2004-1012-Minutes for Meeting July 14,2004 Recorded 7/20/2004COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS VV 2001-1012
COMMISSIONERS' JOURNAL 07/2012004 04;57;51 PM
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2004-1012
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
L
This page must be included
if document is re-recorded.
Do Not remove from original document.
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF JOINT MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
and
CITY OF BEND COUNCIL
WEDNESDAY, JULY 149 2004
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present from the County were Commissioners Michael M. Daly, Dennis R. Luke
and Tom DeWolf. Also present were Mike Maier, County Administrator; Timm
Schimke, Solid Waste Department; Tom Blust, Road Department; Anna Johnson,
Commissioners' Office; Mark Pilliod, Legal Counsel; and Catherine Morrow,
Community Development.
Present from the City were Ron Garzini, Interim City Manager; Councilors John
Hummel, Bill Friedman and Oran Teater; Brian Shetterly and James Lewis.
Also in attendance were approximately twenty other citizens.
1. Call to Order.
Commissioner Daly brought the meeting to order at 7:35 a.m.
2. Update regarding Juniper Ridge Industrial Land.
Brian Shetterly, City Planning Manager, gave an update of the Juniper Ridge
project. He said there are two primary tracks: the expansion of the urban
growth boundary to bring in 513 acres for future industrial uses; and the
planning process for short-term development, and a conceptual plan for the
long-term development of the remaining approximately 1,500 acres.
Minutes of Joint Meeting - City of Bend Council & County Commissioners
Wednesday, July 14, 2004 Page 1 of 9 Pages
He explained a lot of progress has been made in both areas. At this time he
distributed a handout regarding the timeline for the project. (A copy is attached
as Exhibit A.) In terms of the urban growth boundary process, when public
hearings are completed and an ordinance adopted, the urban growth boundary
would be expanded and alight industrial zone designated to the area. This is
completed at the City level; the next step is for the County to hold public
hearings on the proposal. This public hearing is scheduled for August 11.
Catherine Morrow added that the Deschutes County Planning Commission has
had joint hearings with the City, and the proposal will now go before the Board.
Mr. Shetterly said that it is hoped an acknowledgment of the urban growth
boundary expansion will come from the State by fall. He then went on to
explain that the second piece is planning, and the City is contracting with
OTAK as lead consultant. A lot of the groundwork has been done, and the next
step is design workshops that are scheduled for late July. There will be a
number of focus groups involved in order to get a handle on what the 513 -acre
area should look like. The consultant will then prepare concepts for workshops.
He stated that the last item is the process. The City Council has authorized staff
to move ahead with a request for proposal for the master development, in order
to remove the City from the actual development. Based on responses, the City
will then select a master developer or a team of developers to come up with a
proposal by late 2005.
Commissioner Luke asked what kind of public reaction has been observed. Ms.
Morrow said that the joint meetings drew a lot of participation, some from the
affected area and others who testified on the need of larger size industrial
property. The biggest concern was that master planning occurs. There were not
as many participants at the City Council hearing.
Mr. Shetterly added that they don't expect many objections. However, a letter
from 1,000 Friends of Oregon was received in the record, objecting to the
expansion and questioning the economic necessity. Representatives of the
group may appear at the August 11 hearing.
Minutes of Joint Meeting - City of Bend Council & County Commissioners
Wednesday, July 14, 2004 Page 2 of 9 Pages
Ron Garzini gave an overview of the infrastructure piece. The City will enter
into an agreement with the Oregon Department of Transportation in regard to
funding the Cooley Road interchange; $15 million from the State and up to $7
million additional from the City. This should be tied in with the master
developer, with financial commitments coming from there. There is also a
commitment by the City to complete the road infrastructure within the City
limits to provide safety improvements in the area prior to major development.
Both the City and ODOT have obligations, along with the master developer.
In regard to the extension of 27th Street, when everything is developed the north
side of town will be greatly impacted. Therefore, there needs to be a lot of
City/County joint planing efforts in regard to that area.
Bill Friedman said that he is not predicting, but he sees a great deal of
enthusiasm among the members of the advisory group. In regard to Oregon
State University, he will be getting a letter from them about their participation
and potential future residency there. They would like to take part in the
planning process, and they may feel that this location is a good place for a
major educational complex. It could also be part of a buffer area between local
residents and the industrial area and the research park. Mr. Friedman added that
it is exciting to see so many people enthused about how the development of the
area could make a major difference for many people in the community.
3. Discussion of 27th Street Extension.
Tom Blust indicated that the future right of way for 27th Street had been
discussed for at least ten years, and the County worked with the church and the
Bend Metro Park and Recreation District to complete a lot line adjustment.
