2020-239-Minutes for Meeting June 15,2020 Recorded 7/21/2020U-� ES COGS
'BOAR® OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
jT#_FA,j
Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2020-239
Commissioners, .Journal 07/21 /2020 2:25:53 PM
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2020-239
BARNES & SAWYER ROOMS
Virtual Meeting Platform
Present were Commissioners Patti Adair and Anthony DeBone. Commissioner Phil Henderson was
present via conference call at 10:06 a.m. Also present were Tom Anderson, County Administrator;;
David Doyle, County Counsel; and Sharon Keith, BOCC Executive Assistant. In -room attendance was
limited in compliance with the Governor's Virus orders.
CALL TO ORDER: Chair Adair called the meeting to order at 10:00 a.m.
PLEDGE OF ALLEGIANCE
ACTION ITEMS:
1. Consideration of Board Signature of Resolution No. 2020-024, Declaring
Drought Emergency in Deschutes County.
County Administrator Tom Anderson presented the Resolution for
consideration. Craig Horrell, Central Oregon Irrigation District (via Zoom
conference call) reported on water flow concerns in Deschutes County.
Jeremy Giffin, Water Master reported on natural flow levels verses reservoir
levels within the County. Commissioner DeBone commented on the addition
BOCC MEETING JUNE 15, 2020 PAGE 1 OF 4
of wildlife considerations to the Resolution. Commissioner Henderson
requested an amendment to the draft Resolution to provide that the
declaration continues until October 31, 2020.
HENDERSON: Moved approval of Resolution No. 2020-024 as amended
DEBONE: Second
VOTE: HENDERSON: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
2. Legislative Update
Communications Director Whitney Hale presented the legislative update.
Phil Scheuers, PAC West (present via Zoom conference call) reported that the
state is figuring out how best to conduct the special session via a virtual
meeting platform. PAC West will contact any committee co-chairs for items
of concern for Deschutes County. Mr. Scheuers reported on the state budget
process.
3. Preparation for Public Hearing: Noise Variance for Deschutes Market
Road and Highway 97
Cynthia Smidt, Community Development Department Planner outlined the
issues and process for the public hearing that is scheduled for June 24
explaining that limited night time work is proposed.
4. Preparation for Public Hearing: Amend Deschutes County
Transportation System Plan Text 1) Regarding Requirement that a
Frontage Road or Backage Road be in Place Prior to Constructing a
BOCC MEETING JUNE 15, 2020 PAGE 2 OF 4
Raised Median by Adding a Reference to J-Turns 2) Removing Language
that Vandevert Road be Disconnected from US 97
Peter Russell, Senior Transportation Planner, (present via Zoom conference
call) reported on the project. The public hearing on the matter is scheduled
for the BOCC meeting of June 24, 2020. Mr. Russell gave the staff report
outline of the projects. The Planning Commission has unanimously
recommended that the BOCC approve/adopt both amendments.
5. Discussion of Jefferson County Request for Assistance in COVID19
Related Quarantine
County Counsel Dave Doyle explained that Jefferson County staff had
contacted Deschutes County staff and inquired whether the homeless
COVID-19 motel in Bend could be accessed for Jefferson County populations.
Staff suggested that one of the Jefferson County Commissioners contact
Board Chair Adair. That contact occurred and Chair Adair asked that staff
bring the matter forward. Mr. Doyle prepared a draft Intergovernmental
Agreement (IGA) for consideration. Dr. Mike Baker Jefferson County Public
Health, and Chris Weiler, DC Health Services were present via Zoom to report
on this opportunity to partner (in order to provide lodging services to
homeless who need to self -isolate). The BOCC was generally supportive.
Mr. Doyle will work with staff to revise the draft IGA at which time the BOCC
can review and provide direction.
RECESS: At the time of 11:46 a.m. the Board went into recess to conduct the
Executive Sessions.
EXECUTIVE SESSION:
At the time of 11:46 a.m. the Board went into Executive session under ORS 192.660
(2) (e) Real Property Negotiations. The Board came out of Executive Session at
12:06 p.m.
BOCC MEETING JUNE 15, 2020 PAGE 3 OF 4
At the time of 12:06 p.m. the Board went into Executive Session under ORS 192.660
(2) (d) Litigation. The Board came out of Executive Session at 12:21 p.m.
The Executive Session under ORS 192.660 (2) (i) employee evaluation will be moved
to Wednesday, June 17, 2020.
RECONVENE: At the time of 12:21 p.m., Commissioner Adair reconvened the
meeting.
