to the Comprehensive Plan, including the Transpmiation System Plan, and all other provisions of this Ordinance.

C. Streets and Traffic. The site is, or will be, adequately served by streets for the type and volume of traffic generated by uses that may be permitted in the new zone, and the planned function, capacity, and performance standards as adopted in the Transportation System Plan. Requirements of the State Transpmiation Planning Rule shall apply to those land use actions that significantly affect the transportation system, as defined by OAR 660-012-0060.

Section 6. Section 3.110.030 Review Criteria, shall be amended to read as follows:


Proposed text amendments shall be consistent with the Comprehensive Plan, and State Laws and Administrative Rules, including the State Transportation Planning Rule OAR 660-012-0060. Proposed text amendments shall be consistent with the adopted Transpo1iation System Plan and the planned function, capacity, and performance standards of the impacted facility or facilities. Requirements of the State Transportation Planning Rule shall apply to those land use actions that significantly affect the transpo1iation system, as defined by OAR 660-012-0060.

Section 7. Section 3.030.040 Review Criteria shall be amended by adding a new subsection H which shall read as follows:

H. Improvements Required of Development. The Proposal complies with all of the applicable LUDO Chapter 10 standards, including but not limited to:

1. Section 10.040 Bicycle Requirements.

2. Section 10.050 Pedestrian Requirements.

3. Section 10.060 Street Requirements.

Section 8. Section 3.050.040 Review Criteria shall be amended by amending subsection C(6) to read as follows:

6. The transpo1iation system is capable, or can be made capable, of supporting the additional transportation impacts generated by the use. Evaluation factors shall include, but are limited to:

a. Street designation and capacities;

b. On-street parking impacts;

c. Bicycle safety and connectivity;

d. Pedestrian safety and connectivity; and

e. Transit capacity and efficiency.

Section 9. Section 5.120.010 Purpose, shall be amended to read as follows:

The City of The Dalles is a part owner of the Columbia Regional Airport, located in Klickitat County, Washington. The airport is a valuable asset to the City and the citizens and businesses of Wasco and Klickitat Counties. The topography of the region restricts approaches to the airport, and the City desires to protect those approaches as much as possible. When the approaches use airspace over the areas within the zoning jurisdiction of the City of The Dalles, the City will protect that airspace. No development or operational characteristic will be allowed that would hinder the use of the airspace.


Section 5.120 is adopted to implement Oregon Revised Statutes (ORS) 836.600 through 836.630 and policies of the Comprehensive Plan as they relate to private use airports. When applied, it provides for the continued operation and vitality of the Columbia Gorge Regional Airport consistent with state law. It also provides for safety standards to reduce the potential for safety hazards for property and for persons living, working or recreating on lands near the airp01i. The Airpo1i Approach Overlay Zone shall be applied to the underlying zone.

Section 10. Section 5.120.020 Protection of Airport Zones shall be renamed Definitions and shall be amended to read as follows:

5.120.020 Definitions

Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing or taking off from the strip of land, including but not limited to, land use for existing airport uses.

Airport Direct Impact Area. The area located within 5,000 feet of an airpo1i runway, excluding lands within the runway protection zone and approach surface.

Airport Elevation. The highest point of an airport's usable runway, measured in feet above mean sea level.

Airport Imaginary Surfaces. Imaginary areas in space and on the ground that are established in relation to the airpo1i and its runways. Imaginary areas are defined by the primary surface, runway protection zone, approach surface, conical surface, and transitional surface.

Airport Secondary Impact Area. The area located between 5,000 and 10,000 feet from an airport runway.

Airport Sponsor. The owner, manager, or other person or entity designated to represent the interests of an airport.

Approach Surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

A. The inner edge of the approach surface is the same width as the primary surface, and it expands uniformly to a width of:

1. Two thousand (2,000) feet for a utility runway having a non-precision instrument approach;

2. Three-thousand five hundred (3,500) feet for a non-precision instrument runway, other than utility, having visibility minimums greater than threefourths statute mile;


3. Four thousand (4,000) feet for a non-precision instrument runway, other than utility, having visibility minimums at or below three-fourths statute mile; and

4. Sixteen thousand (16,000) feet for precision instrument runways.

B. The approach surface extends for a horizontal distance of:

1. Five thousand (5,000) feet at a slope of 20 feet outward for each foot upward for all utility runways;

2. Ten thousand (10,000) feet at a slope of 34 feet outward for each foot upward for all non-precision instrument runways, other than utility; and

3. Ten thousand ( 10, 000) feet at a slope of 5 0 feet outward for each one foot upward, with an additional 40,000 feet at a slope of 40 feet outward for each one foot upward, for precision instrument runways.

C. The outer width of an approach surface will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

Department of Aviation. The Oregon Department of Aviation, the State agency chiefly responsible for matters relating to the continuing development of aviation as pati of the state's transportation system, and the safety of its airways.

FAA. The Federal Aviation Administration.

Height. The highest point of a structure or tree, plant or other object of natural growth, measured from mean sea level.

Horizontal Surface. A horizontal plane 150 feet above the established airp01i elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

A. 5,000 feet for all runways designated as utility.

B. 10,000 feet for all other runways.

C. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000 foot arc is encompassed by tangents connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.


Non-precision Instrument Runway. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in, non-precision instrument approach has been approved, or planned, and for which no precision approach facilities are planned or indicated on an FAA-approved airport layout plan or other FAA planning document.

Obstruction. Any structure, or tree, plant or other object of natural growth that penetrates an imaginary surface.

Other than Utility Runway. A runway that is constructed for, and intended to be used by, turbine-driven aircraft or by propeller-driven aircraft exceeding 12,500 pounds gross weight.

Precision Instrument Runway. A runway having an existing instrument approach procedure utilizing air navigation facilities that provide both horizontal and vertical guidance, such as an Instrument Landing System (ILS) or Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by an FAA-approved airp01i layout plan or other FAA planning document.

Public Assembly Facility. A permanent or temporary structure or facility, place or activity where concentrations or people gather in reasonably close quarters for purposes such as deliberation, education, worship, shopping, employment, entertainment, recreation, sporting events, or similar activities. Public assembly facilities include, but are not limited to, schools, churches, conference or convention facilities, employment and shopping centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places, but do not include parks, golf courses or similar facilities unless used in a manner where people are concentrated in reasonably close quarters. Public assembly facilities also include air shows, structures or uses approved by the FAA in an adopted airport master plan, or places where people congregate for short periods of time, such as parking lots or bus stops.

Runway. A defined area on an airp01i prepared for landing and takeoff of aircraft along its length.

Significant. As it relates to bird strike hazards, "significant" means a level of increased flight activity by birds across an approach surface of runway that is more than incidental or occasional, considering the existing ambient level of flight activity by birds in the vicinity.

Structure. Any constructed or erected object which requires location on the ground or is attached to something located on the ground. Structures include, but are not limited to, buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earth formations, and overhead transmission lines. Structures do not include paved areas.


Transitional Surface. Those surfaces that extend upward and outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at a 90-degree angle to the extended runway centerline.

Utility Runway. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.

Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures, where no straight-in instrument approach procedures or instrument designations have been approved or planned, or are indicated on an FAA-approved airport layout plan or any other FAA planning document.

Water Impoundment. Includes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features. A new water impoundment includes an expansion of an existing water impoundment except where such expansion was previously authorized by land use action approved prior to the effective date of this ordinance.

Section 11. Section 5.120 shall be amended by adding six new subsections, 5.120.030, 5.120.040, 5.120.050, 5.120.060, 5.120.070, and 5.120.080 which shall read as follows:

5.120.030 Notice of Land Use and Permit Applications within Airport Overlay Zone Area

Except as otherwise provided herein, written notice of applications for land use or limited land use decisions, including comprehensive plan or zoning amendments, in an area within this overlay zone, shall be provided to the airport sponsor and the Department of Aviation in the same manner as notice is provided to property owners entitled by law to written notice of land use or limited land use applications in accordance with Section 3.020.

A. Notice shall be provided to the airport sponsor and the Department of Aviation when the property, or a portion thereof, that is subject to the land use or limited land use application is located within 10,000 feet of the sides or ends of a runway.

B. Notice of land use and limited land use applications shall be provided within the following timelines:

1. Notice of land use or limited land use applications involving public hearings shall be provided prior to the public hearing at the same time that written notice of such application is provided to property owners entitled to such notice.


2. Notice of land use or limited land use applications not involving public hearings shall be provided at least 20 days prior to entry of the initial decision on the land use or limited land use application.

C. Notice of the decision on land use or limited land use applications shall be provided to the airport sponsor and the Department of Aviation within the same timelines that such notice is provided to parties to a land use or limited land use proceeding.