Ron Garzini said that the transfer of property has not been recorded, and
research is being done at this time. The City Council wants research done in
regard to property for affordable housing as well. He added that the 27th Street
and Empire Avenue extensions should be dovetailed with the development of
Juniper Ridge. In his opinion this should be a priority, and the City will need
the support of the County to get all improvements in place so that when Cooley
Road is unusable due to revamping, there will be options for mobility.
Minutes of Joint Meeting - City of Bend Council & County Commissioners
Wednesday, July 14, 2004 Page 3 of 9 Pages
James Lewis then provided a handout to the group. (A copy is attached as
Exhibit B) He said that some general assumptions are being made at this time.
It is assumed that the City will be responsible for the construction and oversight
of the process of the land, even though it is in the County's jurisdiction. The
City will put together an impact analysis and other studies.
He added that once it is determined where the road will go, it could be brought
into the urban growth boundary once the City has completed its buildable lands
inventory. Statute gives the City jurisdiction, and this will be part of an
intergovernmental agreement regarding the transfer of the right of way.
Related issues are the western connection. A three -lane section is planned, but
the traffic analysis may show that the extension should be five lanes. The right
of way is wide enough to accommodate this. It is vital for the whole northeast
section of Bend to have traffic continuity.
Commissioner Luke observed that the through road will be needed sooner
rather than later, especially in view of the recent progress made on the Park and
Recreation District's acquisition of the Bend Pine Nursery.
Bill Friedman stated that the Oregon Transportation Commission's plan is to
sell bonds that could finance a major part of the Cooley Road overpass in 2006.
He asked is if would be possible to move quickly enough on the Empire
Avenue project. James Lewis replied that theoretically this could be done.
Ron Garzini said he asked engineering to complete a regional engineering
process. He would like to see a regional plan for northeast Bend to know how
all the pieces will fit together, and someone needs to stay on top of this.
Bill Friedman stated that the Bend Metropolitan Planning Organization may
feel that the joint City and County plan for mobility lends itself to moving into a
metropolitan plan, which would almost have to be adopted by the State.
Commissioner Luke added that it is important to keep other parts of the plan in
mind so that any potential bottleneck is not just moved elsewhere.
Minutes of Joint Meeting - City of Bend Council & County Commissioners
Wednesday, July 14, 2004 Page 4 of 9 Pages
4. Update of Transit District Formation.
Ron Garzini distributed a handout (a copy of which is attached as Exhibit C.)
He said that the latest draft is still a bit rough in regard to the financial
information. He added that the City of Redmond does not wish to participate at
this point, but will carefully watch how the process is handled.
He said that the issue is now the County's call. The legal description and
boundaries have been worked out, and includes the City limits as well as the
Pine Nursery property, Juniper Ridge and Deschutes River Woods.
The levy is the next step. As submitted by the City, the district contains a 19
cents per thousand levy rate, with some other financing to be obtained. This
should be addressed at the next City Council meeting. In regard to the timeline,
if the levy is successful, candidates for transit district board would run in the
spring, with a budget to follow the next year. In the interim the City could help
things get started.
The City would continue running the system until the new board is elected, with
the levy starting a year later. The design would be for a north to south, east to
west system, including major employers (over 100 employees), plus the
hospital and other medical facilities, the university and known areas where
likely users have been identified. It is a high priority to serve these people.
The last thing for the Council to address would be some kind of informational
brochure to be available before the election. It is anticipated that a contract
should be entered into with an uninvolved third party with strong expertise in
transit, so that a factual, credible document can be developed.
A brief discussion took place as to whether the 19 cents per thousand rate can
sustain the district. Mr. Friedman said that the variable is the level of service. If
demand is strong for an increase, the district board will then have to find additional
funding. It is difficult at this time to predict the level of service needed.
Mike Maier stated that it is difficult to change the levy rate. It was pointed out
that there are unique funding mechanisms for transit. Some areas successfully
use a payroll tax. Redmond is eligible for funding due to its size. If there is a
way to modify current law to have transit cover just the urban areas, minus the
areas in between, this could work well. The district can annex areas and open
up new funding possibilities.
Minutes of Joint Meeting - City of Bend Council & County Commissioners
Wednesday, July 14, 2004 Page 5 of 9 Pages
Other than payroll taxes, a business license fee could be implemented, at a cost
of $50 per business per year, as part of the funding package. The City of Bend
is the only city of its size in Oregon, except Medford, with no business license.