Being no further items to come before the Board, the meeting was adjourned at 12:22 p.m.
DATED this J6 Day of 2020 for the Deschutes County Board of
Commissioners.
r f
ATTI A AIR, CHAT
ANTHONYE, VICE CHAT
ILIP G. HENDERSON, COMMISSIONER
BOCC MEETING JUKE 15, 2020 PAGE 4 OF 4
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, M0NDAY, DUNE 15, 2020
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit
www. des chutes. org/m eetings.
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 Board's ability to address other topics.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
MEETING FORMAT
In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order
20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary
measures to facilitate public participation in these virtual meetings.
Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be
conducted in a virtual format. Attendance/Participation options include:
Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the
Public Meeting Portal at www.deschutes.org/meetings.
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any
meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to:
citizen inlutPdeschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before
the start of the meeting will be included in the meeting record.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via Zoom
meeting. The Zoom meeting id and password will be included in either the public hearing materials or
through a meeting invite once your agenda item has been included on the agenda. Upon entering the
Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to
Board of Commissioners BOCC Meeting Agenda Monday, June 15, 2020 Page 1 of 3
present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are
providing testimony during a hearing, you will be placed in the waiting room until the time of testimony,
staff will announce your name and unmute your connection to be invited for testimony. Detailed
instructions will be included in the public hearing materials and will be announced at the outset of the
public hearing.
For public testimony, the Zoom meeting ID and password will also be posted within the agenda packet and
listed on the staff report memo for that specific public hearing.
PLEDGE OF ALLEGIANCE
ACTION ITEMS
1. 10:00 AM Consideration of Board Signature of Resolution No. 2020-024,
Declaring Drought Emergency in Deschutes County - Tom Anderson,
County Administrator
2. 10:30 AM Legislative Update -Whitney Hale, Communications Director
3. 11:00 AM Preparation for Public Hearing: Noise Variance for Deschutes Market
Road and Highway 97 - Cynthia Smidt, Associate Planner
4. 11:10 AM Preparation for Public Hearing: Amend Deschutes County
Transportation System Plan Text 1) Regarding Requirement that a
Frontage Road or Backage Road be in Place Prior to Constructing a
Raised Median by Adding a Reference to J-Turns; 2) Removing
Language that Vandevert Road be Disconnected from U.S. 97 - Peter
Russell, Senior Planner
5. 11:30 AM Discussion of Jefferson County Request for Assistance in COVID-19
Related Quarantine - David Doyle, Legal Counsel
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.
EXECUTIVE SESSION
Board of Commissioners BOCC Meeting Agenda Monday, June 15, 2020 Page 2 of 3
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.
Executive Session under ORS 192.660 (2) (h) Litigation
Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
Executive Session under ORS 192.660 (2) (i) Employee Evaluation
ADJOURN
To watch this meeting on line, go to: www.deschutes.org/meetings
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
®Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
® accommodations to make participation possible, please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners'meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners BOCC Meeting Agenda Monday, June 15, 2020 Page 3 of 3
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o� 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 BOCC Monday Meeting of June 15, 2020
DATE: June 11, 2020
FROM: Whitney Hale, Administrative Services, 541-330-4640
TITLE OF AGENDA ITEM:
Legislative Update
BACKGROUND AND POLICY IMPLICATIONS:
Phil Scheuers, Account Manager/Lobbyist with Pac/west Communications will provide a
legislative update to the Board of Commissioners.
FISCAL IMPLICATIONS: None
ATTENDANCE: Phil Scheuers, Pac/West Communications; Whitney Hale, Administration.
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of June 15, 2020
DATE: June 10, 2020
FROM: Cynthia Smidt, Community Development, 541-317-3150
TITLE OF AGENDA ITEM:
Preparation for Public Hearing: Noise Variance for Nighttime Construction on Deschutes
Market Road and US Highway 97
BACKGROUND AND POLICY IMPLICATIONS: City of Bend is requesting a nighttime (10
p.m. - 7 a.m.) noise variance for road work along Deschutes Market Road and US Highway 97
for Phase 2 of the North Interceptor Sewer Project. The noise permit application will allow
nighttime construction associated with a sewer transmission pipeline project within the
Deschutes County right-of-way for Deschutes Market Road and State of Oregon right-of-way
for US Highway 97. The work would begin no sooner than August 1, 2020 and end no later
than November 30, 2021, depending on the project. File Number 247-20-000135-V
See attached staff memorandum for further background information.
