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2019-120-Minutes for Meeting February 20,2019 Recorded 4/11/2019Recorded in Deschutes County CJ2019-120 Nancy Blankenship, County Clerk Commissioners' Journal 04/11/2019 3:35:15 PM 2019-120 Do not remove this page from original document. Deschutes County Clerk Certificate Page 2{ BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 � 99 � � � ,�a ✓ �� n �a a A s 8,'Y�` 3 > Iv'f�` e� v`—U _ 10:00 AM WEDNESDAY, February 20, 2019 BARNES & SAWYER ROOMS Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant, Several citizens and no identified representatives of the media were in attendance. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Henderson called the meeting to order at 10:01 am PLEDGE OF ALLEGIANCE: CITIZEN INPUT: leff lordan, is a business owner in Terrebonne and requested help from the Commissioners regarding not only commerce in Terrebonne but also public safety relative to the Terrebonne Refinement Plan. Randy Lunsford, is a business owner in Terrebonne and presented a handout BOCC BUSINESS MEETING FEBRUARY 20, 2019 PAGE 1 OF 6 including information gathered from a poll conducted at Ferguson's Market in Terrebonne regarding the Terrebonne Refinement Plan. Phil Grillo, attorney, presented the Board with handouts of alternatives and gave testimony on the Terrebonne Refinement Plan and Alternatives Evaluation. Mr. Grillo reported on the dates of the public workshops inviting the Commissioners and also inquired on presenting at a future BOCC Work Session. Sarah Douglass, gave testimony in opposition of Redmond residentjerrad Robison's proposed 2nd Amendment Ordinance. Amber Hossick, gave testimony on behalf of Deschutes County residents regarding 2nd Amendment rights. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Henderson requested to pull Consent Items 2 and 3 for discussion and offered an amendment to Item 4. DEBONE: Move approval of Item #1 ADAIR: Second VOTE: DEBONE: Yes ADAI R: Yes HENDERSON: Chair votes yes. Motion Carried Consent Agenda Items: 1. Consideration of Board Signature of Order No. 2019-001, Sale of Certain Real Property Acquired by Deschutes County through Tax Foreclosure 2. Consideration of Board Signature of Order No. 2019-007, Declaring Deschutes County Personal Property Surplus and Authorizing Sale 3. Consideration of Board Signature of Resolution No. 2019-003, Adopting BOCC BUSINESS MEETING FEBRUARY 20, 2019 PAGE 2 OF 6 Amended Bylaws for Deschutes County Public Safety Coordinating Council 4. Approval of Minutes of the February 5, 2019 Legislative Update Meeting ACTION ITEMS: ConsentAgenda Item 2 as pulled for discussion: Consideration of Board Signature of Order No. 2019-007, Declaring Deschutes County Personal Property Surplus and Authorizing Sale Commissioner Henderson inquired on the surplus list presented specifically identifying two Toyota Prius belonging to the Health Department. Randy McCulley, Fleet Manager presented and explained the Prius model didn't accommodate for patient transport. Due to the low mileage, Commissioner Henderson opined the vehicles might be used in another department verses placing on public auction. DEBONE: Move approval of Order No. 2017-007 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried ConsentAgenda Item 3 as pulled for discussion: Consideration of Board Signature of Resolution No. 2019-003, Adopting Amended Bylaws for Deschutes County Public Safety Coordinating Council Commissioner Henderson inquired on the purpose of the amendment and noted he is not in favor of this at this time but suggested this item come before the Board as a discussion at a Work Session. BOCC BUSINESS MEETING FEBRUARY 20, 2019 PAGE 3 OF 6 Consent Agenda Item #4 as pulled for discussion: Approval of Minutes of the February 5, 2019 Legislative Update Meeting Commissioner Henderson offered a revision to the discussion on Senate Bill 88. DEBONE: Motion to approve as amended ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried 5. Consideration of Board Signature of Document No. 2019-099, Denial of Waveseer Marijuana Production at 24350 and 24360 Dodds Road, Bend Community Development Department Planner Matt Martin presented the decision based on interpretation and distance of youth activity centers; the Board (2-0 Henderson and Adair; DeBone absent) previously denied the application. Commissioner DeBone noted for the record that he was absent during the deliberations. DeBone further