Redmond has a business license requirement of $50 per business per year, plus
$1.50 per employee. This would help to keep the levy rate down and at the
same time do something good for the community. It will also help to track the
number and types of businesses. It is estimated that the amount generated
would be about $380,000 less administration costs.
Oran Teater stated that there could be some other services that the community
would like to see occur from these funds. Mr. Friedman said that there are
more opportunities for funding transportation in Oregon than for most other
projects. If La Pine wanted a demonstration project, it is possible the area could
get federal funds; the County would have to apply.
It was pointed out that there is no need to purchase much equipment since the
City already has most of what is needed to get started. There will need to be
agreements with St. Charles Medical Center, the University and other locations
to provide shelter from the weather. It is hoped the rate can be kept low enough
so citizens will give it a chance. The rate actually started out at 29 cents per
thousand, was adjusted to 16 cents per thousand, and readjusted to a more
realistic rate of 19 cents per thousand. Much depends on the business license
proposal.
5. Discussion of Flow Control (Solid Waste).
Mike Maier explained that this issue was discussed at the County's meeting
with the City of Redmond Council the previous week. The County has
requested that both cities work with the County to develop a way to assure the
flow of garbage to the landfill to justify the investment in the system; this is a
good business tactic to service debt. The desire is to have assurances that
garbage will flow in. Some progress was made with the City of Redmond, and
areas have been identified. There is primarily a seven-year rolling contract with
the haulers, who also make similar investments in infrastructure and equipment.
Minutes of Joint Meeting - City of Bend Council & County Commissioners
Wednesday, July 14, 2004 Page 6 of 9 Pages
Mark Pilliod stated that as a result of a meeting with franchisees and the City of
Redmond, they are very close to agreement language that everyone is
comfortable with. There are some additional details to address, but the
proposals appear to be reasonable. The Commissioners approved an
intergovernmental agreement that would provide the City of Bend some
assurances regarding legal challenges; the County will step to the plate to
defend against such challenges.
Ron Garzini said that the County brought this before the City some months ago.
The County wants the City to help because of the substantial capital investment
in the landfill, and the City agreed to cooperate. The agreement is still being
negotiated but it is viewed as a reasonable request. He state that he has
recommended notice go out to any contractors who will not comply. As far as
he knows there may be one contractor who disagrees, but he has not been able
to reach this contractor to discuss this further. Mr. Garzini added that the
Council needs to be prepared to stand with the County in this regard, as the
requirements are fair and reasonable.
Commissioner DeWolf observed that there has been a system in place for many
years, and it works well. The haulers are very involved in the Solid Waste
Department updates, and all are aware of what is needed for the system to
remain successful. The County has been able to maintain low tipping fees so
that the rates charged to citizens have stayed below the state average, with the
service level high.
The recycling program has been enhanced, and work is being done on potential
yard debris pickup. He added that the County doesn't want to see a lot of the
garbage being hauled to other locations, such as Crook County, as this affects
the overall success of the system. Much of this hauling supports the recycling
program, and if it is lost the cost will be passed on to ratepayers. The only
increases have occurred because haulers upgraded their equipment.
Commissioner Luke said that the County is just the keeper of the landfill; it
belongs to everyone. Klamath County is shipping by rail now, and the pick up
rate at the curb immediately went up by $7 per customer, and the tipping fee
went up to $60. A lot of time and effort is spent on the landfill here, and it is
very efficient; it also includes special events such as free disposal days for tires,
hazardous wastes and other items.
Minutes of Joint Meeting - City of Bend Council & County Commissioners
Wednesday, July 14, 2004 Page 7 of 9 Pages
He said that when he and other County representatives toured landfills in
northern California, the operators of those landfills were surprised at the free
disposal days offered by the County; but this provides a good service to the
public. He added that there is no ulterior motive for wanting flow control; there
is $6 million in bonds to debt service, and the County wants to make sure
funding is available when the site is reclaimed in the future.
Commissioner Daly said that the facility is a transfer station and will be needed
no matter what happens with the landfill. A pending land use issue is currently
holding up the construction of the transfer station, though.
Ron Garzini added that in his past positions he was involved in moving a
landfill, and it was incredibly difficult and expensive. If waste is moved out by
rail, it would require a major change to the transportation system and the
neighbors there are affected. He said that this issue will come before the City
Council at its next meeting.
6. Other Items.
Dennis Luke stated that the Boys and Girls Club had a problem with where to
park its bus, since it couldn't be parked in neighborhoods. Mike Elmore of the
City arranged for a special parking space for the bus in front of the Club; his
efforts are appreciated.