FISCAL IMPLICATIONS: None
ATTENDANCE: Cynthia Smidt, Associate Planner
MEMORANDUM
TO: Board of County Commissioners
FROM: Cynthia Smidt, Associate Planner
DATE: June 10, 2020
WORK SESSION: June 15, 2020
RE: City of Bend is requesting a nighttime (10 p.m. - 7 a.m.) noise variance for
road work along Deschutes Market Road and US Highway 97 for the North
Interceptor Sewer Project, Phase 2; File Number 247-20-000135-V
The Board of County Commissioners (Board) will hold a public hearing on June 24, 2020, at 10 a.m.,
to hear a noise permit application submitted by City of Bend. The noise permit application will allow
nighttime construction associated with a sewer transmission pipeline project within the Deschutes
County right-of-way for Deschutes Market Road (Document 2020-385) and State of Oregon right-of-
way for US Highway 97 (Document 2020-386). The work would begin no sooner than August 1, 2020
and end no later than November 30, 2021, depending on the project.
MEETING PARTICIPATION
June 15, 2020 - Staff Briefing
• Computer: Members of the public may listen and view the Board's June 15, 2020 staff
briefing session using the public meeting portal at following link.
http•//deschutescountyor.igm2.com/Citizens/Default.aspx
• In Person: Members of the public may attend the staff briefing session in person subject to
social distancing requirements. Up to 25 people (including staff) will be permitted in the
hearing room if 6-foot distancing can be maintained.
June 24, 2020 - Public Hearing
• Computer: Members of the public may listen, view, and/or participate in the public hearing
on June 24, 2020 using Zoom. Using Zoom is free of charge. Using this option may require
you to download the Zoom app to your device. Login to the electronic meeting online using
the following Zoom link.
https•//us02web zoom us/i/836423770347pwd=RGZSdW8rV2VwZXY2MUxoWWhibkNEOT09
Password: 063186
1 7 !VJ I. <,i.iyetie venue , i';end, CT cgori j770;> P.O Box 000`>, Rei id, OR 9I /08 6005
Q,(5/1) 3880575 g, v�wd�iv.de<<I�utr-s.c�i /cci
• Phone: Members of the public can access the meeting via telephone; dial 1 (346) 248-7799.
When prompted, enter the following information.
Webinar ID: 836 4237 7034
Password: 063186.
• In Writing: Written comments can also be submitted to the record via regular mail or email
by 9:00 a.m. on June 24. Submit comments to Cynthia.Smidt@deschutes.org.
• In Person: Members of the public may attend the hearing in person subject to social
distancing requirements. Up to 25 people (including staff) will be permitted in the hearing
room if 6-foot distancing can be maintained.
II. SUMMARY
The North Interceptor Sewer Project is a sewer transmission line that will meet projected population
growth for the City of Bend and expand the serviceable area of the current City sewer system. In
addition, the project will replace portions of existing sewer infrastructure and replace existing
pressure sewer line with gravity sewer lines, where practicable (in accordance with the 2014 City of
Bend Collection System Master Plan). The project involves two phases discussed below. Portions
of Phase 2 will lie within the public road right-of-way of Pioneer Loop, Margaret Lane, Deschutes
Market Road, and US Highway 97. Construction of the pipeline within the road right-of-way will
occur primarily during normal working hours except for required night work within the rights -of -
way of Deschutes Market Road and US Highway 97.
The work within road right-of-way may involve open cut excavation, boring, and installation of
gravity sewer pipe. The project will also include removing the existing pavement surface, grading,
and pavement restoration. The nighttime road work will satisfy work limits imposed by the
Deschutes County Road Department for the Deschutes Market Road segment and Oregon
Department of Transportation (ODOT) for the US Highway 97 segment in order to minimize traffic
delay and decrease the risk of construction related accidents, as well as compliance with ODOT
freight mobility agreements.
DESCHUTES MARKET ROAD - There is no assigned address but the project crosses the public right-
of-way between 63635 Deschutes Market Road and 63610 Deschutes Market Road (Assessor's Tax
Map 17-12, Sections 11 C and 11 D) as shown below in Figure 1.
The Deschutes Market Road segment is anticipated to last seven days. The start date for this aspect
of the project is dependent on other elements of the overall project. The applicant anticipates
starting on November 3, 2020. However, the start date could begin as soon as September 1, 2020
or as late as December 14, 2020. The applicant indicates that the grind and inlay of the road will be
dependent on weather. Therefore, if paving was not completed in 2020, they would have to
complete it in 2021 when nighttime weather was predictably warm, which would be approximately
May or June.