D. Notices required under Paragraphs A through C of this section need not be provided to the airport sponsor or the Department of Aviation where the land use or limited land use application meets all of the following criteria:

1. The application would only allow structures of less than 35 feet in height;

2. The application involves property located entirely outside the approach surface;

3. The application does not involve industrial, mining or similar uses that emit smoke, dust, or steam; sanitary landfills or water impoundments; or radio, radiotelephone , television or similar transmission facilities or electrical transmission lines; and

4. The application does not involve wetland mitigation, enhancement, restoration, or creation.

5.120.040 Height Limitations on Allowed Uses in Underlying Zones

All uses permitted by the underlying zone shall comply with the height limitations in this Section. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall contJ.·ol.

A. Except as provided in subsections B and C of this Section, no structure or tree, plant, or other object of natural growth shall penetrate an airport imaginary surface.

B. For areas within primary imaginary surfaces, but outside the approach and transition surfaces where the terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, a local government may authorize structures up to 35 feet in height.

C. Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation, and the FAA. Applications for height variances shall follow the procedures for other variances and shall be subject to such conditions and terms as recommended by the Department of Aviation and the FAA.


5 .120.050 Procedures

An applicant seeking a land use or limited land use approval in an area within this overlay zone shall provide the following information in addition to any other information required in the permit application:

A. A map or drawing showing the location of the property in relation to the airpo1t imaginary surfaces. The Planning Depaitment shall provide the applicant with Department Surface Profile maps in the Columbia Gorge Regional Airport Master Plan upon which to locate the property.

B. Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above the mean sea level.

C. If a height variance is requested, letters of supp01t from the airport sponsor, the Department of Aviation, and the FAA.

5.120.060 Land Use Compatibility Requirements

Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of this chapter as provided herein.

A. Outdoor Lighting. No new or expanded industrial, commercial or recreational use shall project lighting directly on an existing runway or taxiway or into existing airport approach surfaces, except where necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting.

B. Glare. No glare-producing material, including but not limited to unpainted metal or reflective glass, shall be use on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot's vision.

C. Industrial Emissions. No new industrial, mining or similar use, or expansion of an existing industrial, mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust, or steam that could obscure visibility within airport approach surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential for safety risk or incompatibility with airp01t operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility.


D. Communications Facilities and Electrical Interference. Proposals for the location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within this overlay zone shall be coordinated with the Department of Aviation and the FAA prior to approval.

E. Landfills. No new sanitary landfills shall be permitted within 10,000 feet of any airport runway. Expansions of existing landfill facilities within these distances shall be permitted only upon demonstration that the landfills are designed and will operate so as to not increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the airport sponsor, the Department of Aviation, and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure than an increase in bird/aircraft collisions is not likely to result.

5.120.070 Water Impoundments within Approach Surfaces and Airport Direct and Secondary Impact Boundaries

Any use or activity that would result in the establishment or expansion of a water impoundment shall comply with the requirements of ORS 836.623.

5.120.080 Nonconforming Uses

Section 5 .120 shall not be construed to require the removal, lowering, or alteration of any existing structure or vegetation not conforming to Section 5 .120. Section 5 .120 shall not require any change in the construction, or alteration of the intended use of any structure, the construction or alteration of which was begun or completed prior to the effective date of this safety overlay zone.

Section 12. Section 6.050.030 General Requirements, shall be amended by adding a new subsection I which shall read as follows:

I. In addition to the spacing standards in 6.050.040, access shall be taken from lower classification streets whenever possible.

Section 13. Section 6.050.040 Access Standards shall be amended by revising the first paragraph, and subsection A, and the heading for Table 1, to read as follows:

Access to lots of record existing at the time of adoption of this Ordinance shall not be denied. Table 1 identifies the City's access spacing standards as they relate to new development and redevelopment. Separation requirements between street intersections are listed in Section 9. 020. 020(B)(2) :Size.

A. Separation Standards. Separation between access points shall conform to the access spacing standards as specified below in Table 1; however, access separation may be reduced to accommodate characteristics specific to a proposed site and/or use. In cases where separation is reduced below the preferred spacing standard, the reduction


shall not be less than the appropriate stopping sight distance standard listed in Table 2 for arterial and collector streets, unless the approving authority finds that all of the provisions of Section 6.050.050 below have been met. In no case shall the residential spacing standards for local residential streets listed in Table 3 be reduced.

Table 1: Access Spacing Standards for City Roadways. Table 1 is to be replaced with TSP Table 6-3.

Section 14. Section 6.050.050 Exceptions to Standards, is amended to read as follows:

6.050.050 Exceptions to Standards

A. The City may allow a reduction in the required minimum separation distance between access points on arterial and collector streets where such separation is impractical due to existing street frontage, topography, natural resources, or physical barriers, provided a minimum separation based on safety is maintained and all of the following requirements are met:

1. Public Safety. A licensed professional engineer specializing in traffic submits proof that a reasonable standard of public safety applies.

2. Elimination of Replaced Access Points. The property owner enters into an agreement with the City to close and eliminate pre-existing connections on site which are being replaced by the new access point.

3. Legal Lots of Record. The lot is a legal lot of record.

B. The City may require one or more of the following as a condition of approval of an exception to the minimum access spacing standards:

1. The non-conforming access be closed at such time that reasonable access becomes available to a local public street.

2. The proposal includes agreement(s) with adjacent land owners to provide either joint access points, front and rear cross-over easements, or a rear access upon future redevelopment.

Section 15. Section 7.020.040(C)(3) shall be amended by adding a new subsection (d) which shall read as follows:

d) Bus shelters and other pedestrian and transit amenities located adjacent to streets with existing or planned transit routes.

Section 16. Section 3.030.020 Review Procedures shall be amended by revising subsection H to read as follows:


H. Traffic system impacts. For developments that are likely to generate more than 400 average daily motor vehicle trips (ADTs), the applicant shall provide a traffic impact study pursuant to the requirements of Section 10.060 to demonstrate the level of impact of the proposed development on the sun-ounding street system. The determination of impact or effect, and the scope of the impact study, shall be coordinated with the provider of the affected transp01iation facility. The developer shall be required to mitigate impacts attributable to the project.

Section 17. Section 10.060(A) Traffic Studies shall be revised to read as follows:

A. Traffic Impact Studies.

1. Traffic Impact Studies (TIS) shall be required of all development proposals that meet one or more of the following:

a. Development of 16 or more dwelling units.

b. Any development proposal that is likely to generate more than 400 average daily motor trips.

c. Any development proposal that is within 500 feet of an intersection that is already at or below level of service "D".

2. Limited Traffic Impact Studies (L TIS).

a. Notwithstanding Section 10.060(A)(l) above, the City may require an initial, limited traffic study for development proposals to determine the level of service at intersections within 500 feet of the proposed development.

b. If the limited traffic study finds the level of service to be at or below "D", the City may require a TIS.

3. The TIS shall be conducted in accordance with the following:

a. A proposal establishing the scope of the traffic study shall be submitted for review to the Director. The study requirements shall reflect the magnitude of the project in accordance with accepted traffic engineering practices. Projects should assess all nearby key intersections.

b. Once the scope of the traffic study has been approved, the applicant shall present the results with an overall site development proposal. The study shall be sealed and signed by a Licensed Professional Engineer specializing in traffic.

4. Approval Criteria.


a. Location of new arterial streets shall conform to the Transportation System Plan, and traffic signals should generally not be spaced closer than 1,500 feet for reasonable traffic progression.

b. The TIS <;lemonstrates that adequate transportation facilities exist to serve the proposed development or identifies mitigation measures that resolve identified traffic safety problems in a manner that is satisfactory to the City and, when state highway facilities are affected, to ODOT.

c. For affected non-highway facilities, the TIS establishes that level-of-service standards adopted by the City have been met.

5. Conditions of Approval.

a. The City may deny, approve, or approve a proposal with conditions necessary to meet operational and safety standards; provide the necessary right-of-way for improvements; and to require construction of improvements to ensure consistency with the future planned transportation system.

b. Construction of off-site improvements may be required to mitigate impacts resulting from development that relate to capacity deficiencies and public safety; and/or to upgrade or construct public facilities to City standards.

c. Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on transportation facilities. Findings in the development approval shall indicate how the required improvements directly relate to, and are roughly proportional to, the impact of development.

Section 18. Section 9.030.040 Paiiition Application Review, shall be amended by revising subsection A, Review Procedure to read as follows:

A. Review Procedure. Partition Applications shall be processed as administrative actions, per the provisions of Section 3. 020. 040; Administrative Actions. Where the Director determines that continuous paiiitioning of a tract of land may occur in subsequent years, potentially resulting in the need for new road(s), utilities, or stormwater drainage facilities to be constructed and unmitigated impacts to City services and surrounding property, the application shall be referred to the Planning Commission, pursuant to Section 3.020.050 Quasi-Judicial Actions for a determination as to the applicability of the LUDO subdivision requirements.

Section 19. Section 10.060(J) Location, Grades, Alignment and Widths shall be amended by revising subsection 5 to read as follows:

5. Street right-of-way and improvement shall conform to the widths and standards in Table 6-1 of the Transportation System Plan, or as modified in subsection 6.