acknowledged that he would not have held that the adjacent activity qualified as a "youth activity center." Because the decision is clear that the vote was 2-0 and that he did not participate, DeBone is supportive of the decision as written. ADAIR: Move approval of Document NO. 2019-099 DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried 6. DELIBERATIONS: to Amend DCC 17.16.105 Regarding Entities Besides the County Road Department Which Can Maintain Roads Which Provide BOCC BUSINESS MEETING FEBRUARY 20, 2019 PAGE 4 OF 6 Direct Access to Subdivisions; and Consideration of Board Signature of Ordinance No. 2019-005 Peter Russell, Senior Transportation Planner, Road Department Director Chris Doty, and County Engineer Cody Smith presented and outlined the amendments to the County Code relative to road maintenance. ADAIR: Move approval of Ordinance 2019-005 DEBONE: Second VOTE: ADAIR: DEBONE: HENDERSON: OTHER ITEMS: Yes Yes Chair votes yes. Motion Carried County Counsel David Doyle presented a housekeeping correction regarding a recently adopted Ordinance correcting a Scrivner's error in the designated Ordinance number. DEBONE: Move approval of Ordinance No. 2019-008 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried BOCC BUSINESS MEETING FEBRUARY 20, 2019 PAGE 5 OF 6 Being no further items to come before the Board, the meeting was adjourned at 10:54 a.m. DATED this Day of 2019 for the Deschutes County Board of Commissioners. PHILIP G. H E , CHAIR P `TTI ADAIR, VICE CHAIR BOCC BUSINESS MEETING FEBRUARY 20, 2019 PAGE 6 OF 6 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.orZ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, FEBRUARY 20, 2019 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public. To watch it online, visit www.deschutes.org/meetings. Business Meetings are usually streamed live online and video recorded. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Boards ability to address other topics. Meetings are subject to cancellation without notice. Item start times are approximate and subject to change without notice. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT 10:15 AM CONSENT AGENDA Consideration of Board Signature of Order No. 2019-001, Sale of Certain Real Property Acquired by Deschutes County through Tax Foreclosure 2. Consideration of Board Signature of Order No. 2019-007, Declaring Deschutes County Personal Property Surplus and Authorizing Sale 3. Consideration of Board Signature of Resolution No. 2019-003, Adopting Amended Bylaws for Deschutes County Public Safety Coordinating Council 4. Approval of Minutes of the February 5, 2019 Legislative Update Meeting Board of Commissioners Business Meeting Agenda Wednesday, February 20, 2019 Page 1 of 2 ACTION ITEMS 5. 10:30 AM Consideration of Board Signature of Document No. 2019-099, Denial of Waveseer Marijuana Production at 24350 and 24360 Dodds Road, Bend - Matthew Martin, Associate Planner 6. 10:45 AM DELIBERATIONS: to Amend DCC 17.16.105 Regarding Entities Besides the County Road Department Which Can Maintain Roads Which Provide Direct Access to Subdivisions; and Consideration of Board Signature of Ordinance No. 2019-005 - Peter Russell, Senior Planner OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the 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), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www. deschutes. or/g meetingcalendar Meeting dates and times are subject to change. If you have question, please call (541) 388-6572. Board of Commissioners Business Meeting Agenda Wednesday, February 20, 2019 Page 2 of 2 Attached you will find a simple poll conducted at Ferguson's Market in Terrebonne Oregon. Ferguson's Market has been family owned and operated and serving the Terrebonne community for the last 48 years. Multiple generations of families shop in the store and it has become the "Cheers" of Central Oregon. It is a place of gathering and discussing issues facing Central Oregon. Most all patrons feel safe sharing their thoughts and ideas without ridicule or judgment of the others listening in. Due to this closeness with community it seemed logical to allow the public to voice their opinions regarding ODOT's plan for creating a couplet in Terrebonne. The "Please let your voice be heard" questionnaire was created via community request. The community wanted a simple method to voice their opinion of the proposed couplet. The questionnaire was placed on two counters in the