247-20-000135-V Page 2 of 5
Figure 1 - Proposed Deschutes Market Road Crossing
US HIGHWAY 97 - There is no assigned address but the project will occur within the public right-of-
way between mileposts 133.16 and 134.59 (Assessor's Tax Map 17-12-09) as shown below in Figure 2.
The work within the US Highway 97 right-of-way will depend on the ODOT permissions regarding
blasting. Blasting is anticipated to occur between August 1, 2020 and November 14, 2020, lasting
approximately eight weeks. According to the applicant, blasting will likely occur twice per week
during that time. In addition, the nighttime work will include pipeline excavation and installation
that is anticipated to begin no earlier than April 1, 2021 and end no later than November 30, 2021.
This timeframe is dependent on easement acquisition and pipe production in other areas of the
project.
247-20-000135-V Page 3 of 5
Figure 2 - Proposed US Highway 97 Segment
111. LAND USE HISTORY
The County issued an administrative decision approving Phase 2 of the North Interceptor Sewer
Project on June 3, 2020 through files 247-20-000132-CU, 247-20-000133-AD, and 247-20-000134-SP
(attached). Phase 2 includes transmission pipeline traveling through 10 properties located in the
Exclusive Farm Use (EFU), Multiple Use Agricultural (MUA-10) and Suburban Low Density Residential
(SR 2 1/2) Zones. The 10 properties begin near the terminus of Phase 1 along Pioneer Loop, then
travels west and northwest through Bend's Juniper Ridge industrial/business park, concluding along
US Highway 97. As noted above, the requested noise permits are associated with Phase 2.
In May 2019, the County approved Phase 1 of the North Interceptor Sewer Project through files 247-
18-000951-CU, 247-18-000952-AD and 247-18-000954-SP. Phase 1 began at Bend's Water
Reclamation Facility at 22395 McGrath Road and proceeded west to Pioneer Loop near 63636
Pioneer Loop. The City of Bend did not request a noise permit for this phase of the project. All
247-20-000135-V Page 4 of 5
construction within the Gentry Loop and Cricketwood Drive road rights -of -way occurred during
normal working hours.
IV. RECOMMENDATION
In the interest in the safety and convenience of both the traveling public and the workers within the
construction work zone, staff recommends the noise permit and its nighttime variance be approved.
Attachments:
Binder Document Item No.
2020-06-10 DRAFT Document 2020-386 (US Highway 97) 6
2020-06-10 DRAFT Document 2020-385 (Deschutes Market Road) 5
2020-06-09 Century West Engineering Correspondence 4
2020-06-04 NOPH 247-20-000135-V 3
2020-06-03 Administrative Decision 247-20-000132-CU, 133-AD, 134-SP 2
2020-02-12 Application Materials 247-20-000135-V 1
247-20-000135-V Page 5 of 5
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOISE PERMIT
PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08
LOCATION: US Highway 97 between mileposts 133.16 and 134.59 (Assessor's Tax Map 17-12-09)
FILE NUMBER: 247-20-000135-V
OWNER: Oregon Department of Transportation
OPERATOR: City of Bend PHONE: (541) 330-4003
PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction of
the North Interceptor Sewer Line Project that will address projected population growth and expand the serviceable
area of the current City sewer system; replace portions of existing sewer infrastructure; and replace existing
pressure sewer line with gravity sewer lines, where practicable and in accordance with the 2014 City of Bend
Collection System Master Plan. The project will include removing the existing pavement surface, open cut
excavation, boring, and installation of gravity sewer pipe, and pavement restoration.
DATES AND TIMES OF PROJECT: Nighttime construction activities are anticipated to begin no sooner than
August 1, 2020 and are anticipated to be completed no later than November 30, 2021. Nighttime construction
will occur Sunday night through Friday morning, between 10:00 p.m. and 7:00 a.m.
FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for granting this
permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the
record and testimony at the hearing. These findings include:
1. A need to maintain and improve the roadway surface on US Highway 97;
2. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk
of construction related accidents on US Highway 97, and reduce potential traffic queues affecting US
Highway 97 and County roads.
CONDITIONS OF APPROVAL:
1. Construction activities may be conducted beginning August 1, 2020.
2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners
who testified at the public hearing for this permit of the dates and times the construction activities will
occur.
3. This permit expires November 30, 2021.
4. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE PROJECT IS
COMPLETE.
5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH
COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE
PACE 1 OF 3- DOCUMENT No. 2020-386
PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF
INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND
DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES.
