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2007-1603-Minutes for Meeting September 17,2007 Recorded 10/26/2007I COUNTY OFFICIAL r } NANCYUBLANKENSHIP, COUNTY CLERKDS 1~J 2007.1603 COMMISSIONERS' JOURNAL 10/26/2007 01:48:44 PM II I I I II I I~N11I111111111 I II I III 2007-3603 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page , ?1 2a O Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, SEPTEMBER 17, 2007 Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Dave Kanner, County Administrator and Anna Johnson, Communications; and, for a portion of the meeting, Catherine Morrow and Peter Russell of Community Development. No representatives of the media were present. Bill Robie from Governmental Affairs for the Central Oregon Realtors Association attended for part of the meeting. Chair Daly opened the meeting at 1: 30 p.m. 1. Discussion regarding Chemult Train Station Improvements. The Board discussed an e-mail received from John Elliott of Klamath County (a copy of which is attached), asking for Deschutes County to participate in matching a grant that they are attempting to obtain to improve the Chemult train station. The contribution from Deschutes County, should the grant be awarded, would be $26,000. Dave Kanner said that he would have to analyze what fund to use for this purpose. The Commissioners were in general agreement with the proposal. Mr. Kanner stated that an intergovernmental agreement should be entered into with Klamath County to clarify what is expected. Commissioner Daly indicated he would contact Mr. Elliott in this regard, and a letter of support signed by all three Commissioners will be provided. 2. Discussion of Proposed Memorandum of Understanding with ODOT and the City of Bend regarding Access to Juniper Ridge. Mr. Kanner said that he has been informed by the City of Bend Manager, Andy Anderson, that County roads would be included in the access issue for Juniper Ridge. Therefore, the County needs to be involved in the process. Minutes of Administrative Work Session Monday, September 17, 2007 Page 1 of 4 Pages Peter Russell gave an overview of the current language in the draft MOU as it pertains to certain roads. The Commissioners stated that the parameters of the roads involved must be detailed. Commissioner Luke said that ODOT does not intend to have ramp connections at Cooley Road and expects the City to work out the connection details. Mr. Russell stated that he assumes a part of the discussion will be Deschutes Market Road, which the City will have to improve. The urban reserve area roads that will ultimately be City roads should be built to City standards. No traffic analysis has been done on that intersection, however. Also, an exception of State land use laws is necessary for the City to develop the road to these standards. Mr. Russell stated he was able to get everything he felt was important in the draft MOU, and most other things he felt should be not included were thrown out. Catherine Morrow said that a distinction needs to be made in the document so that it is not assumed that all of Juniper Ridge is a part of this agreement. The context needs to be clarified. It needs to allow everyone to plan, but that process will result in amendments involving hearings and the plan may ultimately not be adopted. No outcome can be presupposed. Commissioner Baney stated that it needs to be clear from the beginning what can and cannot be done or expected. Intentions have to be clear so that in the future there will be no questions about it. Ms. Morrow stated that the Board might want to go on record that they are encouraging Mr. Russell to do certain things in this regard. Commissioner Daly observed that there are many people who would like to see the whole plan scrapped and started over, and he does not want the County to be used for this purpose. Commissioner Baney said that during the issue for the Les Schwab property in Juniper Ridge, she felt very strongly that restrictions placed on the original agreement should be upheld. Mr. Russell stated that the City wants to fast-track this process. The Commissioners reiterated that the County needs to be firm on what should be included, with no loopholes. The County's role and intent should be very clear. Commissioner Baney asked that Legal Counsel review the document now and also review any future versions. Minutes of Administrative Work Session Monday, September 17, 2007 Page 2 of 4 Pages Ms. Morrow stated that this will be a planning document only, and does not presuppose anything else. It needs to be specific as to what applies to the particular location and not the entire project. 3. Update of Commissioners' Schedules; Meeting Details. Commissioner Baney will attend the triennial review meeting with the State on behalf of the Board on October 22. Commissioner Daly is going to attend the three-day Oregon Consortium event in Astoria on October 24 through 26. Commissioner Baney's last County College classes are upcoming, this time held in Wilsonville. Commissioner Baney will attend the City Club meeting on September 19 regarding The Badlands issue. Commissioner Daly and Baney will attend the ribbon cutting for the Bethlehem Inn on Thursday, September 20. Commissioners Baney and Daly will attend the AOC District Meeting at Brasada Ranch on September 21. Commissioner Baney has agreed to sit on the Human Services and Education Steering Committee of NACO. 4. Other Items. Dave Kanner stated that the department directors have indicates they no longer want to attend noon meetings; they would like them to be first thing in the morning or late in the afternoon so their day is not broken up. Commissioner Luke asked what the purpose of the meetings is now. At one point, it was to update each other on what is happening in each department and to share ideas. Now it seems to be used for educational purposes. Mr. Kanner said he has now scheduled monthly meetings with department directors to go over procedures and policies and day-to-day operational issues. Minutes of Administrative Work Session Monday, September 17, 2007 Page 3 of 4 Pages After a brief discussion, the Commissioners decided they prefer to continue holding the quarterly department meetings during the lunch hour. The next meeting is scheduled for November 17 at the Solid Waste Department, in conjunction with the ribbon cutting for the new facility. Commissioner Daly reported on COIC Loan Committee activities. He stated he had some questions about one of the loans and asked County Health Director Dan Peddycord to participate in a conference call regarding the loan. After that discussion, the Committee decided to put the loan on hold pending further research on the issue. The Board then went into executive session under ORS 192.660(2)(e), real estate negotiations. No formal action was taken. Being no further items to come before the Board, Commissioner Daly adjourned the meeting at 3:40 p.m. DATED this 17th Day of September 2007 for the Deschutes County Board of Commissioners. ichael M. Daly, air r7 Dennis R. Luke, Vice Chair ATTEST: Uc~' IL~ Recording Secretary Tamm aney, tom 'ssioner Minutes of Administrative Work Session Page 4 of 4 Pages Monday, September 17, 2007 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, SEPTEMBER 17, 2007 1. Discussion regarding Chemult Train Station Improvements 2. Discussion of Proposed Memorandum of Understanding with ODOT and the City of Bend regarding Access to Juniper Ridge - Peter Russell, Community Development 3. Update of Commissioners' Schedules; Meeting Details 4. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regardinga meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Page 1 of 1 Dave Kanner Subject: FW: Chemult Train Station From: John Elliott [mailto:jwelliott@co.klamath.or.us] Sent: Monday, September 10, 2007 4:09 PM To: Tammy Baney; Mike Daly; Dennis Luke Cc: Al Switzer; Bill Brown Subject: Chemult Train Station Commissioners: As you know, Klamath County was successful in ConnectOregon 1 in obtaining funding for the acquisition, design and construction of an improved passenger station at Chemult. Out of a total project estimate of $537,500, the project was awarded $125,000. The ConnenctOregon cash match requirement of 20%, or $25,000, was provided by Klamath County. Following negotiations with Union Pacific and the requirements of the Forest Highway Enhancement Program, it was determined that the station itself could not be located on railroad property. Negotiations are continuing which will finalize the purchase of adjoining property from private owners. We are therefore seeking ConnectOregon 2 funding for the design and construction of a parking area between the proposed station site and the boarding ramp. While we are seeking other grants to support this second stage, we will not be seeking more than $200,000 under ConnectOregon 2. At this level, the match requirement of 20% would be $40,000. Since this is the point of service for passenger rail in Central Oregon, would Deschutes County be interested in partnering or co-sponsoring this project? In view of the match we have already provided, we would propose a 35/65 split of the Connect Oregon 2 match between Klamath County and Deschutes County. That is, of the $40,000 match requirement, $14,000 would be paid by Klamath County and $26,000 by Deschutes County. Details surrounding maintenance, insurance, future improvements and daily operations (toilet and litter) are being worked out with ODOT, Amtrak, Union Pacific and Klamath County. It is not envisaged that Deschutes County would be involved in any of these responsibilities. The deadline for filing of "intent to apply" for ConnectOregon 2 funds is the end of September. Is it possible to have your response by September 25? If you have further questions, please call me at 541-883-5100 or we can discuss it in detail at our AOC District meeting at Powell Butte. John Elliott Klamath County Commissioner 9/10/2007 Page 1 of 1 Bonnie Baker From: Peter Russell Sent: Tuesday, September 11, 2007 4:42 PM To: Bonnie Baker Cc: Peter Russell Subject: Update to BOCC on Juniper Ridge MOU Importance: High Attachments: 23966 Juniper Ridge Working draft 09 11 07.doc Bonnie, Here is the item we discussed on the phone. This is an update of how City /County/ODOT staff have been working on an Memorandum of Understanding (MOU) for transportation facilities affected by Juniper Ridge. This is not a decision item. I was requested by Dave Kanner to give the Board a general update on the matter on 1/17; the item will also be discussed at the joint Board/City Council meeting on the evening of the 17th. Let me know if you have any questions. Thanks. Peter Russell Senior Planner Deschutes County Community Development Dept. 117 NW Lafayette Ave. Bend, OR 97701 ph: (541) 383-6718 FAX (541) 385-1764 Peter Russell Senior Planner Deschutes County Community Development Dept. 117 NW Lafayette Ave. Bend, OR 97701 ph: (541) 383-6718 FAX (541) 385-1764 9/11/2007 Misc. Contracts and Agreements No. 23966 MEMORANDUM OF UNDERSTANDING Between Oregon Department of Transportation (ODOT), The City of Bend (City), and Deschutes County (County) Regarding Access to Juniper Ridge DEFINITIONS: Short-term Improvement Project - refers to the northbound right turn lane at the Cooley Rd intersection with US 97 and the westbound right turn lane at the Robal Rd intersection with US 97. These improvements were identified as mitigation for the zone change to accommodate the relocation of the Les Schwab corporate headquarters. Mid-term Improvement Project - refers to a project that would make capacity improvements at a new intersection of US 97 and Cooley Road to accommodate early access to Juniper Ridge until the Long-term Improvement Project can be implemented. Further analysis is needed to determine how much additional development (if any) this improvement could accommodate, its cost, etc. Long-term Improvement Project - refers to the US 97 Bend North Corridor Project which will provide a, long term, (20 year) solution for US 97 north of the Parkway between Deschutes Junction Interchange and Empire Boulevard Interchange. An Environmental Impact Statement (EIS) is currently being prepared for this project. Juniper Ridge,- refers to a 1,500-acre property owned by the City of Bend, occupying a 2,7007acre triangle formed by US 97 on the west, Cooley Road on the south and Deschutes Market Road on the east. The City currently is negotiating a development agreement for the property with Juniper Ridge Partners, LLC. Juniper Ridge Master Plan - refers to a conceptual development plan completed by Juniper Ridge Partners, LLC and their consultants in May 2007. It will be presented to City Council for acceptance but will not be an official land use document. Urban Growth Boundary (UGB) Amendment - Bend and Deschutes County are currently in the process of amending Bend's UGB. This amendment is required under Oregon's planning rules in order to provide adequate land to accommodate projected population and employment for a 20 year planning period. Metropolitan Transportation Plan (MTP) - The MTP is a federally mandated 20- year plan to assess the Bend Metropolitan Planning Organization's regional transportation needs, identify gaps and list and prioritize projects and system management strategies for all regionally significant modes of transportation. A federally Memorandum of Understanding No. 23966 CITY/ODOT Page 2 compliant MTP was adopted on June 27, 2007, by the MPO Policy Board. The MTP will be amended in the near future to reflect the proposed Urban Growth Boundary amendments that currently are in process and to comply with the Oregon Transportation Planning Rule. Northeast Bend Transportation Study (NE Transportation Study) - refers to a City of Bend Council initiated study that will measure traffic impacts from development at Juniper Ridge and elsewhere in the northeast area and alleviate the impacts of these developments on the City, County, and State transportation system. Middlelnterchange- A new interchange on US 97 between Cooley Road and Deschutes Junction, as discussed in Recitals, Paragraph 11. City of Bend Transportation System Plan (TSP) - refers to a 20-year plan to assess the County's transportation needs, identify gaps and list and prioritize projects and system management strategies for all modes. The TSP will be amended following adoption of the updated MTP to recognize subsequent Urban Growth Boundary amendments and other MTP/City TSP/County TSP coordination issues Deschutes County Transportation System Plan (TSP) - refers to a 20-year plan to assess the County's transportation needs, identify gaps, and list and prioritize projects and system management' strategies for all modes. RECITALS 1. It is the intent of the' Parties to document; in this Memorandum of Understanding (MOU) how best to coordinate Juniper Ridge access issues affecting the state highway system and County road system in and near Bend. In particular, the focus of the MOU is on the affect of Juniper Ridge on US 97; but there are several other closely related transportation studies and issues which must be considered including the potential affect of other areas proposed as part of the Bend Urban Growth Boundary (UGB) expansion, future plans for US 20, the NE Transportation Study, etc. 2. ODOT's primary goal is to protect and enhance the long term function of US 97 to safely and efficiently move traffic through Bend. ODOT's secondary goal is to ensure the Bend Parkway portion of US 97 continues to serve the community of Bend at an acceptable level of service. 3. The City's overall transportation goal for Juniper Ridge and the north area of Bend is for a safe, efficient and balanced transportation network to serve the land uses in the Bend Area General Plan while providing a high level of access and mobility to Juniper Ridge and nearby residential and employment areas. The City's specific Memorandum of Understanding No. 23966 CITY/ODOT Page 3 transportation goal is to secure certainty on short, mid and long term access to Juniper Ridge from State and County transportation systems. 4. Deschutes County primary goal is to achieve an efficient, safe, convenient, and economically viable transportation system. The County will work to ensure traffic facilities function in a manner consistent with their current classification and their future classification as identified in the County TSP. 5. The intersection of US 97 at Cooley Road currently exceeds ODOT's Volume to Capacity Standard of 0.80. During the peak hour, significant queuing occurs in both directions on US 97. In addition the intersection of US 97 and Robal Road is experiencing congestion and significant queuing. Both intersection sites have high accident rates and are in the top 5% accident sites on the state highway system. 6. The initial financial plan for the Long-term Improvement Project was focused on utilization of Oregon Transportation Investment Act.(OTIA) III freight funds and earmarked for an interchange at Cooley Road and US 97. ODOT and the City of Bend committed $15 million and $5 million (up to $7.5 million) respectively to this interchange project. The Oregon Transportation Commission (OTC) requested that a transportation refinement plan' be completed for the north end of Bend, prior to expending any funds for right of way, utilities or construction activities. In the fall of 2004 ODOT, in collaboration with Deschutes County and the City of Bend initiated the US 97 & US 20 Refinement Plant to address land-use and transportation mobility issues around the north end of Bend. The final report for the refinement plan was completed in May 2007 and will be incorporated into an Environmental Impact Statement (EIS) process estimated to be completed by fall 2010. 7. In June 2007, ODOT exchanged OTIA III Freight Funds to State Transportation Improvement Program (STIP) funds to improve the funding match and help ensure timely expenditure of the OTIA III Modernization program dollars within the program guidelines. The current STIP funding remains $15 million and will be placed in the developmental STIP program, identified for expenditure on the EIS study, initial right-of-way and utility relocation allocations. Future funding for phased right-of-way, utility relocation, and construction with contributions from ODOT, City of Bend, Deschutes County and private partners needs will be a key element of the project financial plan. 8. In 2000 the OTC designated most sections of US 97 from Madras south to California as an expressway. Conversion to an expressway facility will require eventual elimination of all direct, at-grade stop-signed and signal-controlled access to the US 97. Ultimately access to US 97 will be provided through a system of frontage roads and grade-separated interchanges. Memorandum of Understanding No. 23966 CITY/ODOT Page 4 9. Currently the City is constructing a three-lane improvement to Cooley Road that will begin a short distance east of the Burlington Northern Santa FE (BNSF) Railroad and extend east to 18th Street. The intersection at Cooley Road and 18th Street will be constructed as a multi-lane roundabout. City intends to construct this improvement before the Les Schwab corporate headquarters is occupied. 10.ODOT's long term preference for the Cooley Road intersection with US 97 is that Cooley Road be grade-separated from any new US 97 corridor and the railroad, with no ramp connections between Cooley Road and the new US 97 corridor. 11.The City's long term preference for the main connection from US 97 to Juniper Ridge is that it provided by constructing a Middle Interchange north of Cooley Road and south of Deschutes Junction. The City's preferred location for the Middle Interchange is a short distance northwest of the northwest corner of the current Urban Growth Boundary and Juniper Ridge. The City recognizes that planning for the Middle Interchange will have to be coordinated carefully with the North Corridor Project and that local street connectivity must be optimized prior to construction of the Middle Interchange. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Parties hereto as follows: MUTUAL OBLIGATIONS & AGREEMENTS ODOT and the City agree that the highest Juniper Ridge access priority for the Parties is to first address the urban portion of US 97 in the vicinity of Cooley Road. The initial focus will be the development and implementation of the Short-term and Mid-term Improvement Project mitigations. It should be noted that the Short-term Improvement may not be implemented dependent upon the timing of the Mid-term and Long-term Improvement Projects. The second focus is to utilize the current Deschutes Market Interchange and the existing and planned local City and County road systems. ODOT is evaluating potential long term solutions to address congestion on US 97 that will only include one full or partial interchange between Deschutes Market Road and Empire Avenue to connect the extension of 3Id Street/Business 97 with a new US 97 alignment which may or may not provide access to Juniper Ridge. 2. The Bend MPO model predicts that multiple segments and intersections of both US 20 and US 97 (including the Bend Parkway) will not meet mobility standards by the horizon year of 2030. It is critical to identify ways to address this issue and meet mobility standards and/or develop alternative performance measures. Therefore, the Parties shall actively participate in and support a sponsored study of the Bend Parkway and directly related local street system in the vicinity of the Bend Parkway. Memorandum of Understanding No. 23966 CITY/ODOT Page 5 One of the primary goals of this study will be to identify what combination of access management, ramp metering, local road improvements and other strategies will allow the Parkway to function safely and efficiently. 3. The Parties shall work closely to consider and analyze the feasibility of a new US 20 corridor or connections from the Sisters-Bend section of US 20 to US 20 east of Bend. 4. Given that the Mid-term Improvement Project will not provide a long term solution to transportation issues on US 97, the City agrees to work closely with ODOT to develop a strategy for funding and implementation of the Long-term Improvement Project. CITY OBLIGATIONS 1. City shall work with ODOT and Deschutes County to develop a Northeast Bend Transportation Study which shall analyze the transportation benefits of improvements to the City's transportation grid system in this area. This study will be completed by July, 2008. 2. City shall identify, develop, design, acquire right of way, implement any identified access management measures, and construct the Mid-term Improvement Project. City shall be responsible for funding 100, percent of the costs of the Mid-term Improvement Project (which may consist of any combination of City funds including funds collected as mitigation from developers for development impacts). City's development and design work shall be closely coordinated with ODOT's National Environmental Policy Act (NEPA) process on the Long-term Improvement Project and shall not bias, influence, preclude or predetermine alternatives to be considered in the NEPA process and the ultimate implementation of the Long-term Improvement Project. 3. As soon as sufficient design and traffic analysis is completed on the Mid-term Improvement Project, the City shall work closely with ODOT and County to determine appropriate amendment of relevant transportation plans as needed. 4. The City may pursue potential alternative transportation performance standards for OTC consideration. COUNTY OBLIGTATIONS 1. County shall participate in the Juniper Ridge planning process, stating its position on facilities and projects including Deschutes Market Road, Deschutes Junction interchange and the extension of Redmond's 19th Street south to Deschutes Junction. Memorandum of Understanding No. 23966 CITY/ODOT Page 6 2. As soon as sufficient design and traffic analysis is completed on the Mid-term Improvement Project to provide findings, the County shall schedule a public hearing to consider amending the appropriate transportation plans as needed. ODOT OBLIGATIONS 1. ODOT shall participate in the Juniper Ridge planning process. 2. In close coordination with City, County and the Bend MPO, ODOT shall complete the EIS for the Long-term Improvement Project by, Fall, 2010. 3. ODOT shall provide timely response and comment on any conceptual design, preliminary design, and/or final design developed by the City for the Mid-term Improvement Project. 4. ODOT shall coordinate with the Federal Highway Administration (FHWA) to help ensure that the Mid-term Improvement Project has independent utility and is consistent with the NEPA process for the Long-term Improvement Project. F:\Agreements\City\Bend\Bend123966 Juniper Ridge MOU\23966 Working draft 09.11.07.doc