Market. Customers were not solicited nor questioned if they would like to comment. Many conversations were inspired as well as quality suggestions and alternate traffic designs. This questionnaire was posted on February 4th and was available to the public for a little over two weeks. Of the 421 collected signatures, 409 were against the couplet, 11 were for the couplet, and 1 was undecided. Though signatures included residents of Bend, Madras, Redmond, and Sisters, the majority were from Terrebonne and Crooked River Ranch. The questionnaire provides an overwhelming community response against creating the designed couplet in Terrebonne. A few interesting conversations inspired by the questionnaire: • Resolve the traffic and safety issues at the Lower Bridge and Hwy 97 interchange o This interchange must provide for ingress and egress to both North and South bound traffic without creating additional distances or traffic maneuvers • Maintain 11th street as local road that provides the community easy North/ South movement through Terrebonne A special thanks to the Deschutes County Commissioners for helping to preserve the local community of Terrebonne. Please let your voicebe heard@ ODOT is proposing lane i h y through n town Terrbonne The basics are: Existing Hwy 97 will become lanes of south bound traffic bend traffic 12t Street the street east o Hwy 97 will become lanes of north Name For ,against Please let your voice be heard. ODOT is proposing lane hi h `; y t hr -�` . h down town Terrbonne The basics area Existing Hwy 97 ill eye lees f south ntraffic of rah boundtraffic lith Street (the street east f y 7) will become E IM M Please let youf voice be heard. ODOT is proposing a 4 !rye highWay through down town Terrbonne The basics are: Existing Hwy 97 will became 2 lanes of south bound traffic 11th street (the street east of 7 will became lanes of north bound traffic IM a I Please let your voice be heard. ODOT is proposing a 4 lane highway through down town T rr onn The basics area Existing Fly 97 will become 2 lanes of south bound traffic 11th Street (the street east of Hwy ) will become 2 lanes of north bound traffic M 0 a Please let Y our voice be heard-. ODOT is proposing a 4 lane hWay through down town Terrbonne The basics are: Existing Hwy 97 will become 2 lanes of south bound traffic 11th Street (the street east of Hwy 97) will become 2 lane s of north bound traffic 10 Address For Against First Lash -- _ Address F®r Aeras Om R x V proposingPleas,e let your olce be heard., ODOT is lane highway through down town Teri bonne The basics area Existing will become 2 lanes of south bound traffic r �i .h Street (the street east o Hwy will become lease o north bound IM Address a Please let your voice be heard. ODOT is proposing a 4 lane highway through down town Tern ons The basics are: Existing Hwy 97 will become 2 lams ®f south bound traffic 11th Street (the street east of Hwy 97) will become 2 lanes of north bound traffic , 0 a Please let your voice be heard. ODOT is proposing !ane highway through down town Terrbonne The bases are: Existing Eby 97 well become 2 lanes of south bound traffic. 11th street (the street east of Hwy 7) will become 2 lanes of north bound traffic W M Please e your voice X14, heard. ODOT is proposing a 4 lane highway through down town Terrbonne The basics area Existing Hwy 97 will become 2 lanes of south bound traffic llt Street (the street east of Hwy ) will become 2 lanes of north bound traffic Name ® I MC+ Address For Against Please let your voice be heard. ODOT is proposinglane highway through down town Terrbonne The basics area Existing Hwy 97 will become 2 lanes of south bound traffic ,t Street (the street east o b ) will become lanes girth bud traffic M Address For Against i 0 Please let your voice be heard. ODOT is proposing a 4 lane highway through down town Terrbonne The basics area Existing Hwy 97 ill become lanes �f south b traffic 11th Street (the street east of Hwy 97) will become 2 lanes of north bound traffic Name A-1Aw�ee- For Against P € 'e Tz € your voice heard. I 111pillp 11 �!'11111 111 lip 1111111 m N w e-,6aUW6-- 11 0 a," ® 9 Please let your voice be heardS ODOT is proposing a 4 lane highway,through down town Terrbonne m m let (..I� �(� \��� : your.voice : }�� : hearde.�.` ««<!v ©. �. } ,a� . ,c° <� .� !�� � � z ODOT is propos�lng V 4lane \2i\«,. 2\ ?\\# bf h down <#wd ~±t2# #22f The basics are: Existing Hwy awwillbecome lanes f•boundsouth trai�s <:«r Street (the strew»east #<Hwy \. ) will b?