Dated this of 12020 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
PAGE 2 OF 3- DOCUMENT No. 2020-386
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHILIP G. HENDERSON, Commissioner
PAGE 3 OF 3- DOCUMENT NO. 2020-386
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOISE PERMIT
PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08
LOCATION: Deschutes Market Road between 63635 Deschutes Market Road and 63610 Deschutes Market Road
(Assessor's Tax Map 17-12, Sections 11 C and 11 D)
FILE NUMBER: 247-20-000135-V
OWNER: Deschutes County Road Department
OPERATOR: City of Bend PHONE: (541) 330-4003
PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction of
the North Interceptor Sewer Line Project that will address projected population growth and expand the serviceable
area of the current City sewer system; replace portions of existing sewer infrastructure; and replace existing
pressure sewer line with gravity sewer lines, where practicable and in accordance with the 2014 City of Bend
Collection System Master Plan. The project will include removing the existing pavement surface, open cut
excavation, boring, and installation of gravity sewer pipe, and pavement restoration.
DATES AND TIMES OF PROJECT: Nighttime construction activities are anticipated to begin no sooner than
September 1, 2020 and are anticipated to be completed no later than June 30, 2021. Nighttime construction will
occur Sunday night through Friday morning, between 10:00 p.m. and 7:00 a.m.
FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for granting this
permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the
record and testimony at the hearing. These findings include:
1. A need to maintain and improve the roadway surface on Deschutes Market Road;
2. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk
of construction related accidents on Deschutes Market Road, and reduce potential traffic queues affecting
County roads.
CONDITIONS OF APPROVAL:
1. Construction activities may be conducted beginning September 1, 2020.
2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners
who testified at the public hearing for this permit of the dates and times the construction activities will
occur.
3. This permit expires June 30, 2021.
4. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE PROJECT IS
COMPLETE.
PAGE t of 3- DOCUMENT No. 2020-385
5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH
COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE
PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF
INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND
DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES.
Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
PACE 2 OF 3- DOCUMENT No. 2020-385
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHILIP G. HENDERSON, Commissioner
PAGE 3 OF 3- DOCUMENT NO. 2020-385
E S CMG
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o c 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 BOCC Monday Meeting of June 15, 2020
DATE: June 9, 2020
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Preparation for Public Hearing: Amend Deschutes County Transportation System Plan
Text 1) Regarding Requirement that a Frontage Road or Backage Road be in Place Prior to
Constructing a Raised Median by Adding a Reference to J-Turns; 2) Removing Language
that Vandevert Road be Disconnected from U.S. 97
RECOMMENDATION & ACTION REQUESTED:
None, this is a work session prior to June 24, 2020, public hearing
BACKGROUND AND POLICY IMPLICATIONS:
ODOT has applied to amend the Deschutes County Transportation System Plan (TSP) text
regarding 1) requirement that a frontage or backage road be in place prior to installing a raised
median between Bend and Redmond by adding a reference to J-turns and 2) removing
language that Vandevert Road will be disconnected from U. S. 97. ODOT intends to construct
the Bend -Redmond raised median in four phases, beginning in 2021 with Phase 1, Deschutes
Junction to 1.86 miles south. A J-turn is a directional break in the raised median to
accommodate U-turns to reduce out -of -direction travel. ODOT also plans to make U.S. 97 a
divided four -lane highway between South Century and the United States Forest Service
(USFS) boundary. Phase 1 in 2021 will extend from South Century to just past Vandevert
Road. The text amendments are needed to make the ODOT projects and the TSP consistent.
The Planning Commission has unanimously recommended that the Board approve the
amendments.
FISCAL IMPLICATIONS: None
ATTENDANCE: Peter Russell, Senior Transportation Planner
MEMORANDUM
DATE: June 8, 2020
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
RE: June 15, 2020, work session on proposed amendment to the Deschutes County
Transportation System Plan (TSP) text regarding 1) requirement a frontage road be in
place prior to installing a raised median barrier between Bend and Redmond, adding
a reference to J-turns and 2) removing language that Vandevert Road will be
disconnected from U.S. 97 (File 247-20-000138-PA).
The Oregon Department of Transportation (ODOT) has two scheduled construction projects to
improve safety on U.S. 97. The first is to construct a raised median barrier for nine miles between
Redmond and Bend and the second is to make a six -mile segment of U.S. 97 between South Century
Drive and the United States Forest Service (USFS) boundary into a divided four -lane highway, which
would include keeping Vandevert Road connected to U.S. 97. The current 2010-2030 TSP requires
a parallel route, aka frontage or backage road, be in place prior to a raised median barrier being
installed on the highway. The current TSP also has a long term objective of disconnecting Vandevert
Road from U.S. 97.