Streets designated in the Transportation System Plan as local and located in residential zones shall meet development standards as established by City Council resolution. A copy of the latest resolution can be obtained from the Planning Depaiiment.

Section 20. Chapter 10 Improvements Required with Development, shall be amended by adding a new Section 10.130 Transit Requirements, which shall read as follows:

10.130 Transit Requirements

Improvements at Transit Stops. A proposed development that is adjacent to or includes an existing or planned transit stop will be required to plan for access to the transit stop and, where determined necessary in consultation with the transit agency, provide for transit improvements. Requirements apply where the subject parcel(s) or portions thereof are within 200 feet of a transit stop. Development requirements and improvements may include the following:

A. Intersection or mid-block traffic management improvements, as needed and practicable, to allow for pedestrian crossings at transit stops.

B. Building placement within 20 feet of the transit stop, a transit street or an intersection street, or a pedestrian plaza at the stop or a street intersection.

C. Transit passenger landing pads accessible to disabled persons to transit agency standards.

D. An easement or dedication for a passenger shelter and an underground utility connection to a transit stop if requested by the transit agency.

Section 21. Goal #12 Transportation, of the City's Comprehensive Plan, shall be amended in the following manner:

A. In the Background section, the third, fourth, and fifth paragraphs shall be amended to read as follows:

The City of The Dalles, along with Klickitat County, Washington, owns the Columbia Gorge Regional Airport, located north of The Dalles in Washington State. While the airport is not located within The Dalles Urban Growth Boundary, it is an imp01iant public facility for The Dalles, Klickitat County, and the Mid-Columbia Gorge region. The Columbia Gorge Regional Airp01i - Airport Master Plan, completed in 2010, includes plans for new onairport and off-airport improvements.

In 1993, The Dalles began a multi-phased update of The Dalles Transportation Plan in the context of preparing a Transp01iation System Plan (TSP) for the City. This first phase was completed, providing updated traffic counts and a detailed inventory of existing street and transportation improvements. The City's 1993 Bicycle Master Plan was incorporated into this Plan by reference. The Dalles TSP was completed and adopted in 2007.


In 2017, The Dalles completed a comprehensive update of the 2007 TSP to ensure the transportation system supports the economic and community goals of the City. The updated TSP, the transportation element of the Comprehensive Plan, plans for a multi-modal transportation system that will support the planned residential, commercial, and industrial growth in the City. The goals and policies have been updated to reflect the objectives and recommendations of the 2017 TSP.

B. The Goal 12 Policies are amended to read as follows:

1. Mass transit and supporting transportation improvements for The Dalles Urban Area shall be encouraged.

2. Pedestrian and bicycle routes in the Urban Area shall be encouraged.

3. Develop and maintain a transportation system that supports connections to air, rail, marine, or freight transportation, including services provided by the Columbia Gorge Regional Airpmi, the Port of The Dalles, and The Dalles Marine Terminal.

4. The Columbia Gorge Regional Airp01i is a transportation facility of regional importance which shall be properly maintained to meet the needs of the MidColumbia Area. The City shall regulate uses within the Airport Overlay Zone to ensure that physical hazards to air traffic at the Airport are avoided.

5. Encourage the provisions of adequate barge handling facilities to meet present and future barge traffic on the Columbia River.

6. Encourage commercial and recreational use of the Commercial Dock Facility, while respecting tribal fishing rights and access to the river.

7. Develop a safe and efficient aiierial and collector street system that provides additional north-south and east-west local access routes, thereby relieving traffic congestion on the street system.

8. Provide an integrated system of aiierial and collector streets throughout the City to accommodate future growth needs for all users in residential, commercial, and industrial areas of the community.

9. Street standards shall be flexible as to street trees, sidewalks, planting strips, and widths.

10. Commercial and industrial developments shall provide adequate ingress and egress, off-street parking, and adequate landscaping.


11. Develop a street system that improves vehicular access to the downtown area and maintains The Dalles as the hub by providing access for development in outlying areas.

12. Provide adequate transit services to make shopping, health and social services accessible to transportation-disadvantaged residents as funds are available.

13. Prioritize efficient freight movement on identified freight routes and, in particular, street improvements to safely accommodate the north-south truck movement from the hillside orchards to the downtown processing plants, and access to the commercial and industrial areas.

14. Plan for and maintain a multi-modal transportation system that incorporates safety and operational improvements for bicyclists and pedestrians.

15. Preserve and maintain the existing transportation system in a good state of repair and prioritize transportation projects that provide the most benefit for the cost, consistent with existing standards and policies.

16. Develop and maintain an environmentally sensitive transportation system.

17. Improve safety and operational components of existing transportation facilities not meeting City standards or industry best practices.

18. Incorporate Transportation Demand Management (TDM) strategies to reduce the number of single occupancy vehicles, maximize the use of existing infrastructure, and reduce parking demands.

19. Incorporate new technologies to enhance the transportation system and extend the useful life of existing facilities.

20. Improve the movement of goods and delivery of services throughout the City while balancing the needs of all users with a variety of travel modes.

21. Support planning for a fixed-route, inner-city public transit system as described in the Transit Element of the adopted Transp01iation System Plan.

C. Goal 12, Implementing Measures, is amended to read as follows:

• Implement access spacing standards and access management measures, consistent with the strategies in the adopted TSP, through the development process in order to maintain and/or improve traffic operations and safety along the mierial and collector roadways.

• Develop and implement a system for prioritizing pavement maintenance and stabilization.


• Street standards, including street trees, sidewalks, planting strips, and widths, shall be made flexible in the Land Use and Development Ordinance based upon local topographic conditions, traffic demands, and citizen input.

• Improvements at the Columbia Gorge Regional Airport shall be consistent with the adopted Airport Master Plan and implemented as funds are available.

• Maintain sufficient roadway width and turning radii to ensure safe passage of the motoring public while integrating with pedestrian and bicycle movement.

• The City shall maintain on-street parking, specifically in the downtown area, and review all landscaping and off-street parking site plans to ensure conformance with the Land Use Development Ordinance and the Comprehensive Plan.

• Provide pedestrian and bicycle access, consistent with the roadway design standards for City streets in the Transportation System Plan.

• A convenient and economic system of transpo1iation shall be encouraged to be provided for senior citizens, the disabled and other transp01iation-disadvantaged persons.

• Work with Mid-Columbia Council of Governments to determine optimal transit routes within The Dalles, and work collaboratively with the agency to explore and pursue funding sources to pay for a fixed-route transit system. Coordinate with Columbia Area Transit (CAT) to ensure that intercity bus service routes and schedules and the City's planned transit system are mutually supportive.

• Implement the standards and recommendations in The Dalles Transportation System Plan.

• Improve intersection operations throughout the downtown by measures including, but not limited to, coordinating traffic signals.

• Identify improvements to existing policies and standards that address street connectivity and spacing.

• Prioritize transpo1iation projects that provide the most benefit for their cost, consistent with existing standards and policies.

Implementing ordinances shall consider the following community desires:

• Integrating new arterial and collector streets into the existing City grid system.

• Pedestrian and bicycle needs should be considered in all public and private development and redevelopment.


• Intermodal access to neighborhood parks and neighborhood centers is needed.

• Additional commercial access to the east side of town is needed, either through the creation of business opportunities or by street improvements.

• Mixed use areas should be promoted to allow employment and shopping opportunities in residential areas, thereby reducing vehicular trips.

• The public streets in commercial areas should be developed and redeveloped with aesthetics and people in mind, providing street furniture and shade trees whenever feasible.

PASSED AND ADOPTED THIS lOTH DAY OF APRIL, 2017

Voting Yes, Councilors: -----------------------Voting No, Councilors: Absent, Councilors: Abstaining, Councilors:

AND APPROVED BY THE MAYOR THIS 10™ DAY OF APRIL, 2017.


Attest:





AGENDA STAFF REPORT

(541) 296-5481 FAX (541) 296-6906

AGENDA LOCATION: Contract Review Board Item #12-A



FROM: Dave Anderson, Public Works Director

ISSUE: Authorization to purchase asphalt for street maintenance projects

BACKGROUND: The Public Works Department solicits quotes from the two local asphalt suppliers twice annually, the first time in the spring for pricing through June 30 and the second time for pricing from July 1 through the fall. Hot mix asphalt is then purchased from the lowest cost supplier, considering distance from the project and associated hauling costs, that is available when projects are undertaken. There are several reasons that a plant may be unavailable when a project is undertaken - it could be committed to supplying another customer, it could be making a different asphalt mix than is needed for our project, it could be off-line for maintenance or repairs, it may only initiate operations for quantities greater than those used in a project, or it may not be open yet for the season or has closed for the winter.

The quotes received from the two local suppliers covering the first part of the 201 7 construction season through June 30111 were as follows.

Mix type Granite Construction Munsen Paving Oregon %" Dense Graded NA $59.00/ton Oregon Yz" Dense Graded, oil 6.0% NA $61.00/ton Oregon Yz" Dense Graded, oil 5.5% $57.00/ton $59.00/ton Oregon 3/g" Dense Graded $59.00/ton $60.00/ton

For FY 2016/17, $580,511 was budgeted in the Street Fund for purchases of asphalt. In addition, the Water and Wastewater Funds each budgeted $10,240 and $19,200 respectively for purchase of asphalt for patching of utility trench cuts. Thus far, $136,360 has been spent from the Street Fund leaving a balance of $444,151. The Water Fund has expended $3,094 leaving a balance of $7,146. The Wastewater Fund has expended $5,370 leaving a balance of $13,830.

Page I of2

Page 47 of 71

BUDGET IMPLICATIONS: If approved, it is projected that $444,151 will be spent from Fund 5, the Street Fund, budget lines 005-0500-000.60-87 and 005-0500-000.75-10, $5,370 from Fund 51, the Water Fund, budget line 051-5100-000.60-87, and $13,830 from Fund 55, the Wastewater Fund, budget line code 055-5500-000.60-87, to purchase hot-mix asphalt for street maintenance and trench patching projects between March 27 and June 30, 2017. There are adequate funds budgeted for these purposes.

COUNCIL ALTERNATIVES:

1. Staff recommendation: Move to authorize the purchase of hot-mix asphalt as needed for street maintenance from the lowest-cost supplier available at the time of the projects in an amount not to exceed $463,351.

2. Deny authorization to purchase the hot-mix asphalt and provide additional direction to staff.

Page 2 of2

Page 48 of 71



AGENDA STAFF REPORT

( 541) 296-5481 FAX (541) 296-6906

AGENDA LOCATION: Action Item #13-A


TO:

FROM:

ISSUE:


Dave Anderson, Public Works Director

Authorization to enter into a Cost Recovery Agreement with US Forest Service for studies in support of environmental permitting for the Dog River Pipeline Replacement Project

BACKGROUND: One of our largest and most important projects in the City's Water Capital Improvement Plan (CIP) is the replacement of the Dog River Diversion Pipeline. On November 14, 2016, City Council indicated its general support for entering into a Cost Recovery Agreement with the US Forest Service for the completion of additional studies in support of the environmental permitting process for the project; attached is a copy of the Agenda Staff Report from that meeting to provide background on this issue. These analyses are necessary to address public comments received about flows in Dog River downstream of the City's intake and potential effects of the project on Threatened and Endangered Species that may be present. The analyses will also be necessary to support the consultation that the Forest Service must conduct with NOAA Fisheries related to any environmental decisions.

The Forest Service has developed a scope of work for these studies, issued an RFP to its list of pre-qualified consultants, and received and is completing its evaluations of the three proposals received. It plans to finalize a Cost Recovery Agreement for the City's consideration early in the week of March 1 ?111 at which time copies of the proposed Cost Recovery Agreement will be distributed to Council for review prior the meeting. The information received thus far indicates that two of the three proposals received were fairly close in cost and near the lower end of the estimates provided to City Council in November.

17 Dog River Envir Analysis Page I of2

Page 49 of 71

BUDGET IMPLICATIONS: Within Fund 53, the Water Reserve Fund, line 053-5300-000.75-l 0, there is a total of $2,480,522 allocated in the cunent year for this project; the budget is on-track to have $4,000,000 in cash available for the project at time of design and construction. There are adequate funds budgeted for the project in the current year to pay for the additional studies though a Cost Recovery Agreement with the Forest Service if desired.


J. Staff Recommendation: Move to authorize the City Manager to sign the Cost Recovery Agreement with the US Forest Service for completion of studies needed in support of the environmental permitting/or the Dog River Diversion Pipeline Replacement Project.

2. Deny authorization of the Cost Recovery Agreement and direct staff to develop and issue an independent RFP for environmental consulting services to conduct the needed analyses.

17 Dog River Envir Analysis Page 2 of2

Page 50 of 71



AGENDA STAFF REPORT

AGENDA LOCATION: Discussion Item

( 541) 296-5481 FAX (541) 296-6906

MEETING DATE: November 14, 2016

TO:

FROM:

ISSUE:


Dave Anderson, Public Works Director

Update on status of environmental permitting for the Dog River Pipeline Replacement Project

BACKGROUND: One of our largest and most imp01iant projects in the City's Water Capital Improvement Plan (CIP) is the replacement of the Dog River Diversion Pipeline. A copy of the Budget Issue Paper #16-022 is attached to provide detailed background on the project. This rep01i will provide an update on the project including a description of additional permitting work that is needed, an update on anticipated associated permitting expenditures, and a revised project schedule.

The Forest Service conducted public scoping for the project in April/May 2016. Due to the substance of some of the public comments received through that process, additional environmental analyses will need to be conducted as part of the permitting process. These analyses are necessary to address the comments received about flows in Dog River downstream of the City's intake and potential affects of the project on Threatened and Endangered Species that may be present. The analyses will also be necessary to support the consultation that the Forest Service must conduct with NOAA Fisheries related to any environmental decisions. The Forest Service does not have the staff resources to do the additional analyses in-house, nor does the City have the expe1iise on staff to do so. However, the Forest Service does have a contracting method available to them to hire pre-approved specialists to do the work and the City would need to reimburse the Forest Service for this work through a new Cost Recovery Agreement. This process can be initiated fairly quickly and would minimize delays to the project schedule when compared to the alternative of the City developing a scope of work, issuing an RFP and awarding a contract, and then working as the middle-man to coordinate communications and study review between a consultant and the Forest Service. Working with preapproved Forest Service consultants would help ensure an efficient project in that the

16 Dog River Update and Needed Analyses Page I of3

Page 51 of 71

consultants are experienced in working with the Forest Service and conducting the required analyses using the methodologies appropriate to federal agency standards. It seems likely that the City would have to pay about the same amount as the Forest Service to hire these specialists if we issued our own contract and we may spend more money trying to finalize the product to meet federal requirements and needs.

To utilize the Forest Service contracting method, they need to develop a scope of work specific to the Dog River Pipeline project. They would then solicit quotations from their list of approved specialists. The catch is that to formally solicit quotations, their rules require that the funding be committed in advance. It would be difficult for the City to commit funding without knowing how much money would be required. To get around this challenge, the Forest Service is proposing to conduct a "pre-solicitation" to get a good estimate of costs; these pre-solicitation "bids" would be good for 60 days. They would be willing to initiate this pre-solicitation process if the Council is supportive of the concept, understanding that actual approval of the ultimate Cost Recovery Agreement with identified costs would require future Council action.

In an attempt to help understand the potential costs involved, Forest Service staff has reviewed the costs of some recent similar work they have undertaken. Some of that information indicates that the costs for the needed analyses may be around $45,000 per study; two additional studies are needed, one for stream flows and one for T &E Species. That would mean that about $90,000 may be needed for the contracted specialists to conduct the needed analyses. There is also information from other work the Forest Service has completed that indicates these costs may be 50% - 100% low; the costs could be closer to $180,000 for the studies. The Cost Recovery Agreement would also include expenses to cover the time that Forest Service staff will need to spend reviewing the studies and providing feedback to the specialists, as well as time needed for consultations with NOAA Fisheries.

While these potential costs are higher than we were hoping to have to spend, City staff does not believe that issuing an independent contract is a better option. The project team (including both City and Forest Service staff) believes that the project will be best served using the Forest Service contracting option. This method will be better able to effectively manage the scope of work, deliver the analyses faster, and we believe that the findings will be better able to be defended by the federal agencies if they are challenged.

It may also be helpful to review the recent experiences from City of Bend as they sought to permit a new pipeline on Forest Service properties. They originally estimated $250,000 for the environmental permitting but ended up spending over $800,000 on pe1mitting support and $500,000 in legal fees defending the permit they received. To date, we have committed less than $76,000 to the Forest Service for permitting effo1is. By utilizing the Forest Service contracting option, we hope to conduct a series of analyses robust enough to supp01i consultation with NOAA Fisheries and withstand potential challenges.

With the need to conduct these additional analyses and consult with NOAA Fisheries, the schedule for obtaining an environmental decision has slipped to about June 2017. If the decision is not challenged, the City could issue an RFP for design of the pipeline in the summer of 2017, complete the design in the fall and early winter of 2017, and hopefully

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bid the project soon enough for construction to begin in the 2018 construction season.

BUDGET IMPLICATIONS: Within Fund 53, the Water Reserve Fund, line 053-5300-000. 75-10, there is a total of $2,480,522 allocated in the current year for this project; the budget is on-track to have $4,000,000 in cash available for the project at time of design and construction. There are adequate funds budgeted for the project in the cunent year to pay for the additional studies though a Cost Recovery Agreement with the Forest Service if desired.