«#e x lanes ?y 2#2.h bound <r7. w M \#: X*V\«? Please let Your voice be heards, ODOT is proposing a 4 lane highway Through down town Terrbonne The basics are: Existing 7 will become 2 lanes of south bound traffic 11th Street (the street east of Hwy 97) will become 2 lanes of north bound traffic Name First Last Address Please,.Iet Your voice be heard, Please let your voice be heard.@, , ODOT is proposing a 4 lane highway through down town Terrbonne The basics are® Existing y 97 will become 2 larges of south bound traffic 11th Street (the street east of Hwy 9) will become 2 larges of north bound traffic Name First Last Address For Against Mease let your voice be heard: Mm M O.M.1 -11111111111P�i'7. .......... e -I - 1-1_� iza-E -b c) to rJ L 0 -res c U� o` o � BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: /K Date: Name 5 1r J 16 _1J Address t Phone #s E-mail address In Favor F] Neutral/Undecided ❑ Opposed Are you submitting written documents as part of testimony? ❑ Yes If so, please give a copy to the Recording Secretary for the record. ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS February 18, 2019 Jeff Jordan and the Save Terrebonne Coalition c/o Davis Wright Tremaine, LLP Attention: Phil Grillo 1300 SW 5th Avenue, Suite 2400 Portland, Oregon 97201-5610 Re: Terrebonne Refinement Plan and Alternatives Evalu NW Lower Bridge Road/US 97 Conceptual Interchange AI Project Number 20190202.00 Dear Mr. Jordan and Mr. Grillo, At the February 6, 2019 public meeting/( conceptual interchange alignment alternz were presented. These alternatives are i< Figure 2 was the preferred alternative by design team provided review comments s the design intent. onne, Oregon atives pen house sponsored.by the Save Terrebbnne Coalition, two :fives for the NW Laver` Bridge Way (LBW) /US 97 interchange entified,in the attachedFigures 1 and 2 for reference, noting he 01066 house participants,. Following this meeting, the ODOT iecific to the alternatives and`Erequested further clarification of Subsequently, the alternative depicted in Figure 2 antas modified`,- address ODOT comments and a number of additional alternatives were developed'" oldress community and ODOT input/concerns. All alternatives are attached for reference. The follow"'. table table summarizes the distinguishing design elements of each alternative. New East-West Roadway Extension Between 11th and 13th Streets X X X X X X X X Includes Roundabouts (versus Traditional Intersections) X X X Diverts WB LBW Traffic onto 11#h Street thru Terrebonne X X 11 th Street has 2 -Way for Entire Length X X X X X X Accommodates SB 11th Street Movement from Interchange Area X X X X X Accommodates WB LBW to SB US 97 Movement X X X X X ' X 582 Fel lei's Loop,, In-jgene, C?rec�on 974021 541-579-8315 1 cclemowCc:)clernow-associates.corr7 Terrebonne Refinement Plan and Alternatives Evaluation — Terrebonne, Oregon Project Number 20190202.00 February 18, 2019 Page 2 Overall design considerations as they relate to the larger Terrebonne Refinement Plan are as follows: 1. The general intent of all alternatives is to maintain existing US 97 travel patterns; i.e., US 97 traffic remains in the existing corridor and does not travel on 11th Street. As such, when additional capacity is necessary, the Save Terrebonne Coalition supports constructing a future US 97 five -lane roadway section versus creating a couplet utilizing 11th Street. 2. All alternative designs are intended to accommodate a WB -67 design vehicle for all allowed turn movements. Any design deficiencies are unintentional, and it is anticipated any issues will be corrected while working with the ODOT design team on the chosen alternative. 3. All alternative designs are intended to accommodate the future US 97 five -lane roadway section. The interchange bridge and ramps are intended to be placed in -their ultimate location to achieve full future compatibility and to avoid potential throwaway elements. Any design deficiencies are unintentional, and it is anticipated any issues will be corrected while working with the ODOT design team on the chosen alternative. 