Mike Daly said that the Pot of Gold Thrift Store on Hill Street was having a
problem with parking that was affected by contractors using up all of the spaces
all day long; Mr. Elmore arranged for parking to be limited in order to free up
the spaces.
Commissioner Luke asked that the City look at changing signage at the
Kearney Avenue/Hill Street intersection. The stop signs should be placed the
other direction or a four-way stop put in, as it is hard to see past vehicles, and
the steep grade is a problem in the winter. With Kearney Avenue dead -ending
at the Parkway, the current signage doesn't make sense. Mr. Garzini said he
would see that this is examined.
Minutes of Joint Meeting - City of Bend Council & County Commissioners
Wednesday, July 14, 2004 Page 8 of 9 Pages
7. Adjourn.
Being no further items discussed, the meeting adjourned at 8:45 a.m.
Respectfully submitted,
ig" $�_�
Bonnie Baker
Recording Secretary
Attachments
Exhibit A: Handout regarding Juniper Ridge Planning and Development (I page)
Exhibit B: Handouts relating to the Extension of 27ffi Street and Empire
Boulevard (2 pages)
Exhibit C: Overview of Draft Transit District Proposal (5 pages)
Exhibit D: Sign -in Sheet (I page)
Minutes of Joint Meeting - City of Bend Council & County Commissioners
Wednesday, July 14, 2004 Page 9 of 9 Pages
Page / of /
Empire Boulevard - 27th Street Connection (Discussion Points)
Assumptions
The connection is shown on both the City of Bend and Deschutes County Transportation
System Plans (TSP).
2. The City will be responsible for construction and oversight of the project.
3. A land use application/review will be necessary - per both City and County codes, right
of way dedication outside of a development action (i.e. a land division) requires a land
use process.
4. The City will hire a consultant to prepare the land use application, including
supplemental information such as the traffic study, burden of proof statement, etc.
Questions:
1. How will the right of way transfer/acquisition transpire? Will the City or County be the
recipient?
2. Who will have jurisdiction over the road/right of way, and ultimately maintenance
responsibility? Under Oregon Revised Statutes there are provisions for City jurisdiction
over public streets outside of established City boundaries.
3. Is an Intergovernmental Agreement necessary to establish the rights and responsibilities
- ------of-both-City/County-with-regard-to jurisdiction -over -the -street? -- --
4. What is the ability of the City to spend dollars on a project outside of City limit/UGB,
within the County?
5. Will the County share in expenses for either the right of way acquisition or construction,
or both?
Related Issues•
1. This project will transition into the existing Empire/27th road sections. Under City TSP,
major arterials can be developed as 5 -lane sections. If the traffic study indicates that a 5 -
lane section is necessary, the transition to Empire to the west will be a 5 -lane section to
an existing 3 -lane section. The Lava Ridge Refinement Plan (LRRP) currently places a
restriction over the portion of Empire that falls within the refinement area boundary -
restricts Empire in this area to 3 -lanes. This restriction may not meet future
transportation needs throughout the corridor. This could possibly require an amendment
to the LRRP to construct a 5 -lane section within the LRRP boundary. This could be
completed as a parallel project with the work noted above. Could be part of the
consultant contract.
Exhibit 13
Page of
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CITY OF BEND
DRAFT TRANSIT DISTRICT PROPOSAL
July 13, 2004
Exhibit C'
Page / of .5—
OVERVIEW
Transportation is an essential element in our society. A healthy multi -modal
infrastructure of roads and highways, transit, and airplanes provide mobility and
access within our community to support our daily lives and travel needs. The average
family spends a significant amount of time and money on transportation. It is not
surprising that as the City of Bend grows, transportation is at the top of public
concern. The 2004 Community Survey showed that transportation has increased in
importance to Bend citizens since 1999 and tops the priority of major service
categories. Nearly 7 out of 10 voters who responded to the survey favored expanding
the City's current Dial -A -Ride system to a fixed route public transit system (68%
support, 29% oppose). Total passengers transported on the City's current Dial -A -Ride
system has increased by 25% from 77,467 in 2002 to 96,900 in 2004. Is a fixed route
transit system in Bend's future? It is hard to imagine our city without a fixed route
transit system as population reaches 80,000 in 2010 and 100,000 in 2020. Expanding
the current Dial -A -Ride system to a fixed route system fits in with the City's overall
growth strategy to achieve important social goals such as less traffic and parking
congestion, cleaner environment and more livable neighborhoods.
Is this the right time to expand the transit system? The City's population projection
reaches 80,000 in 2010, just 6 years away and the following developments have
changed the City's transit viability over the past five years:
• Our urban neighborhoods are growing to include mixed land uses and multiple
housing types for a broad range of family incomes,
• We are building a University community and a University town requires a
transit system for mobility and access for its students and faculty,
• The hospital and surrounding medical complexes are a major future economic
engine, seniors and convalescent hospitals generate riders from both patrons
and workers,
• Densities are appearing around 27th street and in other parts of the City and
our Transportation System Plan (TSP) remand expects us to plan other areas of
density to become transit corridors,
• Money magazine named Bend the place to retire if you are into "green and
clean." Our retired, senior citizen population continues to grow and
transportation choices are incredibly important to senior citizens who may no
longer have the option of driving,
• Our NE Industrial area will become an employment center as will downtown
and the Old Mill District creating the need for transit as an access to
employment,
• Substantial federal and state subsidies are now available for both capital and
operations of a transit system.
MOVING TO SOLUTIONS
Too often transportation projects are considered in isolation rather than as a part of a
complete and interconnected system of different transportation modes which lead to a
City of Bend Draft Transit District Proposal, July 13, 2004
Exhibit c
Page of -�
better quality of life. The City of Bend will propose a mix of transportation solutions
as the TSP is updated. One apparent solution that can be implemented now is the
formation of a Transit District to provide for a fixed route transit system supported by
a permanent levy, business license fees, federal and state funding and user.
WHAT WE WANT TO ACCOMPLISH
We envision a start-up transit system that begins today with limited routes to serve
major North-South and East-West destinations. As our community grows, we foresee
the transit system expanding to eventually become a complex transit network,
providing convenient service along major routes, neighborhoods and parks and
ultimately connecting all parts of the region including services to Redmond, Sunriver,
Sisters and future destinations. However in order to accomplish our public goals of
sustainable growth into the twenty-first century and beyond, we must take the first
steps today to invest in this proposal that is sound and viable.
We propose a start-up transit district that will provide two routes, a North-South route
along Highway 97, and an East-West route along Highway 20 (see attached map).
Transit stops would be designed to target large employers, the medical area, schools
and the college. The transit district will also provide a demand response service for
senior and disabled riders.
Transit service will run on thirty minute stops, also known as headways and will
operate Monday through Saturday. Sunday service will be offered to the General
Public on the demand response system.
FINANCING THIS PROPOSAL
Across the nation, transit districts are funded by gas tax, sales tax, employee taxes,
property taxes, state and federal funding and user fees. In Oregon, comparable
districts are funded by property tax levies as follows:
Transit Districts in Oregon Lew per $1,000 TAV
Corvallis Transit System $0.25
Rogue Valley Transit District (Medford, Ashland) 0.18
Basin Transit Services (Klamath Falls) 0.48
Salem Area Transit 0.76
The City proposes a permanent levy of $0.19, the 2nd lowest in the State and projects
that this levy would generate a little over $1 million in revenues in the district's first
year. For an average home assessed at $250,000, the $0.19 levy would mean $47.50
in taxes a year.
The revenue base for the district would be diversified by a proposed business license
fee, State and Federal funding and contract revenues and user fees. The State and
Federal funding projected in this proposal is already currently received by the City.
City of Bend Draft Transit District Proposal, July 13, 2004 2
Exhibit C?
Page -3 of 5-
The City is closely examining the business license fee and will develop a specific plan
for the introduction and assessment of the fee.
The District's operation would continue to be funded by a diversified revenue base as
follows:
38% Property tax
39% Federal and State Funding
11% Business license fees
12% User fares, contract services and advertising revenues
Projected resources and expenditures for the District's first year of operations are as
follows:
Projected Financial Plan
Transit District
FY 2006
Revenues
Property taxes
$
1,025,606
Business license fee
300,000
State operating grants
286,000
Federal operating grants
604,566
Federal capital grants
160,211
Medicare ride brokerage
175,800
User fares and contract revenues
119,753
Advertising revenues
10,000
$
2,681,936
Expenditures
Legal fees and other formation costs
20,000
Paratransit contract
1,467,401
Contract with City - materials & supplies
116,166
Contract with City - other city services
620,836
Call center
175,800
Capital outlay
200,264
$
2,600,467
Ending Fund Balance
$
81,469
The City's goal is to create a fiscally sound and credible transit system that will merit
public support. This proposal is not the answer to all the City's transit needs, however
we must begin to invest in infrastructure that is critical to the health of our
community and that will allow the City to grow sustainably and into the next century.
City of Bend Draft Transit District Proposal, July 13, 2004
97
Exhibit L
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