The proposed plan amendment (File No. 247-20-000138-PA) would:
• Modify the TSP language to add a reference to J-turns (a form of a U-turn) as an additional
method to minimize out -of -direction travel caused by the raised median barrier
• Remove the TSP language regarding disconnecting Vandevert Road from U.S. 97
The two proposals are discussed separately below. The proposed plan amendment would allow
the upcoming ODOT projects to be consistent with the County TSP.
Staff sent a notice to the Department of Land Conservation and Development (DLCD) on March 19,
assuming an April 23 first evidentiary hearing with the Planning Commission (PC). This met the 35-
day prior notice requirement of DLCD. After the memo was sent, the April 23 date was changed to
a work session. However, given the uncertain date of when the COVID-19 crisis would end and
whether public hearings could be held, staff had listed several alternative dates when the PC hearing
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
�� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
would occur. Thus the County still complied with the 35-day prior notice requirement as all the
public hearing dates were later than April 23.
The April 23 work session was held remotely over Zoom. The materials were entered into the public
record.' The PC set a public hearing date of May 14. The May 14 hearing was also held remotely
via Zoom and is footnoted below.2 The PC continued the hearing until May 28 to allow further public
comment given that this was the first time the PC had held a hearing via Zoom. No additional public
comments were received. The PC closed the hearing on May 28, deliberated, and unanimously
recommended that the Board approve the plan amendment as submitted.
For the Board's upcoming June 24 public hearing, staff sent notice of public hearing (NOPH) to those
parties who had participated in the PC hearings and also posted notice in the Bend Bulletin.
BACKGROUND OF TSP TEXT
During the 2009-2012 development of the TSP, reducing crashes on the rural, high speed segments
of U.S. 97 became a major topic. U.S. 97 was then, and remains today, the highest -volume
transportation facility in the region. The safety concerns of fatal and serious injury crashes fell into
three broad areas, listed below in no order of priority:
• Turning crashes related to getting on or off the highway or crossing the highway at at -grade
intersections, whether public roads or private driveways
• Head-on crashes between northbound and southbound vehicles
• Crashes related to winter driving conditions
Between the south end of Redmond and the north end of Bend, U.S. 97 is a five -lane cross-section
(four travel lanes and a center lane) with numerous at -grade connections at public streets and
private driveways. There is one grade -separated interchange, Deschutes Junction. There is a
planned interchange at Quarry Road, which will service traffic on the west side of the highway. The
land use pattern is a mix of developed parcels adjacent to the highway as well as rural subdivisions
and scattered rural residences that use the highway. This segment is a major commuting route as
well as a freight route.
By contrast, U.S. 97 between Bend and La Pine has a dramatically different land use pattern. Most
of the area is forest with rural development much farther from the highway and almost exclusively
on the west side. While there are four travel lanes for much of Bend -La Pine, those lanes are either
separated by a concrete median barrier or are a divided highway. The volumes are lower as the
Bend -La Pine commuting shed has a much smaller population than Bend -Redmond.
1 ODOT application materials and staff memo and PowerPoint are found here:
https•//deschutescountyor igm2 com/Citizens/FileOpen.aspx?Tvpe=1&ID=2243&lnline=True
z Staff and ODOT presentations and public comment are found here:
https•//deschutescountyor igm2 com/Citizens/SplitView aspx?Mode=Video&MeetinglD=2571&Format=Minutes
Page 2 of 6
SUMMARY OF THE ODOT PROPOSAL TO AMEND TSP TEXT TIED TO TWO PROJECTS
National research shows median barriers are one of the most effective countermeasures to prevent
crashes. In a rural setting, median barriers are more much cost-effective as they are relatively
inexpensive to build while providing substantial benefits. A network of frontage and/or backage
roads leading to grade -separated interchanges is another approach, but at a cost several
magnitudes higher than a raised median.
The main drawback in a rural setting is the potential for significant out -of -direction travel. ODOT is
addressing that issue through the use of J-turns, which is a type of roadway design that
accommodates U-turns via a directional break in the raised median. ODOT has used J-turns on a
segment of U.S. 101 south of Lincoln City. J-turns are also used in the Midwest. The two projects
are discussed below. Given the proposed amendment is to change text in the TSP, the application
does not require extensive traffic analysis to satisfy the Transportation Planning Rule (TPR).
Current and proposed language for median barrier on U.S. 97 between Bend and Redmond
Current TSP language on page 165 regarding U.S. 97:
"Between Bend and Redmond the traffic volumes will exceed the threshold ODOT has
set for triggering a raised median. The County supports a raised median on U.S. 97,
provided an adequate system of frontage road(s) or parallel local alternate routes
precede the raised median's installation."
