ITEM #: 7. DATE: 12/09/2024 AI #:2298 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: |
ADOPTION OF CITY CODE AMENDMENTS REGARDING PAVEMENT CUTS |
| STAFF PRESENTER(S): |
Sumeet Mohan, P.E., Director, and Brian Harvel, Streets Superintendent, Public Works Department |
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| SUMMARY |
| This is a request for Council to approve adoption of amendments to the City Code regarding pavement cuts. (Sumeet Mohan, P.E., Director, and Brian Harvel, Streets Superintendent, Public Works Department) |
| STRATEGIC PLAN ALIGNMENT |
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| RECOMMENDATION |
| ADOPT ORDINANCE NO. 2024-1624, AMENDING SECTION 4.1.7(A)(7) OF CHAPTER 4 OF THE ENGINEERING DESIGN STANDARDS AND POLICIES MANUAL; AMENDING THE MUNICIPAL FEE SCHEDULE TO DELETE CERTAIN FEES; AMENDING CHAPTER 13 TRAFFIC OF THE GOODYEAR CODE OF ORDINANCES TO ADD A NEW ARTICLE § 13-4 ADDRESSING STREET REPAIRS AND PAVEMENT CUTS; PROVIDING FOR PENALTIES, CORRECTIONS, SEVERABILITY, REPEAL OF CONFLICTING LAWS, AND AN EFFECTIVE DATE. (Sumeet Mohan, P.E., Director, and Brian Harvel, Streets Superintendent, Public Works Department) |
| FISCAL IMPACT |
As these changes to the City Code regarding pavement cuts will impact both external and internal stakeholders who work in public right-of-way, staff from the Water Services Department have estimated a potential budget impact of $2.1 million per year to the Water and Wastewater Funds. This is a conservative estimate, as the actual fiscal impact is not currently known and could be much lower. Public Works and Water Services staff will closely monitor the financial impacts during the implementation of the updated pavement cut policy. Other anticipated costs associated with the implementation of this code adoption are minimal. |
| BACKGROUND AND PREVIOUS ACTIONS |
As Goodyear continues to grow, work impacting City streets has increased dramatically. This work includes damages to city streets caused by activities adjacent to the streets and pavement cuts by utility companies, telecommunication companies, developers, and even the city. Although the engineering design standards and policies include requirements regarding street construction, the city has never adopted a comprehensive set of requirements for the repair of public streets, including repairs caused by pavement cuts. Pavement cuts to public streets degrade the integrity of the public streets and increase risks to the traveling public. They weaken the road, which can lead to the road surface sinking or deforming over time. Pavement cuts create uneven surfaces that pose a risk to drivers, cyclists, and pedestrians. Finally, pavement cuts result in additional costs to the city because they require additional repairs and degraded streets require higher levels of maintenance. Staff has been working on the development of requirements to preserve the integrity of the City’s public streets that are impaired by pavement cuts and other damages. Staff informed our impacted stakeholders from the development community and utilities at the Development Forum held by the City on September 10, 2024 who were provided an opportunity to submit feedback between September 25, 2024 and October 25, 2024. Staff received one comment, which has been addressed in the proposed ordinance. Staff updated Council at a Work Session on November 4, 2024. |
| STAFF ANALYSIS |
Currently, the City’s approach to pavement cuts has been on imposing fees for cuts into pavement of newer public streets (i.e. street improvements completed within 36 months of the date of the pavement cut). The fees are minimal and are not sufficient to fund future pavement restoration projects necessitated because of pavement cuts. Moreover, this approach results in a patchwork of pavement cut repairs. The proposed Ordinance No. 2024-1624 (Attachment A) is focused on restoration and repair of City streets to as good a condition that existed prior to the pavement cuts. To achieve this, the approach of the ordinance is to impose repair requirements based on when the street was constructed, resurfaced or reconstructed. This approach has been utilized in other cities around the Valley, with Phoenix and Chandler having similar requirements in place since 2017. A summary of the ordinance (Attachment B) that explains the specific repair requirements is attached, but the following is brief summary of the approach.
- Pavement cuts to streets that were constructed, resurfaced or reconstructed within two years of the date of the pavement cut have the most comprehensive repair requirements. This is consistent with these streets being effectively new at the time of the pavement cut. The more comprehensive repair requirements are intended to get the street back to as good a condition that existed prior to the pavement cuts.
- Repairs required for pavement cuts to streets that were constructed, resurfaced or reconstructed more than two years of the date of the pavement are less comprehensive because the streets have experienced more wear and tear. Like with repairs to new street, the repair requirements for these streets are intended to get the street back to as good a condition that existing prior to the pavement cuts.
- Recognizing that all pavement cuts are not equal, the ordinance imposes lesser repair requirements for smaller pavement cuts (those that are two feet in diameter or less) and for pavement cuts caused by modifications to existing driveways for single family residences.
- Damages to public streets unrelated to pavement cuts are required to make repairs to bring the street back to the condition that existed prior to the damage.
- Focusing on restoration is better for long-term maintenance of our City streets, and ensures that our City streets are left in as good or better condition than prior to the pavement cut. Updating our current city code of ordinances is a critical component of our comprehensive Pavement Management Program.
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