1. Staff Recommendation: No formal action is required at this time. However, staff is seeking direction from Council to proceed with the Forest Service contracting option.

2. Direct staff to develop and issue an independent RFP for environmental consulting services to conduct the needed analyses.

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(541) 296-5481 FAX (541) 296-6906

BUDGET ISSUE PAPER CITY OF THE DALLES

BUDGET YEAR DEP ARTMENT(S) BUDGET DOCUMENT AFFECTED AFFECTED REFERENCE NUMBER

FY 16-17 Public Works - Water 16-022

TO: City of The Dalles Budget Committee


THRU: Julie Krueger, City Manager

DATE: April 7, 2016

ISSUE: Status Report on Dog River Waterline/Crow Creek Dam

RELATED COUNCIL GOAL: A-3: Initiate design work and pursue grant/loan financing for the Dog River waterline replacement and the Crow Creek Dam increasing capacity proposals; and then implement an approved plan.

RELATED FUND AND LINE ITEM: Fund 53, Line 053-5300-510.76-20 Water Lines

BACKGROUND: Dog River Diversion Pipeline An important project within the City's adopted Water System Capital Improvement Plan (CIP) is the replacement of the Dog River Diversion Pipeline. This wooden pipeline, which is located on US Forest Service property, is over 100 years old and in deteriorating condition. Numerous leaks exist along the pipeline and it is extremely vulnerable to catastrophic failure from uprooting of adjacent trees, many of which are diseased. The pipeline currently supplies over one-half of the City's annual water supply.

Staff has been working for many years, under the direction of various Councils, toward the replacement of the pipeline. In the mid- l 990s, staff began working with the Forest Service to plan for the eventual replacement pipeline. The need for the project was identified in the Forest Service's 1997 Surveyors Ridge LSR Assessment (LSR stands for Late Successional Reserve) which indicated a construction date as early as 1998; the project was postponed due to funding.

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The project was again identified and analyzed in the 2006 update of the City's Water Master Plan. The process of updating the master plan utilized the services of a public advisory committee which recommended expansion of the City's watershed supply sources to meet future municipal water needs, including replacement of the Dog River Pipeline. The updated master plan also provided a water utility rate schedule intended to fund the water system capital improvement plan (CIP); this rate schedule provided the first increases to residential water rates in 12 years. The CIP identified that the Dog River Pipeline replacement project was to occur in 2011/12.

With the adoption of the updated Water Master Plan, associated CIP, and water utility rate schedule, staff renewed effo1is with the Forest Service to complete the environmental permitting necessary for the project. In 2008, the City entered into a Cost Recovery Agreement with the Forest Service for completion of the necessary surveys and analyses (including fisheries, wildlife, recreation, soils, cultural resources, and fire) to support a decision compliant with the National Environmental Policy Act (NEPA). This Cost Recovery Agreement was for $63,401.

Also in 2008, the City was notified that it needed to submit a formal Proposed Action for the Forest Service to analyze and upon which it could provide a NEPA decision. The engineering firm of Brown and Caldwell was hired by the City to conduct a pipeline routing study, develop and analyze project alternatives, and prepare the Proposed Action document that was submitted to the Forest Service in 2010 and which indicated a desired construction date of 2012. That analysis evaluated the feasibility of different pipeline materials, routing, tunneling and power generation - ultimately selecting the lowest cost alternative of replacing the pipeline along the existing route using ductile iron pipe with no power generation capabilities. In addition, slope stability and soils c01Tosivity analyses have been completed. Contractual surveying for spotted owls within the project area was initiated in 2010 and continues annually to this day.

In 2011, the City re-evaluated its water system CIP and rates. Based on information from the Forest Service that a NEPA decision would be valid for, at most, 5 years, the Dog River Pipeline project was delayed until 2016/17 in an updated CIP to allow more time to build funding. In hind sight, this may not have strategically been a good move for getting the NEPA analysis completed on the previously-desired schedule. At that same time, the Forest Service was struggling with limited staff resources and competing project needs. Once they learned that the City had delayed the project, they postponed the associated environmental surveys and assigned staff to other projects. Only within the last two years have we gotten this project back on track.

The Forest Service has now placed a high priority on the Dog River Pipeline project and assigned staff toward its completion. Field surveys have been scheduled and public scoping was re-initiated in March 2016 (the required process has changed since scoping was originally done in 2011). The current schedule anticipates a NEPA decision in 2016. An additional expenditure of $12,244 toward the Cost Recovery Agreement was paid to the Forest Service last year. This is still an exceptional value, at a projected total of $75,645. For comparison, prior to authorizing the additional $12,244, staff contacted an engineering fom to obtain a cost estimate to complete the necessary surveys and analysis; their estimate was that it would cost between $75,000 and $100,000. The City of Bend has been working on a very similar project- replacing a raw water pipeline across Forest Service prope1iy. They originally estimated $250,000 for the NEPA permitting but ended up spending over $800,000 on permitting suppmi and $500,000 in legal fees defending the permit they received.

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Once a NEPA decision is received and any required mitigation measures are specified, the project will be designed by contracted engineers selected through an RFP process; that design engineering could begin as early as Winter 2016 with construction to follow in 2017-2019.

The total cost of the Dog River Pipeline project is about $8 million. The original funding plan developed in 2006 anticipated issuing a bond to fund all or paii of the project in 2017. Current budget projections indicate that about $4 million will be available as cash in the Water Reserve Fund (Fund 53) at the time of construction. That means that about $4 million more will be needed to complete the project. As an alternative to bonded debt, staff has submitted applications this year to two potential funding sources for the additional monies.

The first application was submitted in January to the Oregon Water Resources Depaiiment Water Supply Development Account. The funds available through this program are state monies available as grants. A total of $14 million is available statewide in this competitive program. In this first year of existence, the program received 3 7 applications requesting a total of 51 million. We should know in May 2016 if we were successful in this grant application.

The second application was a Letter of Interest that was submitted in March to the Oregon Health Authority Drinking Water Program for Safe Drinking Water Revolving Loan Funds. These funds are federal monies that come with additional federal requirements. They are usually awarded as low-interest loans (60% of market rate) with some opportunities for partial principal forgiveness in ce1iain circumstances. If a project qualifies, which is determined by US EPA from the Letter of Interest, funding is nearly ce1iain as there is much less competition for these loans than there is for grant funding. If only low-interest loans are awarded, the annual savings would be around $100,000/year or more in interest payments compared to issuing a bond.

Crow Creek Dam Another project identified in the 1990s and again through the 2006 Water Master Plan update process was the future increase in capacity of Crow Creek Dam. In 1996 a feasibility analysis was completed for the project that would increase the height of the dam by 35 feet and increase its capacity from 267 million gallons to 640 million gallons. Water rights for the expansion were applied for in 1999 and have been obtained for the project. Recently, those water rights were extended until 2021.

The current dam is located on City-owned prope1iy while the spillway is located on Forest Service prope1iy. The reservoir is sited almost 50-50 on City and Forest Service lands. It is believed that any future increase in the size of the dam and reservoir would be much easier if the City owned all the lands on which the enlarged dam and reservoir would be located. Therefore, there have been intermittent efforts over the last 20 years to pursue a land exchange with the Forest Service to acquire those properties in exchange for upland properties that the City currently owns. Land exchanges are very difficult and poorly-understood processes; answers to questions are difficult to obtain. The exchange came the closest to completion in 2008 at which time a disparity in values (the Forest Service prope1iy had a lot more timber value than did the City's and the City didn't have the cash available to make up the difference) and issues around wetlands prevented completion. Now the required process has changed again and the land exchange effort is currently on hold.

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Climate Change Resiliency These two projects taken together, the Dog River Pipeline Replacement project and the enhancement of Crow Creek Dam, are the City's best opp01iunities to provide as much climate change resiliency to the City's water supplies as possible. The Dog River Pipeline project will allow continued utilization of accumulated snow pack and precipitation from the highest elevations available to the City. And enlargement of Crow Creek Dam will capture and impound greater volumes of water for use throughout longer summer periods as climate patterns may evolve to provide more of the annual precipitation as rain rather than snow in the future.

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AGENDA STAFF REPORT

AGENDA LOCATION: Action Item #13-B

(541) 296-5481 FAX (541) 296-6906


TO:

FROM:

ISSUE:


Gene Parker, City Attorney

Adoption of Special Ordinance No. 17-575 Granting a NonExclusive Franchise and Right to Zayo Group, LLC to Construct, Operate and Maintain a Fiber-Based Service Facility, and Declaring an Emergency

BACKGROUND: Several months ago, Zayo Group, LLC ("Zayo") contacted City staff requesting that the City consider granting a franchise for the installation of a fiber-based service facility in The Dalles. Zayo has provided a map showing the location of the fiber-based conduit which will start on the west side of the City and continue to the east side. Enclosed with this staff report is proposed Special Ordinance No. 17-575 to grant the request for a franchise. This franchise includes the same provisions which were included in a recent franchise granted to LSN Networks. The franchise ordinance proposed for Zayo includes an emergency clause, which was included at the request of Zayo, as they desire to get their fiber system installed in a portion of West 6th Street, which is scheduled to undergo reconstruction in the first part of May.

The proposed franchise for Zayo sets the franchise fee at 7% of their gross income. In reviewing other franchise agreements between Zayo and other cities, the City learned that one city drafted the franchise fee to be calculated at the rate of 6% of gross income, or a minimum of $3,000 annually, whichever amount was greater. In conversations with representatives from Zayo, they project that, based upon revenue to be received from their expected initial customers; the amount of the franchise fee would exceed a minimum of $3,000. The Zayo representatives requested that they be treated in the same manner as other telecommunications companies who have franchises with the City. Since the City has set the franchise fee at 7% of gross income for other telecommunication franchises, staff believes that the ordinance with Zayo should establish the franchise fee at 7% of gross income.

Notice of adoption of the proposed ordinance has been posted in accordance with the City Charter, and the ordinance can be adopted by title only.

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BUDGET IMPLICATIONS: At this time, staff does not know exactly how much the franchise fee to be collected from Zayo will be. As noted above, it is anticipated the amount should exceed the sum of $3,000 during the initial part of the franchise term.


1. Staff recommendation: Move to adopt Special Ordinance No. 17-575 by title only.

2. If the Council desires to amend any language in the proposed ordinance, it should identify that language. If the proposed amendments do not substantively change the ordinance and are agreeable to Zayo, the Council can have the amended language read in full, and then move to adopt the ordinance as amended by title only. If the proposed changes require further negotiation with Zayo, the staff can discuss the requested changes with Zayo and then bring the amended ordinance back to the Council at a future meeting.

ASRSpecialOrdinancel 7-575.doc- Special Ordinance No. 17-575 Page 2 of2

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SPECIAL ORDINANCE NO. 17-575

AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE AND RIGHT TO ZAYO GROUP, LLC, TO CONSTRUCT, OPERATE AND MAINTAIN A FIBER-BASED SERVICE FACILITY; TO OCCUPY CITY RIGHTS OF WAY AND PROVIDE FIBER

BASED SERVICES IN THE CITY OF THE DALLES; AND DECLARING AN EMERGENCY

WHEREAS, the City of The Dalles has determined that the financial, legal, and technical ability of Zayo Group, LLC is reasonably sufficient to provide fiber-based services, facilities, and equipment necessary to meet the telecommunications needs of the community;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THE DALLES ORDAINS AS FOLLOWS:

Section 1. Definitions. A. Rights-of-Way: The present and future streets, viaducts, elevated roadways, alleys,

public highways and avenues in the City, including Rights-of-Way held in fee, or by virtue of an easement or dedication.

B. "Facilities" or "Fiber-based Service Facilities" means the conduits, cables, equipment, appliances, poles, wires, fibers, fixtures, underground lines, manholes and appurtenances thereto, including other technical facilities or buildings necessary for the purpose of providing fiber-based voice, video and data services.

Section 2. Franchise Granted. A. There is hereby granted by the City of The Dalles, hereinafter referred to as "City," to

Zayo Group, LLC, a Delaware limited liability company, hereinafter referred to as "Grantee", their successors and assigns, hereinafter each referred to as "Franchisee," the nonexclusive right and privilege to place, erect, lay, maintain and operate in, upon, over and under streets, alleys, avenues, thoroughfares and public highways, places and grounds within the City, conduit and fiber optic cable for the purpose of providing fiber-based voice, video and data services. Such conduit and fiber optic cable may be laid underground by the Franchisee, its successors and assigns.

B. The scope of this grant allows the installation, maintenance and repair of the conduit and fiber optic cable installed by Grantee in the City's rights-of-way to provide fiber-based voice, video and data services. In the event the Grantee intends to provide services other than fiberbased voice, video and data services, Grantee shall be required to obtain an additional or revised franchise from the City to the extent required by law.

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C. Notwithstanding the foregoing, the City Manager or his/her designee shall have the authority to designate which public ways will be used and the location of the conduit and fiber optic cable within the public way as may be reasonably necessary to minimize public

inconvenience.

Section 3. Excavations and Construction; Relocation of Facilities. A. It shall be lawful for Franchisee to make all needful excavations in any street, alley,

avenue, thoroughfare, public utility easement and public highway, in the City where excavation has been authorized for the purpose of placing conduit and fiber optic cable, or repairing, renewing or replacing the same. A "Public utility easement" means the space in, upon, above, along, across, over, or under an easement for the constructing, reconstructing, operating, maintaining, inspecting, and repairing of utility facilities. A "Public utility easement" does not include an easement solely for the constructing, reconstructing, operating, maintaining, inspecting, and repairing of City facilities, or where the proposed use by the utility operator is inconsistent with the terms of any easement granted to the City. The authority granted in this section shall apply only to the extent of the City's right, title, interest or authority to grant a franchise to occupy and use such spaces for Franchisee's telecommunications facilities. Said work shall be done in compliance with state and federal Jaws, as well as local rules, regulations, ordinances or orders, which may during the continuance of this Franchise be amended from time to time by the City.

B. Franchisee shall obtain from the City all applicable permits, which will require plan submittal, approval, and the payment of fees before work begins. The Franchisee shall file with the City maps showing the location of any construction, extension, or relocation or any of the facilities of the Franchisee and shall obtain the City's approval of the location and plans prior to the commencement of the work. All Fiber-based Service Facilities installed by the Franchisee within the City shall be so located as to cause minimum interference with the proper use of streets, bridges, and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the streets, bridges, or other public ways or places. Except as provided herein, if the removal or relocation of Fiberbased Service Facilities is caused directly by an identifiable development of property and the removal of such Facilities occurs within the area to be developed, is made for the convenience of a customer, Franchisee may charge the expense of removal or relocation to the developer or customer. Franchisee shall be solely responsible for enforcing collection from the developer or customer. If the removal or relocation of Facilities results from the City's request, the Franchisee shall receive 120 days written notice from the City, and such notice will indicate the basis for such removal or relocation being either from the necessity of the (i) construction, repair, maintenance, installation of any City or other public improvement in or upon the City's public Right-of-Way; (ii) operations of the City or other governmental entity in or upon the public Right-of-Way, or (iii) public interest. In such case, Franchisee will remove or relocate its Facilities at Franchisee's expense.

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C. Unless approved by the City, no newly overlaid street or newly constructed street shall be excavated by the Franchisee for a period of ten years from the time of completion of the street overlay or the street constructed. In the event that moling, boring, or shoulder work are not feasible to repair a system failure or construct system improvements, at Franchisee's request, the City will consider approval of a street cut prior to the ten (10) year moratorium described in this

section.

D. When any excavation is made by the Franchisee, the Franchisee shall promptly restore the affected portion of the street, bridge, easement area, or public place to the reasonably same or better condition in which it was prior to the excavation. The restoration shall be done in compliance with City specifications, requirements, and regulations in effect at the time of such restoration. If the Franchisee fails to restore promptly the affected portion of the street, bridge, easement area, or public place to the same condition in which it was prior to the excavation, the City may make the restoration; and the reasonable costs of making the restoration, including the cost of inspection, supervision, and administration shall be paid by the Franchisee.

Section 4. Construction and Performance Bond. Prior to the commencement of any construction work by the Franchisee, the Franchisee

shall file both a construction and performance bond in an amount approved by the City in favor of the City and any other person who may suffer damages as a result of the breach of any duty by the Franchisee assured by such bond. Such bond as contemplated herein shall be in a form approved by the City and shall, among other matters, cover the cost of removal of any property of Franchisee. In no event shall the amount of said bond be construed to limit the liability of the Franchisee for damages. The City, at its sole option, may waive this requirement, or permit the consolidation of the construction bond with the performance bond. The Franchisee, pursuant to this chapter, shall also maintain in full force and effect public liability insurance in an amount specified by the City, see Section 14.

Section 5. Improvements - Utility Obstruction Prohibited. The City reserves the right to construct, install, maintain, and operate any public

improvement, work or facility, to do any work that the City may find desirable on, over, or under any street, bridge or public place, and to vacate, alter or close any street, bridge or public place. Nothing in this chapter shall be construed in any way to prevent the proper authorities of the City from installing sanitary sewer or storm sewer facilities, providing water service, grading, planking, rocking, paving, repairing, altering, or improving any of the streets, alleys, avenues, thoroughfares, and public highways, places and grounds within the City in or upon which the Fiber-based Service Facilities of Franchisee shall be placed, but all such work or improvements shall be done if possible so as not to obstruct or prevent the free use of said Facilities, and the

moving of the Franchisee's Facilities, where required due to such work by the City, will be done by Franchisee within 120 days of notice by the City without cost to the City. The Franchisee shall furnish maps or drawings to the City or contractor, as the case may be, showing the approximate location of all its conduits or fiber optic cable in the area involved in such proposed work.


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Section 6. Emergency Removal and Alternate Routing of Facilities. If, at any time, in case of fire, disaster, or other threat to public safety in the franchise

territory, it shall become necessary in the reasonable judgment of the City to cut or move any of

the Fiber-based Service Facilities installed by the Franchisee, such cutting or moving may be

done. Any repairs rendered necessary thereby shall be made by the Franchisee, at its sole

expense, provided that such repairs are not necessitated by a negligent act of the City, in which

case costs for repairs shall be borne by the City.

Section 7. Compliance with Laws, Rules and Regulations. At all times during the term of this franchise, Franchisee shall comply with all applicable

laws, ordinances, rules and regulations of the United States of America, the State of Oregon, and

the City of The Dalles, including all agencies and subdivisions thereof. Franchisee shall be

subject to the lawful exercise of the police power of the City of The Dalles and to such reasonable

regulations of general applicability as the City may from time to time hereafter, by resolution or

ordinance, provide insofar as such regulations or ordinances do not materially alter or impair the

express provisions of this Franchise. No provision of this Franchise shall be construed as a waiver

of local, state or federal law, or as a limit of liability. Franchisee shall at all times keep and

maintain all of its Fiber-based Service Facilities in a good state of repair and shall at all times

conduct its operations under this Franchise, including installation, construction or maintenance of

its facilities, in a safe and workmanlike manner so as not to present a danger to the public or the

City. The location, construction, extension, installation, maintenance, removal and relocation of

the Facilities of the Franchisee shall conform to the requirements of the State and Federal statutes

and regulations adopted pursuant thereto in force at the time of such work, and such reasonable

specifications in force at the time of such work, as the City may from time to time adopt. All

installations, re-arrangements, removals, lowering or raising of the Fiber-based Service Facilities

shall be done in conformance with the requirements of the National Electric Safety Code, the

laws of the State of Oregon and the ordinances of the City. The City may provide such

specifications relating thereto as may be necessary or convenient for public safety or the orderly

development of the City. The City may amend and add to such specifications from time to time.

Section 8. Sale of Subscriber Lists Prohibited. The Franchisee shall not sell, or otherwise make available, any list which identifies

subscribers by name or address, to any person, agency or entity, except as needed to maintain

current services or implement new services to subscribers in connection with Franchisee's services.

Section 9. Payment, Franchise Term. Effective April 10, 2017 and until the Franchise's expiration, which is April 10, 2027,

Franchisee shall pay to the City qua1terly, as specified below, 7% percent of gross revenues as

defined below. This Franchise shall be automatically extended for an additional term of five (5)

years from the expiration date set fotth in this Section, unless either patty notifies the other in

writing of its desire to not exercise this automatic extension at least three (3) years before the expiration of this Franchise.


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A. Payment of Franchise Fees. Payments due under this provision shall be computed and paid quarterly for the preceding quaiter, as of March 31, June 30, September 30, and December 31, each quarterly payment due and payable no later than 30 days after such dates. This Franchise Fee shall be deposited in the U.S. Mail, postage prepaid addressed to the Finance Director of the City and postmarked on the due date described herein.

B. If a payment is not mailed or sent electronically within 30 days of the due date set forth above, the payment shall be deemed delinquent and shall accrue a late fee of 9% interest per annum until collected.

C. "Gross Revenues" mean any revenue derived by the Franchisee from the provision of

fiber-based voice, video and data services, consistent with federal and state law. However, such phrase shall not include: (I) any tax, fee or assessment of general applicability imposed on customers and collected by the Franchisee from customers for pass-through to a government agency,; and (2) unrecovered bad debt; (Franchisee shall repo11 Gross Revenues to the City using the accrual method of accounting, and maintain its books and records consistent with Generally Accepted Accounting Principles ("GAAP"). Nothing in this Section shall impair the City's ability to challenge Franchisee's interpretation of GAAP.

Section 10. Abandonment. If the Franchisee goes out of business or withdraws service from the area and as a

consequence refuses to renew the Franchise, or abandons all or any portion of its Fiber-based Service Facilities, unless the City gives written permission to the Franchisee to abandon in place, all Fiber-based Service Facilities installed or used by Franchisee under this Franchise shall be removed by Franchisee at Franchisee's expense and the public right-of-way upon which the Facilities were installed shall be restored by Franchisee at its expense to the condition it was in

before installation. Until such time as Franchisee removes the Facilities or po11ion thereof, or the rights to and responsibility for the Facilities are accepted by another person having authority to construct and maintain such Facilities, Franchisee shall be responsible for all necessary repairs and relocations of the Facilities, in the same manner and degree as if the Facilities were in active use, and Franchisee shall retain all liability for the same. In the alternative, the City may elect to take ownership and control of the abandoned facilities and equipment, in which case the City shall have all rights to the use of the facilities and equipment and may sell, lease or otherwise use the facilities and equipment at its sole discretion.

Section 11. Other Fees and Charges. Nothing in this chapter shall give the Franchisee any credit against any business tax or

business license fee, or any ad valorem property tax now or hereafter levied against real property or personal prope11y within the City, or against any local improvement assessments levied on the Franchisee's property.


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Section 12. Reporting of Funds. With each Franchise Fee payment, the Franchisee shall furnish a sworn statement or

declaration under oath from the Chief Finance Officer or designee, setting forth the amount and calculation of the payment. The statement shall detail the calculation of the Franchise Fee paid,

and shall specify the nature and amount of all exclusions and deductions from such revenue claimed by the Franchisee in calculating the Franchise Fee. The City Manager of the City may

require the Franchisee to provide any additional information reasonably necessary for

administration of the Franchise Fee. The Franchisee shall keep available and open to inspection

by the City Manager of the City, all accounts, books, and other records reasonably necessary for asce11aining the Franchise Fee. Franchisee shall provide any additional information requested by

the City within 48 hours of any such request delivered to Franchise, to be produced at The Dalles

City Hall, office of the City Manager, during regular office hours. In the event that an audit of the Franchise Fee payments results in a determination that an additional payment is due to the City,

such additional payment shall be subject to interest at the rate of 9% percent per annum from the date the original payment was due. If the additional payment amount exceeds five percent (5%) of

the amount reported, Franchisee shall reimburse City for all audit costs.

Section 13. Indemnification and Insurance Requirements. A. Franchisee shall pay, save harmless, defend and indemnify the City from any loss or

claim against the City on account of, or in connection with, any activity of Franchisee in the

construction, operation, or maintenance of its Facilities. The Franchisee will not be required to indemnify the City for the negligent or willful misconduct of the City or its officials, boards,

commissions, agents or employees.

B. The Franchisee shall, for the purposes of carrying out the provisions of this section, prior

to commencing construction of any kind, have in full force and effect, and file and maintain during the term of the Franchise Certificate of Insurance evidence thereto with the City Attorney, good and sufficient policies covering:

1) Worker's Compensation Insurance as required by the State of Oregon

including Employers Liability with limits not less than $1,000,000; Franchisee shall ensure that each of its sub-contractors complies with these

same requirements and shall contain a Waiver of Subrogation against the City: and

2) Commercial General Liability Insurance with limits of at least $5,000,000 per occurrence and $5,000,000 general aggregate, with the aggregate on a Per Project basis; and

3) Business Automobile Liability Insurance, for any owned, hired or non-owned

vehicles used in the performance of this agreement with combined single limits of $1,000,000 each accident.


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C. The City of The Dalles, its officers, agents, and employees, shall be named an Additional Insured in said policy for losses caused in whole or in part by reason of the exercise of the rights

and privileges herein granted.

D. Upon any material alteration or cancellation of any of the coverage, the Franchisee shall give the City notice as allowed per insured's insurance policy in advance of the effective date of

the alteration or cancellation of the coverage.

E. Each policy, Commercial General Liability, Auto Liability and Workers' Compensation, shall contain a waiver of subrogation against the City.

Section 14. Continuation. The rights, privileges and franchise herein granted shall continue and be in force until

April 10, 2027, except that it is understood and agreed that either party may at any time terminate or renegotiate this agreement upon six months' notice in writing.

Section 15. Forfeiture and Remedies. In addition to any other rights set out elsewhere in this Franchise, the City reserves the

right to declare a forfeiture of the Franchise, subject to 45 day right to cure, and all of the Franchisee's rights arising thereunder in the event that Franchisee violates any material provision of the Franchise including, but not limited to, failing to pay or any suspension of Franchisee's payments of Franchise Fees to the City under this Franchise, failure by Franchisee to submit timely repotts regarding the calculation of its Gross Revenues-based Franchise Fees to the City, failure to maintain the liability insurance and/or bonds required under this Franchise, or failure to comply with all other state, federal or local laws as set fotth in this Franchise. All remedies and penalties under this chapter, including termination of the Franchise, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other such remedy or penalty. The remedies and penalties contained in this chapter, including termination of the Franchise, are not exclusive, and the City reserves the right to enforce the penal provisions of any ordinance or resolution and to avail itself of any and all remedies available at law or in equity. Failure to enforce shall not be construed as a waiver of a breach of any term, condition or obligation imposed upon the Franchisee by, or pursuant to, this Ordinance. A specific waiver of a particular breach of any term, condition or obligation imposed upon the Franchisee by, or pursuant to, this chapter or acceptance of any payment due shall not be waiver of any other or subsequent or future breach of the same or of any other term, condition or obligation itself.

Section 16. Bonds and Other Surety. Except as expressly provided herein in Section 4, Franchisee shall not be required to

obtain or maintain bonds or other surety as a condition of being awarded the Franchise or continuing its existence at the time this Franchise is granted. The City acknowledges that the legal, financial, and technical qualifications of Franchisee are sufficient to afford compliance with the terms of the Franchise and the enforcement thereof. In the event that an additional bond or surety is required in the future, the City agrees to give the Franchisee at least ninety (90) days


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prior written notice thereof stating the exact reason for the requirement and the amount. Such reason must demonstrate a change in the Franchisee's legal, financial, or technical qualifications that would materially prohibit or impair its ability to comply with the terms of the Franchise or

afford compliance therewith.

Section 17. Severability. In the event any of the provisions of this Franchise are deemed to be void, invalid or

unenforceable, that provision shall be severed from the remainder of this Franchise so as not to cause the invalidity or unenforceability of the remainder of this Franchise. All remaining provisions of this Franchise shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope and breadth, such provisions shall be deemed valid to the extent

of the scope and breadth permitted by law.

Section 18. Successors and Assigns. This Franchise is binding upon and will inure to the benefit of all parties hereto, their

respective heirs, legal representatives, successors and assigns. Franchisee, however, shall not make any assignment without the written consent of the City, and any assignment made without the City's consent shall be null and void; provided, however, that nothing in this Franchise requires the City's consent for any sale, lease, mortgage, assignment, merger, or other transfer to entities that control, are controlled by, or under the common control of the Franchisee.

Section 19. Franchise Nonexclusive. This Franchise is not exclusive and shall not be construed as a limitation on the City in

granting rights, privileges and authority to other persons similar to, or different from, those granted by this chapter, or in constructing, installing, maintaining or operating any City-owned public utility. In the event the City enters into a Franchise, permit, license, authorization, or other agreement of any kind with any other person or entity other than Franchisee to enter into the City's streets and public ways for the purpose of providing Fiber-based Services including voice, video and data services, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.

Section 20. Acceptance and Effective Date. The Franchisee shall, within 30 days from the date the City Council passes an ordinance

approving this Franchise, file with the City its written unconditional acceptance of this Franchise. This Franchise shall be effective as of April 10, 2017, provided that Franchisee provides the City with its written unconditional acceptance as required in this Section. In the event the Franchisee fails to do so, this ordinance shall be void. The initial term of this Franchise shall expire ten (10) years from the Effective Date defined herein, unless extended in accordance with Section 9 of this Franchise or by mutual agreement of the parties.

Section 21. Emergency. Whereas, the City has notified Franchisee that it intends to engage in the reconstruction

of a portion of West 611i Street beginning in May, 2017, which po11ion of public right-of-way is

included in the proposed route for construction of fiber optic cable by the Franchisee; and


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Whereas Franchisee desires to have installation of its fiber optic cable completed in the portion of West 6th Street which it be improved by the City, prior to the City's commencement of its work on West 6th Street;

NOW, THEREFORE, an emergency is declared to exist, and this ordinance shall go into full force and effect immediately upon its passage and approval.

PASSED AND ADOPTED THIS 1011' DAY OF APRIL, 2017.

Voting, Yes, Councilors: ___________________ _ Voting No, Councilors: Absent, Councilors: Abstaining, Councilors:

AND APPROVED BY THE MAYOR THIS 10th DAY OF APRIL, 2017.


ATTEST:



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City of The Dalles City Clerk 313 Court Street The Dalles, OR 97058

ACCEPTANCE

This is to advise the City of The Dalles, Oregon (the "City") that Zayo Group, LLC (the "Grantee") hereby accepts the terms and provisions of Special Ordinance No. 17-575 passed by The Dalles City Council on April 10, 2017 (the "Franchise") granting a Franchise for ten (l 0) years to Grantee. The Grantee agrees to abide by each and every term of the Franchise, and shall become effective upon acceptance of said agreement by Zayo Group, LLC (the "Grantee").

BY (Name)

TITLE

DATE

This Acceptance was received by the City of The Dalles on , 2017. ~~~~~~~~~~

City Clerk

Special Ordinance No. 17-575 Page IO of IO

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AGENDA STAFF REPORT

AGENDA LOCATION: Action Item# 13-C

( 541) 296-5481 FAX (541) 296-6906




ISSUE: Maintenance work on West ?111 Street

SYNOPSIS: West ?111 Street, between Snipes and My1ile, experienced significant deterioration this last winter and the work needed to repair it is beyond crack sealing or chip sealing. Staff had developed a proposed rehabilitation project that was presented to Council in a memo dated March 3, 2017. After reviewing the information presented in that memo, staff was directed to develop alternatives to the proposed rehabilitation project.

The failed surface on West ?111 Street was 1 Yz - 2 inches of asphalt on native soil with a chip seal over it; there is no base under the road. If this street were to be fully reconstructed to current standards, with 7 inches of base rock, 2 inches of finish rock, and 4 inches of asphalt, the estimated cost would have been $86,307.

In the memo, staff proposed a level of maintenance to this section of street that was less than a full reconstruct but higher-than-minimal in an effort to produce a longer-lasting roadway that now supp01is residential areas, movie theaters and a new motel and is proposed to support a new youth center. The originally proposed rehabilitation project planned to grind up the remaining surface with our Asphalt Zipper, add 4 inches of asphalt grindings topped with 2 inches of fine rock, and then treat that "base" with dry cement to serve as a binder; the grindings and fine rock are materials that are currently available to the City free of charge. A slight crown was to be built into this flat street to improve drainage onto open shoulders. The street would have then repaved the street with 4 inches of asphalt which is the City standard for a Collector street. To help minimize near-term street cuts and ensure a long life to the street, City Wastewater Collection crews were going to install a sewer service from the main in West ?111 Street to the property line for the proposed youth center, and Chenowith PUD had been invited to install a water service line across the street for the youth center that could be connected in the future. It is believed that future stormwater collection piping could be constructed to

17 W 7'11 St Maintenance Page I of2

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the youth center in the shoulder along the paved street. The estimated cost of the street project was about $75,000.

One lower-cost alternative approach to the project would be to grind the existing street surface with the Asphalt Zipper, construct a base using the grindings that are free of charge as originally proposed, but eliminate the use of any dry cement in the construction of the base and purchase finish rock (2 inches) to bind the base together. And, while it deviates from City standards, since this is a lower-traffic Collector street, we could reduce the thickness of the asphalt from 4 inches to 3 inches. The estimated cost of this alternative would be $52,810.

A second, even lower-cost alternative would be the same as the first alternative, except to use 2 inches of asphalt. The estimated cost of this alternative would be $3 7 ,314. This alternative may provide a very sh01i service life if the youth center develops and the street experiences the associated increase in traffic volumes.

An overlay of asphalt is not recommended for this section of street due to the amount of deterioration that has occurred. The existing chip seal over asphalt surface is severely broken in several areas, and these areas will continue to move under any new pavement since they can't be properly compacted and secured in place. This movement will likely cause the breakage to extend upward through any new asphalt and cause the surface to fail prematurely, requiring additional rehabilitation in the near future.

As previously discussed, this street will be taking additional traffic later this year while two other projects are undertaken on West 61

h Street - repaving in front of Home Depot and widening at Snipes. Completing this project before that time will be beneficial.

BUDGET IMPLICATIONS: The supplemental budget approved February 27, 2017 allocated an additional $134,103 in Beginning Balance to the Street Fund, Fund 5, $124,103 of which was identified for street maintenance projects. There are sufficient funds available to implement any of the three options provided without financially impacting any of the other planned street maintenance projects for 2016/17.

COUNCIL ALTERNATIVES

A. Option 1: Move to direct staff to proceed with maintenance work on West ih Street utilizing a cement-treated base and 4 inches of asphalt for an estimated cost of $75,000.

B. Option 2: Move to direct staff to proceed with maintenance work on West ih Street without a cement-treated base and with 3 inches of asphalt for an estimated cost of $52,810.

C. Option 3: Move to direct staff to proceed with maintenance work on West i 11

Street without a cement-treated base and with 2 inches of asphalt for an estimated cost of$37,314.

17 W 7th St Maintenance Page 2 of2

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city of the dalles · 2017. 3. 31. · city of the dalles, oregon and wasco county, oregon north...

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