ODOT's proposed language with text to be added shown as underlined.
"The County supports a raised median on U.S. 97, provided an adequate system of
frontage road(s) or parallel local alternate routes or the addition of I turns precede
the raised median's installation."
Current TSP language on page 144 relating to Deschutes junction and frontage or parallel routes
being required prior to installing a raised median:
"The agency recognizes the out of direction travel that would result and thus has
stated the current raised median would not be extended until a frontage road was in
place on the west side of U.S. 97."
ODOT's proposed language with text to be added shown as underlined and text to be deleted shown
as striLothrn6 itch
"The agency recognizes the out of direction travel that would result and thus has
stated the current raised median would not be extended until
PIaG@ OR the west Sid@ Of U.S. Q' ODOT had a plan that would minimize out -of -
Page 3 of 6
direction travel The plan could include installation of a frontage road, backage road,
or the addition of J turns on U.S. 97."
Current and proposed language regarding disconnecting Vandevert Road from U.S. 97
Current TSP language on page 147:
"ODOT as part of its four -phased approach' has identified intersections where
mainline volumes are high enough that a substantial number of drivers on the side
street will not have adequate gaps to turn onto or cross the highway. In the case of
Vandevert, drivers wishing to go north on U.S. 97 have an alternate route of
Huntington Road to South Century. The latter accesses the highway through a grade -
separated interchange.
"Disconnecting Vandevert Road from U.S. 97 will require a formal request from ODOT
and a public hearing before the Board of County Commissioners."
ODOT's proposed language with text to be deleted shown as gujktathro, ,rth
Staff assumes the reason ODOT is proposing to strike all of the language is that if Vandevert Road
is disconnected, the portion of ODOT's South Century-USFS Boundary project related to the J-turn
to provide access to Vandevert Road for northbound U.S. 97 traffic will have been nullified.
Additionally, those who could turn north at Vandevert or turn into Vandevert, will instead likely
divert to the South Century Drive/U.S. 97 interchange. Using the interchange would also require
out -of -direction travel.
ISSUES RAISED AT PLANNING COMMISSION HEARING
3 The "four -phased approach" was an evolution of a two-lane rural highway to a four -lane highway with grade -separated
interchange with frontage roads. The approach was in both the 1998 (1996-2016) and 2012 (2010-2030) TSPs. The
iterative process included first, building passing lanes at varying distances then second, knitting them together for a
continuous four- or five -lane cross section. The third phase would introduce grade -separated interchanges. The fourth
phase would be frontage roads paralleling the highway and linking the interchanges.
Page 4 of 6
In addition to presentations by staff and the applicant (ODOT), five people testified before the PC.
The major issues, in no order of priority, were:
• whether the J-turns could accommodate semi -trucks and/or recreational vehicles or pickups
pulling horse trailers;
• how would the raised median and the divided four lanes accommodate wildlife crossings;
• concern about out -of -direction travel for rural residents
Staff received no testimony nor was any delivered to the PC at the May 28 continuation of the public
hearing.
NEXT STEPS
The Board will hold a public hearing at 10 a.m. on June 24 and will accept public testimony by video
and/or telephone.
After accepting public testimony, the Board has the following options:
• Continue the hearing to a date certain
• Close the oral record and leave the written record open to a date certain
• Close both the oral and written record and set a date certain for deliberations
• Close the hearing and begin deliberations
Attachments: 2020-02-14 ODOTApplication Materials for U.S. 97 Safety Project
2020-02-14 NCHRP 745 "Left -Turn Accommodations at Unsignalized Intersections"
2020-02-14 NCHRP 524 "U-Turns at Unsignalized Median Openings"
2020-03-19 35-day notice to DLCD for 4123120 hearing
2020-03-19 Confirmation of PAPA Online Submittal to DLCD
2020-04-16 Memo to PC for 4123120 work session
2020-04-23 Staff PowerPoint presentation to PC for 4123120 work session
2020-04-29 Notice of Public Hearing
2020-05-06John Robbins e-mail #1 on 97 raised median
2020-05-06 Russell response to John Robbins e-mail #1 on 97 raised median
2020-05-07 Staff PowerPoint for 5114120 PC hearing
2020-05-07 Map #1 for 5114120 PC hearing
2020-05-07 Map #2 for 5114120 PC hearing
2020-05-07 Staff memo for 5114120 PC hearing
2020-05-07 Staff findings for 5114120 PC hearing
2020-05-11 Floyd Lawrence letter on 97 raised median
2020-05-11 John Robbins e-mail #2 on 97 raised median
2020-05-11 Russell response to John Robbins e-mail #2 on 97 raised median
2020-05-12 John Robbins e-mail #3 on 97 raised median
2020-05-12 Russell response to John Robbins e-mail #3 on 97 raised median
2020-05-13John Robbins e-mail #4 on 97 raised median
Page 5 of 6
2020-05-13 Rick Boro e-mail with letter on 97 raised median
2020-05-13 Rick Coffin e-mail with letter on 97 raised median
2020-05-13 Susan Linford e-mail on 97 raised median, four laneing
2020-05-14 ODOT PowerPoint for 5114 PC hearing
2020-05-21 Staff memo to PC for 512820 continued hearing
Page 6 of 6
Imp
CO
,
DATE: May 21, 2020
TO:
FROM:
u u Q:=r<11116
Deschutes County Planning Commission
Peter Russell, Senior Transportation Planner
RE: May 28, 2020, continued hearing on proposed amendment to the Deschutes County
Transportation System Plan (TSP) text regarding 1) requirement that a frontage road
be in place prior to installing a raised median barrier between Bend and Redmond;
and 2) removing language that Vandevert Road will be disconnected from U.S. 97 (File
247-20-000138-PA).
The Planning Commission (PC) opened a public hearing on May 14, 2020, on the Oregon
Department of Transportation (ODOT) proposed plan amendment (File No. 247-20-000138-PA) to
1) modify the TSP language to add reference to J-turns (a form of a U-turn) as an additional method
to minimize out -of -direction travel caused by the median barrier; and 2) remove the TSP language
regarding disconnecting Vandevert Road from U.S. 97. The two proposals are discussed separately
below. The proposed plan amendment would allow the ODOT U.S. 97 safety projects (raised
median between Bend and Redmond and making 97 a divided four -lane highway between South
Century Drive and the Unites States Forest Service (USFS) boundary) to be consistent with the
County TSP.
I. COVID-19 and PLANNING COMMISSION (PC) HEARING
The PC held the hearing remotely to comply with the Governor's Executive Order 20-16. The PC,
staff, and members of the public participated by Zoom. The PC hearing materials and the hearing
itself are entered into the record. This includes materials received after the PC's packet was mailed,
but prior to the hearing. Those materials were e-mailed to the PC on May 12. Attached are materials
submitted either on March 13 or at the hearing itself. Thus, all items presented to the PC to date
have been entered into the record. A link to the May 14 PC hearing is provided below.'
' https•//deschutescountyor igm2 com/Citizens/SplitView aspx?Mode=Video&MeetinglD=2571 &Format=Agenda
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q- (541) 388-6575 @ cdd@deschutes.org (0 www.deschutes.org/cd
11. SUMMARY OF ISSUES RAISED AT MAY 14 HEARING
In addition to presentations by staff and the applicant (ODOT), five people testified before the PC.
The major issues were whether the J-turns could accommodate semi -trucks and/or recreational
vehicles or pickups pulling horse trailers; how would the raised median and the divided four lanes
accommodate wildlife crossings; and concerns about out -of -direction travel for rural residents.
Following public testimony, the PC decided to continue the hearing to May 28, 2020, given the
unique circumstances of the pandemic. As of the writing of this memo, staff has not received any
additional comments. At the May 28 hearing, staff will announce if any transmittals have been
received between the deadlines to assemble and mail the PC packet and the continued hearing.
Ill. NEXT STEPS
The PC will hold the continued public hearing at 5:00 p.m. on May 28 and will accept public testimony
by video and/or telephone.
After accepting public testimony, the PC has the following options:
• Continue the hearing to a date certain
• Close the oral record and leave the written record open to a date certain
• Close both the oral and written record and set a date certain for deliberations
• Close the hearing and begin deliberations
Ultimately, the PC will deliberate and make a recommendation for the Board of County
Commissioners' (Board) consideration. The Board will then hold its own public hearing at a future
date.
Attachments: Rich Boro e-mail and letter, 5113120
Rick Coffin e-mail and letter, 5113120
ODOT PowerPoint presentation, 5114120
Susan Linford e-mail, 5114120
Page 2 of 2
E S CpGZ
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 BOCC Monday Meetina of June 16, 2020
DATE:
FROM: David Doyle, Legal, 541-388-6625
TITLE OF AGENDA ITEM:
Discussion of Jefferson County Request for Assistance in COVID-19 Related Quarantine