4. Final determination of vehicle right-of-way assignment has not been performed at the LBW/US 97 interchange area intersections; however, it is generally intended all intersections will be STOP - controlled (versus a traffic signal) or a there will be roundabouts as shown in the alternatives depicted 6. All design alternatives, except those depicted in Fig,res 2 and 3, accommodate a westbound LBW to southbound US 97 movement. This rind lent also provides an alternate connection for the westbound Smith Rock Way to southbound US 97,m ovement. While it is noted those vehicles have to travel out -of -direction through Terrebonne to use the interchange, they are able to avoid the westbound left -turn movement at the Smith Rock Way/US 97 intersection that experiences excessive peak period delays. 7. Provision of the westbound LBW to southbound US 97 movement, as identified in item #6 above, eliminates the immediate need to construct motor vehicle capacity improvements at the Smith Rock Way intersections at US 91 and 11th Street. It is further anticipated the alternate travel route will be sign posted to promote use. If/when future Smith Rock Way intersection capacity improvements are necessary, traffic signals may be considered. Itr cmc Terrebonne Alignment Alternatives draft 02.18.2019 8. The annual traffic growth rate assumptions and resulting 2040 traffic volumes presented in the Terrebonne Refinement Plan Technical Memorandums for the Existing and Future System Conditions Analyses are too high. Specifically, for all roadways except US 97, a conservative 3% annual growth rate was assumed for the duration of the planning period which is too high for the following reasons: a. The assumed growth rate far exceeds the US 97 ODOT-measured/modeled 1.9% annual growth rate which is data supported, b. The assumed growth rate far exceeds the Terrebonne community population forecasted 1.1% annual growth rate which is data supported, and c. The assumed growth rate is not supported by the measured LBW traffic volumes identified in the 2016 Deschutes County Traffic Summary and the April 2018 traffic counts. This particular data shows a negative annual growth rate over the two-year time period which may not be correct, but the actual annual growth rate is certainly less than 3%. Overall, lower forecasted 2040 traffic volumes will result in better future year operations and less immediate need to construct infrastructure improvements in addition to those being constructed at the LBW/US 97 interchange and within/along the immediate US 97 corridor itself. Sincerely, Christopher M. Clemow, PE, PTOE Attachments: Original Figures 1 and 2 Supplemental Figures 2, 2a, 3, 3a, 3b, 3c,'4, 46,and 5 Itr cmc Terrebonne Alignment Alternatives draft 02.18.2019 E co . L 07101. >_ +� LI- � * i wIllil '- g £ 3 i INS 1. \)I ES c�G Q 2 cc) Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of February 20, 2019 DATE: February 12, 2019 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: DELIBERATIONS: to Amend DCC 17.16.105 Regarding Entities Besides the County Road Department Which Can Maintain Roads Which Provide Direct Access to Subdivisions; and Consideration of Board Signature of Ordinance No. 2019-005 RECOMMENDATION & ACTION REQUESTED: Deliberate on whether to accept language of 247 -18 -000872 -TA as proposed; consider signature of Board Ordinance 2009-005, which would implement the Board's approval. BACKGROUND AND POLICY IMPLICATIONS: The Board currently has a road moratorium (Resolutions 2006-049 and its successor 2009- 118) on accepting new roads into the system of County -maintained roads. Deschutes County Code (DCC) at DCC 17.16.105 requires a subdivision to either directly access a County arterial or collector or indirectly via a road which connects to a County arterial or collector. In this latter case, County code requires the road providing indirect access has been accepted for maintenance purposes by a unit of state or local government. Post -Resolutions 2006-049 and 2009-118, the Planning Division has approved subdivisions provided a homehowners association, special road district, or similar entity existed, ensuring compliance with DCC 17.16.105. The language of 247 -18 -000872 -TA codifies this practice. The Board held a public hearing on January 30, 2018, on file 247 -18 -000872 -TA. Only one person testified. The Board closed the oral record at the end of the hearing, leaving the written record open until February 6. In response to a question by the Board and oral testimony, the Road Department submitted a memo explaining why the County or other small-scale entities do not have road maintenance standards. No other written testimony was submitted. FISCAL IMPLICATIONS: None. ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD.