CITY COUNCIL September 10, 2013 Council Chambers • 777 SW Deschutes Avenue

CITY HALL 716 SW EVERGREEN AVE REDMOND, OR 97756 541.923.7710 FAX: 541.548.0706 www.ci.redmond.or.us CITY COUNCIL September 10, 2013 Council Chambers • 777 SW Deschutes Avenue

COUNCIL SEPTEMBER 10, 2013 WORKSHOP AGENDA 6:45 A.M. MEMBERS

I. CALL TO ORDER George Endicott Mayor II. UPDATES A. Energy Savings Performance Contracting, Bill Duerden

Tory Allman III. SEPTEMBER 10, 2013, P.M. MEETING AGENDA REVIEW Councilor

IV. ADJOURN Joe Centanni Councilor SEPTEMBER 10, 2013 MEETING AGENDA 7:00 P.M.

Camden King I. CALL TO ORDER / ESTABLISH A QUORUM Councilor II. INVOCATION Ginny McPherson A. Pastor Sean Mills, Redmond Church of God Seventh Day Councilor III. PLEDGE OF ALLEGIANCE

Ed Onimus IV. COMMENTS FROM CITIZENS AT THE MEETING Councilor

V. CONSENT AGENDA Jay Patrick A. Minutes of August 27, P.M. Council Meeting Exhibit 1 Councilor VI. PROCLAMATION A. 12th Anniversary of September 11, 2001 Exhibit 2 B. POW-MIA Awareness Day Exhibit 3 C. Suicide Prevention Month Exhibit 4

VII. ACTION ITEMS A. Intergovernmental Agreement with the Oregon Department of Exhibit 5 Transportation for the East Redmond Industrial Site

VIII. MAYOR’S COMMENTS

IX. COUNCIL COMMENTS

X. CITY MANAGER COMMENTS

XI. ADDITIONAL COMMENTS FROM CITIZENS AT THE MEETING

XII. ADJOURN

Regular Council meetings are broadcast live on COTV11 – BendBroadband Channel 11 beginning at 7:00 p.m. on the 2nd and 4th Tuesdays of each month. Rebroadcasts are scheduled for the non-meeting Tuesdays at 7:00 p.m., and Sunday at 1:00 p.m. Anyone needing accommodation to participate in the meeting must notify Mike Viegas, ADA Coordinator, at least 48 hours in advance of the meeting at 541-504-3032, or through the Telecommunications Relay Service (TRS) which enables people who have difficulty hearing or speaking in the telephone to communicate to standard voice telephone users. If anyone needs Telecommunications Device for the Deaf (TDD) or Speech To Speech (STS) assistance, please use one of the following TRS numbers: 1-800-735-2900 (voice or text), 1-877-735-7525 (STS English) or 1-800-735-3896 (STS Spanish). The City of Redmond does not discriminate on the basis of disability status in the admission or access to, or treatment, or employment in, its programs or activities

REGULAR CITY COUNCIL MEETING OF THE CITY OF REDMOND WAS HELD AUGUST 27, 2013, IN THE CITY COUNCIL CHAMBERS.

COUNCIL MEMBERS PRESENT: Tory Allman – Joe Centanni – George Endicott – Camden King – Ginny McPherson – Ed Onimus – Jay Patrick

STAFF PRESENT: City Manager Keith Witcosky – City Attorney Steve Bryant – Airport Director Kim Dickie – Police Chief Dave Tarbet – Public Works Director Bill Duerden – City Engineer Mike Caccavano – City Recorder Kelly Morse – Community Development Director Heather Richards – CIS Administrator Sheri Cleveland –– Finance/Budget Manager Jason Neff – Economic Development Program Manager Jon Williams – Senior Planner Sean Cook – Vehicle Maintenance Mechanic Mark Wilson – Sergeant Curtis Chambers – Police Officer Jonny Dickson – Airport Security Coordinator Nicole Jurgensen

MEDIA PRESENT: Leslie Pugmire-Hole, Redmond Spokesman – COTV

Mayor Endicott called the meeting to order at 7:00 p.m.

INVOCATION

Pastor Brad Goeman, Desert Song Community Church, led the invocation.

PLEDGE OF ALLEGIANCE

Councilor Onimus led the Pledge of Allegiance.

COMMENTS FROM CITIZENS AT THE MEETING

There were no comments from citizens at the meeting.

MAJOR REDMOND STREET CONSTRUCTION UPDATES

City Engineer Mike Caccavano updated the Council on major construction projects in Redmond including the reconstruction of 6th Street, improvements to SW Wickiup Avenue, and the 10th Street waterline.

CONSENT AGENDA A. Minutes of June 25, 2013 P.M. Council Meeting (Exhibit 1) B. Minutes of July 11, 2013 Joint Workshop with Deschutes County Board of Commissioners (Exhibit 2) C. Minutes of July 16, 2013 Special A.M. Council Meeting (Exhibit 3) D. Minutes of July 16, 2013 P.M. Council Meeting (Exhibit 4) E. Minutes of August 6, 2013, Special A.M. Council Meeting (Exhibit 5)

Councilor King moved, seconded by Councilor Patrick, to approve the Consent Agenda, motion passed. (Allman-yes, Centanni-yes, Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick- yes)

PRESENTATIONS A. Employee Spotlights, Keith Witcosky (Exhibit 6)

City Manager Keith Witcosky provided employee spotlights on Sergeant Curtis Chambers, Officer Jonny Dickson, and Vehicle Maintenance Mechanic Mark Wilson.

Police Chief Dave Tarbet explained the heroic efforts use by Sergeant Chambers and Officer Dickson to save the life of Redmond resident Cheryl Pattan. Sergeant Chambers and Officer Dickson were presented with life saving medals.

Page 2 – Redmond City Council Meeting – August 27, 2013

Public Works Director Bill Duerden shared that as a member of the Oregon Fire Service Honor Guard, Mr. Wilson had the honor of supervising the vigil for John Percin Jr. of West Linn, Oregon. Mr. Percin Jr. was one of the 19 Granite Mountain Hotshot firefighters that perished while fighting the Yarnell Hill fire in Arizona.

B. 4th Quarter Financial Report, Jason Neff (Exhibit 7)

Finance/Budget Manager Jason Neff presented the 4th quarter fiscal year 2012/2013 financial report, reviewed the dashboard, and answered questions from the Council. Mr. Neff noted that a comprehensive annual report on Juniper Golf Course will take place at a later date.

BID AWARD/BID REJECTION A. Armed Security Services at Roberts Field (Exhibit 8)

Airport Security Coordinator Nicole Jurgensen explained that in an effort to find ways to manage the reduction in funding and increased mandates for security, the staff researched combining the Airport’s armed and unarmed security services positions into one armed position. Ms. Jurgensen requested approval of a bid award to Rams Specialized Security Service, Inc. for Armed Security Services at Roberts Field. If approved, services will begin in September.

Councilor King moved, seconded by Councilor Patrick, to award the Armed Security Services contract to Rams Specialized Security Service, Inc. and authorize the City Manager to sign a one- year contract in an amount not to exceed $235,000 and further authorize the City Manager to extend the contract for four (4) additional one-year terms based on each fiscal year’s budget, motion passed. (Allman-yes, Centanni-yes, Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick-yes)

PUBLIC HEARINGS A. Ord. # 2013-09 – An ordinance amending the City of Redmond’s Comprehensive Plan Map and Zoning Map (Parks and Airport). (Exhibit 9)

Mayor Endicott opened the public hearing.

Senior Planner Sean Cook provided the Council with a presentation on Ord. #2013-09 which proposes amending the Redmond Comprehensive Plan Map and Zoning Map to accurately reflect park and airport lands. During the past 10 years, the City has acquired six properties which were converted to public parks with a variety of zoning designations. Staff proposes rezoning these park properties to the Park Zone. Those parks, which amount to 14.68 acres, are as follows:

1. Diamond Bar Park 2. Stack Park 3. Canyon Rim Park 4. Homestead Park 5. Fairhaven Park 6. Centannial Park

Staff also proposes rezoning areas of land located inside the Airport’s security fence from M-1 Light Industrial to the Airport Zone.

The Urban Area Planning Commission held a public hearing on June 18, 2013, and voted to recommend approval of the project.

Mr. Cook and Community Development Director Heather Richards addressed questions from the Council.

There being no further testimony, Mayor Endicott closed the public hearing.

Page 3 – Redmond City Council Meeting – August 27, 2013

Councilor Allman moved, seconded by Councilor Onimus, to have the first and second reading of Ord. #2013-09 by title only, motion passed. (Allman-yes, Centanni-yes, Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick-yes)

City Attorney Steve Bryant read the first and second reading of Ord. #2013-09, by title only.

Councilor Allman moved, seconded by Councilor Onimus, to approve Ord. #2013-09, roll call vote: Allman-yes, Centanni-yes, Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick-yes, motion passed.

B. Ord. # 2013-12 – An ordinance concerning the vacation of a portion of HF Jones Road 1907 (SW 39th Street) located north of SW Canal Boulevard and south of SW Badget Avenue. (Exhibit 10)

Mayor Endicott opened the public hearing.

Mr. Caccavano commented that the Council initiated the City’s request to vacate a portion of HF Jones Road 1907 at the July 16, 2013, Council meeting. The City has no plans to extend HF Jones Road, as a public street, north of Canal Boulevard. The City also needs to vacate the right-of-way in order to fulfill obligations described in the Dedication Agreement with the owners (Deschutes County Recording #2012- 25708). Public easements will be retained for existing and future utilities and allow for a public access trail. The City has obtained all of the necessary consents and utility easements. Staff supports the vacation.

There being no further testimony, Mayor Endicott closed the public hearing.

Councilor King moved, seconded by Councilor Patrick, to have the first and second reading of Ord. #2013-12 by title only, motion passed. (Allman-yes, Centanni-yes, Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick-yes)

City Attorney Steve Bryant read the first and second reading of Ord. #2013-12, by title only.

Councilor King moved, seconded by Councilor Patrick, to approve Ord. #2013-12, roll call vote: Centanni-yes, Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick-yes, Allman-yes, motion passed.

CONTRACT REVIEW BOARD A. Res. #2013-16 – A resolution of the City of Redmond Contract Review Board adopting findings supporting a permissive cooperative procurement for the purpose of purchasing a Wausau High Speed Rotary Snow Plow with Carrier Vehicle (Snow Plow) for the Redmond Municipal Airport and approving the use of the permissive cooperative procurement process as provided for in ORS 279A.215. (Exhibit 11)

Mayor Endicott convened the Contract Review Board.

Airport Director Kim Dickie requested the Boards approval of a permissive cooperative procurement process in order to “piggyback” onto an existing open contract with Jackson County, Oregon. Due to time constraints with the Federal Aviation Administration Airport Improvement Program #36 grant, approving an alternative procurement process allows the Airport to purchase the equipment without going through a formal bidding process thus avoiding potential loss of the grant. Per ORS 279B.055 (4)(b), a notice of the hearing was published with no oral or written comments being received.

Councilor Allman moved, seconded by Councilor, to adopt Res. #2013-16 permitting the use of the permissive cooperative procurement process in order to piggyback onto the contract with Jackson County for the purchase of a High Speed Rotary Snow Plow with Carrier Vehicle (SnoDozer 3131 chassis JV5000 Snow Blower) from Wausau Equipment Company, Inc. and authorize the City Manager to sign the contract in an amount not to exceed $584,000.00, motion Page 4 – Redmond City Council Meeting – August 27, 2013

passed. (Allman-yes, Centanni-yes, Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick- yes)

Endicott reconvened the Council.

ORDINANCES A. Ord. #2013-11 – An ordinance establishing Redmond City Code Section 6.260 pertaining to Airport parking and declaring an emergency. (Exhibit 12)

Ms. Dickie requested approval of Ord. #2013-11 which will add language to the City Code clarify parking regulations that the Airport is required to maintain.

Councilor King moved, seconded by Councilor Allman, to have the first and second reading of Ord. #2013-11 by title only, motion passed. (Allman-yes, Centanni-yes, Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick-yes)

City Attorney Steve Bryant read the first and second reading of Ord. #2013-11, by title only.

Councilor King moved, seconded by Councilor Allman, to approve Ord. #2013-11, roll call vote: Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick-yes, Allman-yes, Centanni-yes, motion passed.

ACTION ITEMS A. Intergovernmental Agreement with Central Oregon Irrigation District for canal trail development (Exhibit 13)

Ms. Richards described the Intergovernmental Agreement (IGA) with Central Oregon Irrigation District (COID) to construct multi-use trails along one side of COID’s canal and ditch rider roads. Per the IGA, the City will be responsible for:

1. Building the trail 2. Developing trail standards that are approved by COID 3. Maintaining the trail and impact to surrounding area including garbage, vandalism and trail amenities 4. Obtaining easements from underlying property owners for trail use.

Ms. Richards addressed questions from the Council.

Councilor King moved, seconded by Councilor Onimus, to authorize the City Manager to sign the Intergovernmental Agreement with Central Oregon Irrigation District for the purpose of developing and maintaining a multi-use trail network alongside the District’s canals, motion passed. (Allman- yes, Centanni-yes, Endicott-yes, King-yes, McPherson-yes, Onimus-yes, Patrick-yes)

MAYOR’S COMMENTS

Mayor Endicott spoke regarding a tour of the drug seized homes which have been rehabilitated by Youth Build and used by Housing Works as part of their Tutor Program. The Mayor and his father attended the recent air show in Madras where his father had an opportunity to sit in the cockpit of a P51. Mr. Endicott’s father flew P51’s during World War II.

COUNCIL COMMENTS

Councilor Allman stated that school will be starting soon and drivers are encouraged to use caution around those students walking or riding their bicycles to and from school.

Page 5 – Redmond City Council Meeting – August 27, 2013

Councilor King welcomed City Manager Keith Witcosky to the City and thanked Ms. Richards for her fund raising efforts for the Sam Johnson Park improvement project. Councilor King commented on Juniper Golf Course and the upcoming annual report. The US Cycling Masters Championship will take place in downtown Redmond on September 7-8, 2013. The event is expected to draw 1,000 riders and tourists to Redmond.

Councilor Centanni added to Councilor King’s comments by noting that the 1,000 riders will be coming from outside central Oregon and this will truly be an opportunity to showcase Redmond. Councilor Centanni also commented on the Housing Works tour and Tutor Program, the recent Redmond Economic Development, Inc. board meeting, and downtown Redmond “Cash Mobs”.

Councilor Patrick approached the Council regarding their interest in replacing the Council’s 6:45 A.M. workshops with 5:30 or 6:00 P.M. workshops. Mayor Endicott stated that one issue to resolve centers around review of the evening agenda which provided staff with an opportunity to address any issues throughout the day. Mayor Endicott suggested discussing the idea further at the next morning workshop.

Councilor McPherson also attended the Housing Works tour noting it was amazing to see the faces on the people getting the homes. Councilor McPherson commented that Juniper Golf Course looked wonderful during the Redmond Chamber of Commerce’s annual golf tournament. Councilor McPherson explained the Youth Build program which rehabilitated the Housing Works tutor homes.

Councilor Onimus encouraged citizens to shop local and business owners to hire local. Project Connect will hold a one day event on September 28, 2013, that matches a various social services to the needs of the homeless or those in danger of becoming homeless. Those interested in volunteering can visit www.volunteerconnectnow.org.

CITY MANAGER COMMENTS

City Manager Keith Witcosky recognized staff for their work during the recent flood at City Hall and Mr. Neff for his work on last fiscal year’s budget. Mr. Witcosky also thanked Assistant City Manager Sharon Harris for her work while serving as the Interim City Manager.

ADDITIONAL COMMENTS FROM CITIZENS AT THE MEETING

There were no additional comments from citizens at the meeting.

There being no further business, the meeting was adjourned at 8:30 p.m.

Prepared by Kelly Morse, City Recorder

APPROVED by the City Council and SIGNED by the Mayor this 10th day of September, 2013.

George Endicott, Mayor

ATTEST:

Kelly Morse, City Recorder City of Redmond PROCLAMATION

A proclamation designating September 11, 2013, as a citywide period of honor and support for the victims and families on the

12th Anniversary of September 11, 2001

WHEREAS, America is a country peopled by freedom-loving people of every race, creed, national origin, and religion; and

WHEREAS, Americans everywhere place a high value on life, liberty, and the pursuit of happiness; and

WHEREAS, those values are set forth and guaranteed within the Declaration of Independence and the United States Constitution; and

WHEREAS, September 11, 2013, is the 12th anniversary of the day that America was viciously and cowardly attacked by terrorists who share none of the values represented by America and cherished by Americans; and

WHEREAS, those terrorists attempted to disrupt, destroy, and forever change our democratic form of government and our way of life; and

WHEREAS, as a result of that cowardly attack thousands of innocent, unarmed Americans lost their lives; and

WHEREAS, Americans and freedom loving peoples everywhere condemned this attack on freedom, democracy, and life itself; and

WHEREAS, the American spirit of perseverance and the American values of life, liberty, and the pursuit of happiness will triumph over the hatred and evil that prompted this attack.

NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Redmond, Oregon, hereby proclaims September 11, 2013, to be a citywide period of honor and support for the victims and their families on the 12th anniversary of September 11, 2001, in the City of Redmond.

APPROVED by the City Council and SIGNED by the Mayor this 10th day of September, 2013.

The City of Redmond, Oregon

George Endicott, Mayor

ATTEST:

Kelly Morse, City Recorder City of Redmond PROCLAMATION

A proclamation designating September 20, 2013, as

POW-MIA Awareness Day

WHEREAS, the City of Redmond and the Veterans of Foreign Wars Deschutes Post 4108 are dedicated to public awareness of America’s POWs and MIAs; and

WHEREAS, the City of Redmond and the Veterans of Foreign Wars Deschutes Post 4108 show support of all organizations dedicated to bringing home all of America’s POWs and MIA’s; and

WHEREAS, the City of Redmond and the Veterans of Foreign Wars Deschutes Post 4108 show visual support within the community of their appreciation for current and past military personnel; and

WHEREAS, the City of Redmond and the Veterans of Foreign Wars Deschutes Post 4108 bring awareness of current issues involving those that are still missing and unaccounted for; and

WHEREAS, it is the intent of the City of Redmond and the Veterans of Foreign Wars Deschutes Post 4108 to never forget the men and women in the military for their sacrifices made to ensure America’s freedom.

NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Redmond, Oregon, hereby proclaims September 20, 2013, as the POW-MIA Awareness Day in the City of Redmond.

APPROVED by the City Council and SIGNED by the Mayor this 10th day of September, 2013.

The City of Redmond, Oregon

George Endicott, Mayor

ATTEST:

Kelly Morse, City Recorder City of Redmond PROCLAMATION

A proclamation designating the month of September 2013 as

Suicide Prevention Month

WHEREAS, suicide prevention is one of the most disruptive and tragic events a family or community can experience; and

WHEREAS, heightened awareness and education will encourage the development of strategies and support programs to help prevent suicide; and

WHEREAS, the City of Redmond has many agencies, professional staff and trained volunteers such as the Veterans of Foreign Wars who provide front line support in the fight against suicide; and

WHEREAS, a great many suicides are preventable; and

WHEREAS, the City of Redmond encourages research on suicide and suicide prevention.

NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Redmond, Oregon, hereby proclaims September 2013 as Suicide Prevention Month in the City of Redmond.

APPROVED by the City Council and SIGNED by the Mayor this 10th day of September, 2013.

The City of Redmond, Oregon

George Endicott, Mayor

ATTEST:

Kelly Morse, City Recorder

CITY OF REDMOND 716 SW Evergreen Avenue Community Development Department Redmond, OR 97756 (541) 923-7721 Fax: (541) 548-0706 www.ci.redmond.or.us

STAFF REPORT

DATE: September 10, 2013 TO: Mayor and Council Members THROUGH: Keith Witcosky, City Manager FROM: Heather Richards, Community Development Director SUBJECT: Intergovernmental Agreement with Oregon Department of Transportation – East Redmond Industrial Site

Addresses Council Goal: 3. ECONOMIC DEVELOPMENT, Encourage economic development by continuing to utilize business location incentives, ensuring an adequate supply of planned industrial, commercial and residential land, and supporting workforce development programs.

B. Work to attract larger employers that provide family wage jobs into Redmond.

Report in Brief: This action considers an Intergovernmental Agreement (IGA) between the City of Redmond and the Oregon Department of Transportation (ODOT) per SB 1544 enrolled in the 76th Oregon Legislative Assembly – 2012 Regular Session, that allows the City of Redmond to rezone 465 acres currently zoned Open Space Park Reserve (OSPR) to the East Redmond Industrial Site (ERIS) without determining whether the change will have a significant effect on existing or planned transportation facilities.

Attachment A: Intergovernmental Agreement No. 28621 Attachment B: Senate Bill 1544 Enrolled from the 2012 Oregon Legislative Assembly

Map: East Redmond Industrial Site

Current Comp Plan Map / Zone Map Draft Concept Rezone

------Attachments: Attachment A – Intergovernmental Agreement No. 28621 with ODOT Attachment B – SB 1544 Enrolled, 2012 Legislative Assembly

Background: In 2012, the Oregon State Legislature recognized that a large 465 acre site located within Redmond’s city limits, was a site of statewide strategic economic development importance that would contribute so significantly to the state’s economy, job base and ability to provide services that focused regulatory relief was a wise investment. Thus the legislature voted unanimously to support SB 1544 during the 76th Oregon Legislative Assembly in 2012 to allow the City of Redmond to rezone 465 acres of OSPR property to the East Redmond Industrial Site without determining whether the change will have a significant effect on existing or planned transportation facilities, exempting it from the Transportation Planning Rule.

The East Redmond Industrial Site is a unique site for many reasons. It is prime economic development land, in that it is located within the city limits, is served by water and sewer infrastructure, is in close proximity to Oregon Highway 126 and US Highway 97, is relatively flat, is currently unproductive, and is next to Roberts Field a commercial aviation airport serving the Central Oregon region. Furthermore this site was originally reserved for industrial zoning in Redmond’s first zoning map in 1971, but was rezoned OSPR in 1980 to support a Deschutes County Fairgrounds project, and when that finally located on another tract of land, this property could not be restored to its original industrial intentions due to the passage of the Transportation Planning Rule established in 1991.

The solution for the constraints afforded by the transportation planning rule was a $250 million dollar US Highway 97 bypass project. This project was not acknowledged as a funded project on any planning document within the next twenty years.

The City of Redmond tried to legislatively rezone this property back to an industrial zone in 2000 and a developer with several potential economic development projects submitted a land-use application in 2007 to rezone this property to industrial uses with a quasi-judicial effort. Both efforts failed due to the Transportation Planning Rule. A traffic impact analysis showed that three intersections on US Highway 97 were adversely impacted per performance standards in the Oregon Highway Plan and the zone change could not move forward.

Since 2007, Redmond has had several other economic development projects interested in this property due to its site assets. Most of those interests have been out-of-state interests. All have become immediately disinterested due to the zoning issues associated with the property.

SB 1544 provides an exemption to the Transportation Planning Rule for this site, and delineates a process for the City of Redmond to negotiate with the Oregon Department of Transportation towards an Intergovernmental Agreement that will identify the traffic impacts associated with the development of this site and projects to mitigate that impact.

Since the passage of SB 1544 the City of Redmond has been working with impacted property owners, the Department of Land Conservation and Development (DLCD) and ODOT executing the process delineated in SB 1544.

Per SB 1544, Section 1(3)(a), the City adopted an amended Limited Service Commercial Zone (C4A) on August 14, 2012.

Per SB 1544, Section 1(3)(a)(A), the Property Owners commissioned a neutral third party study (Johnson Reid, August 31, 2012, “Quantification of Support for Commercial Space in Industrial Park”) to determine the amount of limited service commercial development necessary to contain trips on a large industrial site and serve the needs of the employees. The Property Owners then agreed to reduce the overall allocation of limited service commercial acreage from the 18% afforded in SB 1544 per the Eastside Framework plan adopted on December 9, 2008, to the 10% suggested by the study.

------Attachments: Attachment A – Intergovernmental Agreement No. 28621 with ODOT Attachment B – SB 1544 Enrolled, 2012 Legislative Assembly

Per SB 1544, Section 1(3)(a)(C), the City negotiated with ODOT and the impacted Property Owners to relocate the identified limited service commercial property from a frontage position OR Highway 126 to an internal position on the site.

Per SB 1544, Section 1(4)(a), the City commissioned a Transportation Impact Analysis (Kittleson & Associates, Inc., December 28, 2012, amended May 21, 2013, “Senate Bill 1544 Transportation Analysis”) for the site to establish a baseline for the negotiated agreement with ODOT required by Section 1(3)(c).

Discussion: The basis of SB 1544 is the agreement required between the City of Redmond and ODOT.

Subject to subsection (4) of this section, the city shall address the transportation impacts for the East Redmond Industrial Site by entering into an agreement with other providers of transportation facilities, including but not limited to the Department of Transportation, to plan for transportation improvements appropriate to accommodate the amount and types of traffic projected to be generated by development within the East Redmond Industrial Site.

The agreement must:

Identify and list planned transportation improvements and contain a description of the anticipated timing and financial responsibility for funding the improvements; and

Be adopted as part of the Transportation System Plan of the city.

The transportation improvements in the agreement must be based on practical design principles and may be funded with existing and planned transportation funding sources available to the city within the planning horizon.

The city must acknowledge that the full impacts of the proposed land use action to the transportation system may not be fully accommodated by the transportation improvements contained in the agreement required under this section and that the department may not be responsible for funding additional transportation improvements to reduce motor vehicle traffic congestion that may occur due to the development of the East Redmond Industrial Site; and

The department must acknowledge that the transportation improvements identified in the agreement may not be sufficient to meet the Highway Mobility Targets of the department as described in the Oregon Highway Plan. SB 1544 – Oregon Legislative Assembly, 2012

The City of Redmond and ODOT staff have been negotiating the terms of the Agreement since January, 2013.

Per IGA No. 28621 with ODOT, the City’s obligations include the following:

1) Adopt a Limited Service Commercial Zone – Adopted August 14, 2012 by Ordinance No. 2012-10.

2) Adopt a Comprehensive Plan / Zone Map amendment that maintains at least one lot or parcel of at least 50 acres to be used for industrial or traded sector employment use; limits the commercial to 10% of the overall acreage; and locates the commercial acreage internal to the site and not on the frontage of Highway OR 126.

3) Amend the city’s Transportation Systems Plan (TSP) to include the agreed upon Transportation Mitigation Plan’s projects and actions (Exhibit B of IGA Agreement No. 28621 with ODOT).

4) Acknowledge that the full impacts of the proposed land use action to the transportation system may not be fully mitigated by the transportation improvements identified and the State may not ------Attachments: Attachment A – Intergovernmental Agreement No. 28621 with ODOT Attachment B – SB 1544 Enrolled, 2012 Legislative Assembly

be responsible for funding additional transportation improvements to reduce traffic congestion from the development of the ERIS.

Obligation No. 1 has been completed.

Obligation No. 2 will be completed after the successful processing of a land-use application by the Property Owners for a Comp Plan Map / Zone Map amendment.

Obligation No. 3 will be completed in the next six months. The projects identified are primarily already in the city’s TSP with some amended projects per Table 1 below. These projects focus on improving a local north-south transportation network east of US 97 to relieve congestion on US 97, without anticipating the construction of a US 97 Reroute Phase II in Redmond. There is no anticipated impact to the city’s transportation System Development Charge (SDC) methodology, and the transportation SDCs provided by the development on the East Redmond Industrial Site should pay for the additional costs associated with the improvements. Table 2 provides the anticipated timing for the need of the improvement projects.

Table 1: Summary of TSP Amendments (From December 2012 Kittleson Report) Cost Relative to # Location 2008 TSP Recommendation Improvement Identified TSP OR 126 (US 97 Widen to three lanes from US 97 None specific to SB 1544 lands; No change 1 to Veteran’s to Veteran’s Way ($7,535,000) widening to three lanes may still Way) be required long-term. Extend Reroute Alt 3B to Quarry Create parallel capacity to US 97 -$243.8 Interchange ($226,140,000), through 9th Street extension, Million US 97 Reroute construct Airport Way interchange remove reliance on Reroute Phase 2 Extension to ($6,450,000). Construct 2 for the City transportation Quarry Road Quarry/Helmholtz interchange system plan. ($11,250,000). None identified. Prioritize and improve west to +$200,000 Maple Avenue/ south movements to enhance for turn lanes 3 9th Street attractiveness of 9th Street (not capacity based need) Add a westbound right-turn lane Provide alternative routes, Turn lane US 97/ ($250,000) alternative mobility standards, may still be 4 Evergreen safety, and consider TDM required Avenue strategies to minimize demand. US 97/ Add an eastbound right-turn lane No change, completed. No change 5 Highland Avenue ($250,000) TSP identifies new turn lanes if Provide alternative routes, Turn lanes US 97/ Reroute Phase 2 is not constructed alternative mobility standards, may still be 6 Veteran’s Way ($1,500,000). safety, and consider TDM required. strategies to minimize demand. Signalize ($250,000) Add new turn lanes and upstream TSP Costs are OR 126/ 7 speed transition treatments for low; Veteran’s Way signalization. +$500,000 OR 126/9th Add turn lanes and Signalize No change. No change 8 Street ($1,500,000) 9th Street Extend 9th Street from Airport Way No change. No change 9 Extension to OR 126 ($2,925,000) Construct a roundabout at Airport Modify to reconstruct as a four- TSP Costs are Way/Veteran’s Way ($800,000). legged intersection and install a low; Veteran’s Way/ 10 roundabout +$400,000 Airport Way ($1.2M total)

11 9th Street Improve 9th Street to minor No change. No change

------Attachments: Attachment A – Intergovernmental Agreement No. 28621 with ODOT Attachment B – SB 1544 Enrolled, 2012 Legislative Assembly

Improvements arterial standards between OR 126 and Hemlock ($2,730,000) 9th Street/ Signalize when warranted No change. No change 12 Hemlock ($250,000) TSP suggests disconnecting Lake Change TSP recommendation to Road when 9th Street connection is retain Lake Rd connection to OR -$250,000 13 Lake Road complete ($250,000) 126 to link Veteran’s Way and OR 126. US 97 NB Ramp/ Signalize; note that the traffic No change. No change 14 Yew Avenue signal has been installed. US 97 SB Ramp/ Signalize; note that the traffic No change. No change 15 Yew Avenue signal has been installed. Airport Way/19th Construct a roundabout with Change TSP to signalize when No change to 16 Street extension of 19th Street 19th Street is extended and costs Intersection ($800,000) connect signal to BNSF crossing

Table 2. Timing of Improvements (From May 2013 Kittleson Report) Estimated Phasing Construction # Improvement Identified Options Timing Cost Amend TSP to include construction of None Initial approval $0 new north-south turn lanes and 1 signalize the 9th Street/Hemlock intersection when warranted Amend TSP to retain full access at None Initial approval $0 2 Lake Amend TSP to retain Veteran’s None Initial approval $0 3 Way/Airport Road alignment Adopt alternate mobility standards for Consider interim Initial approval $0 US 97 between Evergreen Avenue alt. mobility until 4 and Veteran’s Way adoption of updated TSP Install new left-turn lanes and a None Initial site $500,000 5 westbound right-turn lane at the OR development 126/Veteran’s Way Intersection TDM Measures, such as carpool Program Unknown Unknown matching, improved transit service, elements can be multimodal infrastructure, added over time 6 information/outreach, shift scheduling and as development occurs Modify the all-way stop-controlled None Prior to 757 Varies based on intersection of Veteran’s Way/10th weekday p.m. option selected, 7 Street to provide uncontrolled peak hour trips est. $50,000 through movements Install a northbound left-turn lane at None Prior to 757 $250,000 8 the 9th Street intersection with Antler weekday p.m. Avenue peak hour trips Install new left-turn lanes and None Prior to 757 $1,500,000 9 reconfigure the OR 126/9th Street weekday p.m. intersection peak hour trips Complete the 9th Street Extension None Prior to 757 $2,925,000 10 between OR 126 and Airport Way weekday p.m. peak hour trips Signalize the OR 126 Intersection None With 9th Street $350,000 11 with 9th Street extension project

------Attachments: Attachment A – Intergovernmental Agreement No. 28621 with ODOT Attachment B – SB 1544 Enrolled, 2012 Legislative Assembly

Construct a single lane roundabout at None With 9th Street $1,200,000 12 the Airport Way/Veteran’s Way/9th extension Street intersection project Signalize the OR 126 Intersection Approach When $500,000 with Veteran’s Way when warranted, treatments could warranted 13 provide additional widening for turn occur prior to lanes (as needed), and construct signalization approach treatments

Obligation No. 4 is satisfied with the signing of the agreement. It is important to realize that the anticipated traffic congestion at the impacted intersections of US 97 and Evergreen Avenue, US 97 and Glacier/Highland, and US 97 and Veteran’s Way is higher than the threshold established in the Oregon Highway Plan and that the Oregon Transportation Commission will need to adopt alternative mobility targets for these intersections as part of this process.

In order to establish alternative mobility targets for these intersections the City of Redmond followed a process outlined in a memo from Region 2 of ODOT, dated December 30, 2009. This interoffice memo provided a recommendation of a series of steps to evaluate when considering alternative mobility targets on Oregon highways.

1. Identify all feasible improvements (based on reasonable expectations of funding likely through the

planning horizon). 2. If the intersection meets the mobility target with improvements, no changes are needed. 3. If the intersection is greater than the mobility target but less than a v/c ratio of 1.0, establish the standard based on the projected performance. 4. Identify whether the overall hour (versus the 15 minute peak) can remain below a v/c ratio of 1.0. th 5. Consider the average annual v/c ratio rather than the 30 highest design hour. 6. Consider an alternative analysis period (such as second highest hour). 7. All changes to highway mobility targets need to request adoption from the OTC.

December 30, 2009 interoffice memo Methodology for OHP Alternate Mobility Standards in Region 2, written by Erik Havig.

The results of applying these steps to the impacted intersections are shown below in Tables 3, 4 and 5, with an estimated average delay experienced by a user. The baseline for the analysis is a snapshot in Year 2030 that includes full-build out of the city limits as planned including the East Redmond Industrial Site with no additional planned transportation improvements over the next twenty years other than what is currently planned in the TSP and what will be amended with the successful signing of IGA No. 28621 with ODOT. The “Proposed Zoning” and “Feasible Improvements” of the Tables 3,4 and 5 represent the experience of a user during the 15 minute peak of the 30th highest design hour in that twenty year th planning horizon. The “Hourly Analysis” evaluates the overall hour of the 30 highest design hour (versus the 15 minute peak) in that twenty year planning horizon, and the “2nd Highest Hourly Analysis” evaluates the ½ hour segments on each end of the peak hour, for example if the peak hour is 4:30 – 5:30 PM, the 2nd Highest Hourly Analysis evaluates 4:00 – 6:00 PM. The analysis shows that the greatest impact is at US 97 and Evergreen in terms of local congestion.

------Attachments: Attachment A – Intergovernmental Agreement No. 28621 with ODOT Attachment B – SB 1544 Enrolled, 2012 Legislative Assembly

Table 3. Year 2030 US 97/Evergreen Intersection Operations with SB 1544 Rezone Scenario v/c Ratio Average Control Delay Level of Service Proposed Zoning 1.27 132.8 sec/veh LOS F Feasible Improvements 1 1.24 116.7 sec/veh LOS F (TDM and Infrastructure) Hourly Analysis 2 1.17 99.8 sec/veh LOS F (includes measures above) Average Annual Hourly 3 1.07 77.6 sec/veh LOS E (includes measures above) 2nd Highest Hourly 4 1.00 64.8 sec/veh LOS E (includes measures above) 1 TDM and infrastructure reductions are identified in the December 28, 2012 traffic study. This includes the following assumptions: a) Rerouting a total of 92 p.m. peak hour trips from the intersection with the Airport Way – 9th Street extension; b) Reducing ITE trip rates by 10% with supporting TDM policies and measures. 2 Existing Peak hour factor at US 97/Evergreen Avenue is 0.92, assumed 2030 baseline PHF is 0.95, and the hourly analysis scenario assumes a PHF of 1.0. 3 Review of ATR Station 09-22 (0.02 miles north of Antler Avenue) shows an average weekday factor of 0.99 to the April counts (versus a 1.16 30th highest hourly adjustment factor for US 97 and 1.09 for OR 126). Adjustment factors were applied through the NCHRP 2-55 methodology and do not directly correlate to the volume difference.

Table 4. Year 2030 US 97/Highland Intersection Operations with SB 1544 Rezone Scenario v/c Ratio Average Control Delay Level of Service Proposed Zoning 0.72 19.7 sec/veh LOS B Feasible Improvements 1 0.69 18.8 sec/veh LOS B (TDM and Infrastructure) Hourly Analysis 2 0.66 17.6 sec/veh LOS B (includes measures above) Average Annual Hourly 3 0.65 16.9 sec/veh LOS B (includes measures above) 2nd Highest Hourly 4 0.62 15.4 sec/veh LOS B (includes measures above) 1 TDM and infrastructure reductions are identified in the December 28, 2012 traffic study. This includes the following assumptions: a) Rerouting a total of 92 p.m. peak hour trips from the intersection with the Airport Way – 9th Street extension; b) Reducing ITE trip rates by 10% with supporting TDM policies and measures. 2 Existing Peak hour factor at US 97/Evergreen Avenue is 0.92, assumed baseline 2030 PHF is 0.95, and this scenario assumes a PHF of 1.0. 3 Review of ATR Station 09-22 (0.02 miles north of Antler Avenue) shows an average weekday factor of 0.99 to the April counts (versus a 1.16 30th highest hourly adjustment factor for US 97 and 1.09 for OR 126). Adjustment factors were applied through the NCHRP 2-55 methodology and do not directly correlate to the volume difference. 4 The peak hour occurred between 4:30 and 5:30; counts shows that currently, the two-hour period encompassing half an hour on either side of this period (4:00 to 6:00 p.m.) results in a second-highest hourly analysis factor of 0.93.

------Attachments: Attachment A – Intergovernmental Agreement No. 28621 with ODOT Attachment B – SB 1544 Enrolled, 2012 Legislative Assembly

Table 5. Year 2030 US 97/Veteran’s Way Intersection Operations with SB 1544 Rezone Scenario v/c Ratio Average Control Delay Level of Service Existing Zoning 0.92 56.9 sec/veh LOS E Proposed Zoning 0.98 62.5 sec/veh LOS E Feasible Improvements 1 0.93 62.2 sec/veh LOS E (TDM and Infrastructure) Hourly Analysis 2 0.92 51.6 sec/veh LOS D (includes measures above) Average Annual Hourly 3 0.86 43.9 sec/veh LOS D (includes measures above) 2nd Highest Hourly 4 0.78 38.4 sec/veh LOS D (includes measures above) 1 TDM and infrastructure reductions are identified in the December 28, 2012 traffic study. This includes the following assumptions: a) Rerouting a total of 92 p.m. peak hour trips from the intersection with the Airport Way – 9th Street extension; b) Reducing ITE trip rates by 10% with supporting TDM policies and measures. 2 Existing Peak hour factor at US 97/Evergreen Avenue is 0.92, assumed baseline 2030 PHF is 0.95, and this scenario assumes a PHF of 1.0. 3 Review of ATR Station 09-22 (0.02 miles north of Antler Avenue) shows an average weekday factor of 0.99 to the April counts (versus a 1.16 30th highest hourly adjustment factor for US 97 and 1.09 for OR 126). Adjustment factors were applied through the NCHRP 2-55 methodology and do not directly correlate to the volume difference. 4 Counts shows that currently, the two-hour period encompassing half an hour on either side of the 4:30 to 5:30 peak period (4:00 to 6:00 p.m.) results in a second-highest hourly analysis factor of 0.95.

Per IGA No. 28621, the State’s obligations include the following:

1) Prepare and present to the Oregon Transportation Commission alternative mobility targets as described in the Agreement (Tables 3, 4 and 5 of this Staff Report).

2) Acknowledge that the transportation improvements identified in the Agreement many not be sufficient to meet the Oregon Highway Plan mobility targets.

If the IGA is signed, the next steps would be to process a land-use application for the Comprehensive Plan Map / Zone Map amendment and a Transportation System Plan update.

Fiscal Impact: It is not expected that the City will incur any additional costs associated with this Agreement.

Alternative Courses of Action: 1. Authorize the Mayor to sign Intergovernmental Agreement No. 28621 with the Oregon Department of Transportation. 2. Request more information. 3. Direct the Mayor not to sign Intergovernmental Agreement No. 28621 with the Oregon Department of Transportation.

Recommendation/Suggested Motion: “I move to authorize the Mayor to sign Intergovernmental Agreement No. 28621 with the Oregon Department of Transportation for the East Redmond Industrial Site.”

Heather Richards Community Development Director ------Attachments: Attachment A – Intergovernmental Agreement No. 28621 with ODOT Attachment B – SB 1544 Enrolled, 2012 Legislative Assembly

Misc. Contracts & Agreements No. 28621

INTERGOVERNMENTAL AGREEMENT Redmond Eastside Industrial Zone Change City of Redmond

THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State," and the CITY OF REDMOND, acting by and through its elected officials, hereinafter referred to as "City", collectively referred to hereinafter as the “Parties”.

RECITALS

1. By the authority granted in Oregon Revised Statute (ORS) 190.110, state agencies may enter into agreements with units of local government for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform. 2. The Dallas-California Highway, US 97, Highway 4, and the Ochoco Highway, OR 126, Highway 41 are part of the State highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 3. City wishes to rezone 465 acres of Open Park Space Reserve (OSPR) identified on the City’s 2020 Greater Redmond Area Comprehensive Plan and Zone Map, marked Exhibit A, attached hereto and by this reference made a part hereof, from OSPR to Industrial, hereinafter referred to as East Redmond Industrial Site (ERIS). 4. Senate Bill 1544 (SB1544) exempts City from determining whether the rezone of the ERIS will have a significant effect on existing or planned transportation facilities. Implementation of said exemption is contingent upon a sequence of actions occurring between State and City. 5. City commissioned a Traffic Impact Analysis (TIA) dated December 2012 with a supplement dated May, 2013 which concludes that development of the ERIS consistent with the provisions of SB1544 will impact the operation of the transportation system. 6. City and ODOT have developed a mitigation strategy based on the TIA described in this agreement that: (1) identifies and lists transportation improvements appropriate to the amount and types of traffic generated within the ERIS; and (2) acknowledges the acceptance of higher levels of congestion through the development of alternative mobility targets.

NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the parties hereto as follows:

City of Redmond/ODOT Agreement No. 28621

TERMS OF AGREEMENT 1. The Parties agree that City and State shall work cooperatively to successfully implement SB1544. This Agreement identifies the commitments of each Party. 2. The Parties agree herein to a Transportation Mitigation Plan as shown in Exhibit B attached hereto and by this reference made a part hereof that: (a) identifies and lists planned transportation improvements and contains a description of the anticipated timing and financial responsibility for funding the improvements; (b) will be adopted into City’s Transportation System Plan; (c) be based on practical design principles; and (d) be funded with existing and planned transportation funding sources available to City within the planning horizon. 3. The Parties agree to utilize information in the TIA commissioned by City to establish alternative mobility targets as necessary to rezone the ERIS as shown in Exhibit C, attached hereto and by this reference made a part hereof. The Parties understand that the Summary of Alternative Mobility Targets identified in Exhibit C are recommendations to the OTC and subject to the OTC’s approval and contingent on City completing its land use actions identified under City Obligations. Once approved, the alternative mobility targets will constitute an amendment to the Oregon Highway Plan. 4. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate on January 2, 2015 on which date this Agreement automatically terminates unless extended by a fully executed amendment. 5. The terms of this Agreement may be amended by mutual written consent of the Parties so long as such amendments are consistent with the terms of Senate Bill 1544 (SB1544).

CITY OBLIGATIONS

1. City agrees to prepare a zoning designation or zoning overlay and present to the City Council for adoption, as shown in Exhibit D, labeled, “Limited Service Commercial Zone Adopted August 14, 2012 by Ordinance No. 2012-10, Article I, Zoning Standards – Development Code Amendments” That zoning designation or zoning overlay will restrict retail commercial activities within the ERIS to activities that:

a. Are necessary to support the planned employment uses;

b. Are not large-scale retail commercial activities (as defined by in the city’s land use regulations);

c. Will help contain overall trips within the site and;

City of Redmond/ODOT Agreement No. 28621

2. City agrees to present to the City Council for adoption a Comprehensive Plan / Zone Map change as identified in Exhibit E that:

a. Maintains at least one lot or parcel of at least fifty (50) acres to be used for industrial or traded-sector employment use.

b. Limits the commercial acreage to ten (10) percent of the overall acreage; and

c. Locates the commercial acreage internal to the site and not on the frontage of Highway OR 126.

3. City agrees to initiate and update the city’s Transportation System Plan (TSP) to include agreed upon Transportation Mitigation Plan with detailed projects and actions as identified in Exhibit B and present to City Council for adoption within 24 months of the adoption of zone changes.

4. City acknowledges that the full impacts of the proposed land use action to the transportation system may not be fully mitigated by the transportation improvements identified herein and State may not be responsible for funding additional transportation improvements to reduce traffic congestion from the development of the ERIS.

5. City certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of City, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind City.

6. City’s Project Manager for this Project is Heather Richards – Community Development Director, 716 SW Evergreen Avenue, Redmond, OR 97756, (541) 923-7756, [email protected], or assigned designee upon individual’s absence. City shall notify the State in writing of any contact information changes during the term of this Agreement.

STATE OBLIGATIONS

1. State shall prepare and present to the OTC alternative mobility targets as described in TERMS OF AGREEMENT, Paragraphs 3, within four (4) months of the date of this Agreement or 28 days of the date the City completes the land use actions described in Paragraphs 1 and 2 of “City Obligations” above, whichever occurs later.

2. State acknowledges that the transportation improvements identified herein may not be sufficient to meet the Oregon Highway Plan mobility targets.

City of Redmond/ODOT Agreement No. 28621

3. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget.

4. State’s Project Manager for this Project is Jim Bryant – Region 4 Interim Planning Manager, 63055 N. Highway 97, Bend, OR 97701, (541) 388-6437, [email protected], or assigned designee upon individual’s absence. State shall notify the City in writing of any contact information changes during the term of this Agreement.

GENERAL PROVISIONS

1. This Agreement may be terminated by mutual written consent of both Parties.

2. State may terminate this Agreement effective upon delivery of written notice to City, or at such later date as may be established by State, under any of the following conditions:

a. If the City Council does not approve the zone change for the subject parcel.

b. If City fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize.

c. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source.

3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination.

4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or City with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim

City of Redmond/ODOT Agreement No. 28621

with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim.

5. With respect to a Third Party Claim for which State is jointly liable with City (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by City in such proportion as is appropriate to reflect the relative fault of State on the one hand and of City on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of City on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State’s contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.

6. With respect to a Third Party Claim for which City is jointly liable with State (or would be if joined in the Third Party Claim), City shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of City on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of City on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. City's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.

7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation

8. Each party acknowledges and agrees that the other Party, the Oregon Secretary of State’s Office, the federal government and their duly authorized representatives shall have access to the books, documents, papers, and records of the other Party which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts and transcripts during the course of and for a period of six (6) years after termination of this Agreement. Copies of

City of Redmond/ODOT Agreement No. 28621

applicable records shall be made available upon request. Payment for cost of copies is reimbursable by either Party.

9. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original.

10. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision.

11. Neither Party is, by virtue of this Agreement, a partner or joint venture with the other in connection with activities carried out under this Agreement, and neither party shall have any obligation with respect to the other’s debts or any other liabilities of any kind or nature except as specifically provided in this Agreement.

12. The Parties intend that, in an impasse or disagreement should occur on issues pertaining to this Agreement, a collaborative process will be initiated to resolve the difference. In the event of any issue in controversy under this Agreement, the parties will first purse alternative Dispute Resolution procedures to voluntarily resolve those issues, including but not limited to conciliation, facilitation, mediation and fact finding. In the event that Alternative Dispute Resolution is unsuccessful, this Agreement shall be governed by Oregon Laws, and if a suit is filed to enforce its terms, venue shall be in Marion County.

THE PARTIES, by execution of this Agreement, hereby acknowledges that its signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions.

Signature Page Follows

City of Redmond/ODOT Agreement No. 28621

CITY OF REDMOND, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation

By ______By ______Mayor Region 4 Manager Date______Date ______APPROVAL RECOMMENDED By ______By ______Date ______Region 4 Program and Planning Manager APPROVED AS TO LEGAL SUFFICIENCY Date ______

By ______City Counsel APPROVED AS TO LEGAL Date ______SUFFICIENCY By______Assistant Attorney General Date:______

City Contact: Heather Richards Community Development Director 716 SW Evergreen Avenue Redmond, OR 97756 (541) 923-7756 [email protected]

State Contact: Jim Bryant Region 4 Interim Planning Manager 63055 N Highway 97 Bend, OR 97701 (541) 388-6437 [email protected]

City of Redmond/ODOT Agreement No. 28621

EXHIBIT A

City of Redmond/ODOT Agreement No. 28621

EXHIBIT B Transportation Mitigation Plan

Summary of Projects, Needs, and Phasing: Estimated Phasing Construction # Improvement Identified Options Timing Cost Amend TSP to include construction of None Initial approval $0 new north-south turn lanes and 1 signalize the 9th Street/Hemlock intersection when warranted Amend TSP to retain full access at None Initial approval $0 2 Lake Amend TSP to retain Veteran’s None Initial approval $0 3 Way/Airport Road alignment Adopt alternate mobility standards for Consider interim Initial approval $0 US 97 between Evergreen Avenue alt. mobility until 4 and Veteran’s Way adoption of updated TSP Install new left-turn lanes and a None Initial site $500,000 5 westbound right-turn lane at the OR development 126/Veteran’s Way Intersection TDM Measures, such as carpool Program Unknown Unknown matching, improved transit service, elements can be multimodal infrastructure, added over time 6 information/outreach, shift scheduling and as development occurs Modify the all-way stop-controlled None Prior to 757 Varies based on intersection of Veteran’s Way/10th weekday p.m. option selected, 7 Street to provide uncontrolled peak hour trips est. $50,000 through movements Install a northbound left-turn lane at None Prior to 757 $250,000 8 the 9th Street intersection with Antler weekday p.m. Avenue peak hour trips Install new left-turn lanes and None Prior to 757 $1,500,000 9 reconfigure the OR 126/9th Street weekday p.m. intersection peak hour trips Complete the 9th Street Extension None Prior to 757 $2,925,000 10 between OR 126 and Airport Way weekday p.m. peak hour trips Signalize the OR 126 Intersection None With 9th Street $350,000 11 with 9th Street extension project Construct a single lane roundabout at None With 9th Street $1,200,000 12 the Airport Way/Veteran’s Way/9th extension Street intersection project Signalize the OR 126 Intersection Approach When $500,000 with Veteran’s Way when warranted, treatments could warranted 13 provide additional widening for turn occur prior to lanes (as needed), and construct signalization approach treatments

City of Redmond/ODOT Agreement No. 28621

EXHIBIT C

Summary of Alternative Mobility Targets:

In 2012, the intersection of US 97/Evergreen Avenue operates with a volume-to-capacity (v/c) ratio of 0.76 during the peak fifteen (15) minutes of the thirtieth (30th ) highest hour. Under a “with rezone” and without mitigation scenario the intersection demand to capacity could exceed capacity, meaning more vehicles arrive than can be processed through the intersection.

Following guidance of State’s December 30, 2009 interoffice memo1, the following steps are provided for setting alternative mobility targets:

1. Identify all feasible improvements (based on reasonable expectations of funding likely through the planning horizon). 2. If the intersection meets the mobility target with improvements, no changes are needed. 3. If the intersection is greater than the mobility target but less than a v/c ratio of 1.0, establish the standard based on the projected performance. 4. Identify whether the overall hour (versus the 15 minute peak) can remain below a v/c ratio of 1.0. 5. Consider the average annual v/c ratio rather than the 30th highest design hour. 6. Consider an alternative analysis period (such as second highest hour). 7. All changes to highway mobility targets need to request adoption from the OTC.

These same steps are identified within the Planning Business draft for Alternative Mobility Targets.2 Based on these outlined steps, the potential mitigation measures identified above were considered as part of item 1, identify all feasible improvements.

The results of applying these measures are shown below in Tables 1, 2 and 3, along with the additional required steps based on the ODOT alternative mobility methodology.

1 December 30, 2009 interoffice memo Methodology for OHP Alternate Mobility Standards in Region 2, written by Erik Havig. 2 Pre-dated draft 2013 Planning Business Line Item Operational Notice, Alternative Mobility Targets, number PB-02.

City of Redmond/ODOT Agreement No. 28621

Table 1. Year 2030 US 97/Evergreen Intersection Operations with SB 1544 Rezone Scenario v/c Ratio Average Control Level of Service Delay Proposed Zoning 1.27 132.8 sec/veh LOS F Feasible Improvements 1.24 116.7 sec/veh LOS F (TDM and Infrastructure)1 Hourly Analysis 1.17 99.8 sec/veh LOS F (includes measures above)2 Average Annual Hourly 1.07 77.6 sec/veh LOS E (includes measures above)3 2nd Highest Hourly 1.00 64.8 sec/veh LOS E (includes measures above)4 1 TDM and infrastructure reductions are identified in the December 28, 2012 traffic study. This includes the following assumptions: a) Rerouting a total of 92 p.m. peak hour trips from the intersection with the Airport Way – 9th Street extension; b) Reducing ITE trip rates by 10% with supporting TDM policies and measures. 2 Existing Peak hour factor at US 97/Evergreen Avenue is 0.92, assumed 2030 baseline PHF is 0.95, and the hourly analysis scenario assumes a PHF of 1.0. 3 Review of ATR Station 09-22 (0.02 miles north of Antler Avenue) shows an average weekday factor of 0.99 to the April counts (versus a 1.16 30th highest hourly adjustment factor for US 97 and 1.09 for OR 126). Adjustment factors were applied through the NCHRP 2-55 methodology and do not directly correlate to the volume difference.

Table 2. Year 2030 US 97/Highland Intersection Operations with SB 1544 Rezone Scenario v/c Ratio Average Control Level of Service Delay Proposed Zoning 0.72 19.7 sec/veh LOS B Feasible Improvements 0.69 18.8 sec/veh LOS B (TDM and Infrastructure)1 Hourly Analysis 0.66 17.6 sec/veh LOS B (includes measures above)2 Average Annual Hourly 0.65 16.9 sec/veh LOS B (includes measures above)3 2nd Highest Hourly 0.62 15.4 sec/veh LOS B (includes measures above)4 1 TDM and infrastructure reductions are identified in the December 28, 2012 traffic study. This includes the following assumptions: a) Rerouting a total of 92 p.m. peak hour trips from the intersection with the Airport Way – 9th Street extension; b) Reducing ITE trip rates by 10% with supporting TDM policies and measures. 2 Existing Peak hour factor at US 97/Evergreen Avenue is 0.92, assumed baseline 2030 PHF is 0.95, and this scenario assumes a PHF of 1.0. 3 Review of ATR Station 09-22 (0.02 miles north of Antler Avenue) shows an average weekday factor of 0.99 to the April counts (versus a 1.16 30th highest hourly adjustment factor for US 97 and 1.09 for OR 126). Adjustment factors were applied through the NCHRP 2-55 methodology and do not directly correlate to the volume difference. 4 The peak hour occurred between 4:30 and 5:30; counts shows that currently, the two-hour period encompassing half an hour on either side of this period (4:00 to 6:00 p.m.) results in a second-highest hourly analysis factor of 0.93.

City of Redmond/ODOT Agreement No. 28621

Table 3. Year 2030 US 97/Veteran’s Way Intersection Operations with SB 1544 Rezone Scenario v/c Ratio Average Control Level of Service Delay Existing Zoning 0.92 56.9 sec/veh LOS E Proposed Zoning 0.98 62.5 sec/veh LOS E Feasible Improvements 0.93 62.2 sec/veh LOS E (TDM and Infrastructure)1 Hourly Analysis 0.92 51.6 sec/veh LOS D (includes measures above)2 Average Annual Hourly 0.86 43.9 sec/veh LOS D (includes measures above)3 2nd Highest Hourly 0.78 38.4 sec/veh LOS D (includes measures above)4 1 TDM and infrastructure reductions are identified in the December 28, 2012 traffic study. This includes the following assumptions: a) Rerouting a total of 92 p.m. peak hour trips from the intersection with the Airport Way – 9th Street extension; b) Reducing ITE trip rates by 10% with supporting TDM policies and measures. 2 Existing Peak hour factor at US 97/Evergreen Avenue is 0.92, assumed baseline 2030 PHF is 0.95, and this scenario assumes a PHF of 1.0. 3 Review of ATR Station 09-22 (0.02 miles north of Antler Avenue) shows an average weekday factor of 0.99 to the April counts (versus a 1.16 30th highest hourly adjustment factor for US 97 and 1.09 for OR 126). Adjustment factors were applied through the NCHRP 2-55 methodology and do not directly correlate to the volume difference. 4 Counts shows that currently, the two-hour period encompassing half an hour on either side of the 4:30 to 5:30 peak period (4:00 to 6:00 p.m.) results in a second-highest hourly analysis factor of 0.95.

City of Redmond/ODOT Agreement No. 28621

EXHIBIT D

Limited Service Commercial Zone, Adopted August 14, 2012, by Ordinance No. 2012-10:

Article I, Zoning Standards – Development Code Amendments

Development Code Amendments (new text is red; deleted text is strikethrough, unless otherwise stated):

COMMERCIAL USE ZONES

Amend Section 8.0020

Boarding or Rooming House. An owner occupied residence containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. A building containing five (5) or less guest rooms intended or designed to be used, or that are used, rented or hired out to be occupied, or that are occupied for sleeping purposes by guests.

8.0150 Strip-Service Commercial C-1 Zone. 8.0155 Central Business District Commercial (CBD) C-2 Zone. 8.0160 Special-Service Commercial C-3 Zone. 8.0165 Limited Service Commercial C-4 Zone. 8.0166 Limited Service Commercial C-4A Zone: Except as provided in 8.0190 and 8.0195 The standards and criteria for development in the C-4 Zone shall apply to development in the C-4A Zone. 8.0170 Tourist Commercial C-5 Zone. 8.0190 Table C, Uses Permitted. The following uses are allowed outright or conditionally in each of the Commercial and Industrial zones as follows:

Restrictions and C-1 C-2 C-3 C-4 C-4A C-5 M-1 M-2 DOD Residential: Requirements Apartments See Multi family dwellings and complexes Assisted Living Facility C C C C C Bed and Breakfast C C C C C Boarding House C C C C C C Caretaker / Watchman C C C C O Must live on site Condominium State regulated Homeless Shelter O C O Manufactured Home C C Park Multi Family Complex C O C C O Multi Family Dwelling C O C C O

City of Redmond/ODOT Agreement No. 28621

Planned Unit Development Res. Use above ground O O O floor Res. Use on ground floor O O O Not in front of < 25% bldg, or as non- watchman Residential care facility C C C C Only permitted where MFR’s are allowed Residential care home O Only permitted where SFR’s are allowed Single Family and O* O* *Only permitted Duplex for those uses pre-dating the adoption of the C- 2 Zone Amendments and Downtown Overlay District on August 12, 2008 Resumption of a C C C C Only as residential use previously established residential use Restrictions and C-1 C-2 C-3 C-4 C-5 M-1 M-2 DOD Eating and Drinking Requirements Bakery (retail / sit down) O O O O O* C O O O Bar, Lounge, Tavern, O O C O O* C O O O Nightclub, Café, Restaurant (sit- O O O O O* O O O O Deli’s are listed down), Diner, Brew under “retail uses” Pub Café, Restaurant, O O O O O* O O O O Deli’s are listed Espresso (Drive- under “retail uses” through) Restrictions and Entertainment C-1 C-2 C-3 C-4 C-4A C-5 M-1 M-2 DOD Requirements Amusement Park C C Arena for Indoor Sport O C C C C Larger than Events indoor commercial recreational use Driving Range O O

City of Redmond/ODOT Agreement No. 28621

Golf Course O Indoor Commercial O O O O C C O Recreation Miniature Golf, “Pitch & O O Putt” Outdoor Commercial C C C C C Recreation Walk-in Movie Theater O C O C O Restrictions and Automobile, Trucks, C-1 C-2 C-3 C-4 C-5 M-1 M-2 DOD RV’s: Requirements Auto Detailing O C O O* O C** No auto body work permitted as “detailing””. ** Grandfathered as a Conditional Use for existing businesses prior to August 12, 2008 Auto Painting, Auto Body O O* O O Work Auto Repair O C C O* O O C** Defined in part by some on-site auto storage. ** Grandfathered as a Conditional Use for existing businesses prior to August 12, 2008 Auto Sales (new and O C O C** ** Grandfathered used); Auto Rentals as a Conditional Use for existing businesses prior to August 12, 2008 Auto Service O C O O* O C** Includes auto lube shops (‘same day’ service). ** Grandfathered as a Conditional Use for existing businesses prior to August 12, 2008

City of Redmond/ODOT Agreement No. 28621

Boat or RV Sales and O O Includes Service motorcycles, ATVs, other recreational vehicles Car Wash O C O O O O O C** Steam cleaning permitted in the industrial zones. ** Grandfathered as a Conditional Use for existing businesses prior to August 12, 2008 Card Lock Gas Station O O O O Gas Station O C C O O C** ** Grandfathered as a Conditional Use for existing businesses prior to August 12, 2008 Tire Sales and Service O C O O Truck Stop O O O Truck Terminal O O Vehicle Storage / Towing O O Includes impound Yard yards, auto fleets Restrictions and Industrially Related Uses C-1 C-2 C-3 C-4 C-4A C-5 M-1 M-2 DOD Requirements Aircraft Service, O O Maintenance Auto Wrecking, C O Recycling Bakery, Wholesale C O O Distribution Batch Plants (Asphalt / O Concrete) Commercial O O O O* O O O Must be fully Manufacturing (Retail enclosed in “C” Support, Craftsmen) zones that permit this use Concrete & Conc. O Products, Stone-cutting Distribution Center O O Dump, Landfill C Enclosed Warehousing O O Up to 50% retail and Manufacturing allowed in Industrial zones

City of Redmond/ODOT Agreement No. 28621

Junkyard O ‘Auto Wrecking Yard’ is a separate category Landscaping Supply O O Outdoor storage (Bulk) of bulk landscaping material Lumber Mill O Manufacturing (Heavy O Industrial) Manufacturing (Light O O Subject to DEQ Industrial) requirements and neighborhood compatibility Medical Research C O O Excludes Facility research using biohazardous materials Precision Machine Shop C C O O Must be fully enclosed in the “C” zones that permit this use Retail Uses in support of O O Must be less than primary Industrial Use 50% of the gross floor area Rock Crushing / C O Recycling Slaughterhouse O Tanning, Curing, Storing O of Hides Wholesale Printing and O O Distribution Wood Product Mfg and O O Assembly Restrictions and Offices and Office C-1 C-2 C-3 C-4 C-4A C-5 M-1 M-2 DOD Products Requirements Office O O O O C O C O Office Service and O O O O O* O O Supplies Offices related to O O Industrial Use Printing, Publishing O O O O O O O Telemarketing, Call O O O O O C Center

City of Redmond/ODOT Agreement No. 28621

Public and Semi Public Restrictions and C-1 C-2 C-3 C-4 C-4A C-5 M-1 M-2 DOD Uses Requirements Agricultural Uses All ag. uses permitted under other categories Churches, Religious C C C C C C C Institutions Convention Center O O O O O Hospital O Lodge, Club, non-profit / C C C C C C C frat. Org. Park, Public or Private O O O O O O O O O Parking Garage, Public O O O O O O O or Private Public Transportation O O O O O O C C O Station RV Park, Public or O C O Private Schools, Public or C C C C C C C Private Utility Facility C C C C C C C C C Restrictions and C-1 C-2 C-3 C-4 C-5 M-1 M-2 DOD Retail Uses Requirements Bicycle Sales and O O O O* O O Service Bulky Retail (including O O O O Excludes furniture) Equipment and Heavy Equipment Contractor Supplies O O O O Also called (enclosed) Building Supplies (non- landscaping) Contractor Supplies O C C C (outdoors) Delicatessen O O O O O* O O Drug Store, Pharmacy O O O O O* O O Equipment Sales, O C C C Excludes Heavy Service & Rental Equipment Sales and Service Florist O O O O O* O O Gallery, Studio O O O O O General Retail O O O O* O O Gift / Card Shop O O O O O* O O Grocery Store, Market O O O O** O O Hardware Store O O O O* O O Heavy Equipment Sales O O O Only permitted w/primary service use in M zones

City of Redmond/ODOT Agreement No. 28621

Heavy Equipment C C O Service Heavy Equipment O Storage (outdoor) Medical Supplies (Retail) O O O O O Mobile / Mfr’d Home O C Sales & Service Novelty, Specialty, O O C O O* O O Incl. music, art Variety Store supply, electronic equipment, sporting goods Outdoor Merchandise O C O C Non storage- Display, Other related; for retail sales Pet Shop O O O O O Plant Nursery O O O Thrift Store – 1 O O O O O O Service Commercial C-1 C-2 C-3 C-4 C-4A C-5 M-1 M-2 DOD Uses Appliance and Computer O O O O* O Includes stereos, Repair electronic equipment, residential appliances Bank, Financial O O O O C O Institution Beauty & Barber Shops O O O O O* O O and Salons Contractor Service O O O O Enclosed within a building (except in M2 zone); includes equipment rentals and sale Contractor’s Yard C C O Incl. outdoor storage of equipment and building supplies Child Care Home, Center C C C C C C C C Formerly “Day Nursery” Dry Cleaner (drop off O O O O* O O only) Dry Cleaner (full service) O C C O* C Gym, Fitness Center, O O O O O O Spa Kennel C C O O Laundromat O O O O O Mini Storage O O O Mortuary, Funeral Home O O O O O

City of Redmond/ODOT Agreement No. 28621

Motel, Hotel O O O O O C O Printing and Copying O O O O* O O Store Veterinarian O O O C Fully enclosed in C zones; no outdoor kennels O* Maximum size = 10,000 square feet. O** Maximum size = 20,000 square feet.

8.0195 Table D, Minimum Standards. The following minimum standards are required in each of the Commercial and Industrial zones as follows (all distances are measured in feet):

C-1 C-2 C-3 C-4 C-4A C-5 M-1 M-2 DOD Minimum Yard Setbacks Front Local Street 10 H 5 10 10 10 10 10 10 H 2 Collector 25 25 25 25 25 25 25 Arterial 50 50 50 50 50 50 50 Interior Side Standard D 5 F 10-15 F 10-15 Adjacent to R-Zone 25 25 25 25 Street Side Local Street 10 10 10 10 50 10 10 Collector 25 25 25 25 50 25 25 Arterial 50 25 50 50 50 50 50 Rear Interior D 5 10 10 Local Street 10 10 10 10 50 10 10 Collector 25 25 25 25 50 25 25

Arterial 50 25 C 25/50 25 50 50 50 Adjacent to R-Zone 25 25 25 25 Adjacent to alley A 10/25 A 10/25 A 10/25 A 10/25 Maximum Front Yard Setback I 15 I 10 G 50/60/ Maximum Building Height 60 B 50/60 60 60 60 60 60 60 75 Minimum Street Frontage Standard Street 50 50 50 50 50 50 50 50 Cul-de-sac 30 30 30 30 30 30 30 30 Minimum Landscaping 15% J 15% 15% 15% 15% 15% 15% 15% 0% Maximum Lot Coverage Non-commercial use 50% 50% 50% 50% 50% 75% 75% Use adjacent to residential E 60% E 60% Minimum Lot Coverage 50% 50% Minimum Lot Size *

City of Redmond/ODOT Agreement No. 28621

EXHIBIT E

Proposed Comprehensive Plan / Zone Map Amendment

21 76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

Enrolled Senate Bill 1544 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conform- ance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Senate Interim Committee on Business, Transportation and Eco- nomic Development)

CHAPTER ......

AN ACT

Relating to economic development; and declaring an emergency. Whereas Oregon needs a reliable supply of large-lot, high-value employment sites to attract investment and create jobs for Oregonians and to be competitive for employment projects on a regional, national and global scale; and Whereas the City of Redmond contains a developable site of approximately 465 acres that is unique in this state, in that it is a large site that can be served readily with infrastructure, is adjacent to the city’s employment and industrial lands, is adjacent to Oregon Route 126 and is close to the Redmond airport; and Whereas the need for the site is of statewide strategic economic development importance; and Whereas development on the site contributes so significantly to the state’s economy, job base and ability to provide services that focused regulatory relief is a wise investment; and Whereas this property was zoned industrial in the original comprehensive plan for the city; and Whereas the city zoned the site Open Space Park Reserve in 1980 at the request of Deschutes County for a fairgrounds project; and Whereas Deschutes County relocated the fairgrounds project to another site, and the city has been trying to restore the industrial zoning on the site since 2000; and Whereas the city has adopted a framework plan for the site that identifies industrial zoning and service commercial zoning; and Whereas the city is not able to rezone the property to support economic development opportunities because of constraints associated with the ability to fund transportation system improvements identified through compliance with administrative rules adopted to implement a statewide land use planning goal related to transportation planning and other transportation-related regulations; and Whereas resources have not been identified on the property that must be inventoried under a statewide land use planning goal related to protection of natural resources and conservation of scenic and historic areas and open spaces; and Whereas the city has determined that phased transportation improvements to mitigate traffic impacts associated with development of the high-value employment site are reasonable; and Whereas the site is a unique site that was previously reserved for industrial opportunities; and Whereas the site could be leveraged for regional, national and global recruitment opportunities; and Whereas the city recognizes that rezoning and development of the site may result in additional motor vehicle traffic congestion on transportation facilities and that other providers of transporta-

Enrolled Senate Bill 1544 (SB 1544-A) Page 1 tion facilities would not be expected to provide additional capacity for motor vehicles in response to the congestion; now, therefore,

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) As used in this section, “Southeast Redmond Employment Site” means the approximately 465 acres of real property that are located within the City of Redmond and: (a) Are bounded roughly on the north by East Antler Avenue between Southeast 9th Street and Southeast 17th Street and the coterminous city limit and urban growth boundary, on the east by Southeast 17th Street and the coterminous city limit and urban growth boundary, on the south by Oregon Route 126 and on the west by Southeast 9th Street; (b) Can be identified as tax lots 1513150000100, 1513150000101 and 1513150000102 and that portion of 1513000000103 lying within section 14 and located within the city on the effective date of this 2012 Act; and (c) Are zoned under the Redmond Comprehensive Plan as Open Space Park Reserve. (2) Notwithstanding a statewide land use planning goal related to transportation planning and administrative rules that implement the goal, and for the purpose of facilitating the development of the Southeast Redmond Employment Site, the city may adopt changes to the Redmond Comprehensive Plan and Zone Map to implement the Eastside Framework Plan adopted by the governing body of the city on December 9, 2008, without determining whether the change will have a significant effect on existing or planned transportation facilities. (3) If the city adopts changes authorized by subsection (2) of this section: (a) The city shall adopt a zoning designation or zoning overlay that restricts retail commercial activities allowed on the site to activities that: (A) Are necessary to support the planned employment uses; (B) Are not large-scale retail commercial activities, as that term is used in the land use regulations of the city; or (C) Help contain overall trips within the site. (b) The city shall adopt provisions to maintain in the site at least one lot or parcel, as those terms are defined in ORS 92.010, of at least 50 acres and shall plan and zone the lot or parcel for industrial or traded-sector employment use. (c) Subject to subsection (4) of this section, the city shall address the transportation impacts for the Southeast Redmond Employment Site by entering into an agreement with other providers of transportation facilities, including but not limited to the Department of Transportation, to plan for transportation improvements appropriate to accommodate the amount and types of traffic projected to be generated by development within the Southeast Redmond Employment Site. (d) Within four months after the city and the department have signed the agreement required by this section, the department shall establish an alternative mobility target for the state highways within the affected area that results from implementation of the agreement. By establishing an alternative mobility target, the department does not preclude modifying the target by agreement between the city and the department as a result of a future update to the Transportation System Plan, a comprehensive corridor planning approach, including the Trip 97 Study, or another system planning process. Other providers of transportation facilities may be parties to the agreement. (4)(a) The city and the department must negotiate and enter into the agreement required by this section within six months after the city completes the planned update of the site Transportation Impact Analysis and submits the results to the department. (b) The agreement must: (A) Identify and list planned transportation improvements and contain a description of the anticipated timing and financial responsibility for funding the improvements; and

Enrolled Senate Bill 1544 (SB 1544-A) Page 2 (B) Be adopted as part of the Transportation System Plan of the city. (c) The transportation improvements in the agreement must be based on practical design principles and may be funded with existing and planned transportation funding sources available to the city within the planning horizon. (d) In the agreement required by this section: (A) The city must acknowledge that the full impacts of the proposed land use action to the transportation system may not be fully accommodated by the transportation improvements contained in the agreement required under this section and that the department may not be responsible for funding additional transportation improvements to reduce motor vehicle traffic congestion that may occur due to the development of the Southeast Redmond Employment Site; and (B) The department must acknowledge that the transportation improvements identified in the agreement may not be sufficient to meet the Highway Mobility Targets of the department as described in the Oregon Highway Plan. (e) If the city and the department cannot negotiate an agreement within six months, the city shall construct mitigation described in the planned update to the Transportation Impact Analysis of the city. SECTION 2. Section 1 of this 2012 Act is repealed on January 2, 2015. SECTION 3. This 2012 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2012 Act takes effect on its passage.

Passed by Senate February 13, 2012 Received by Governor:

...... M.,...... , 2012 ...... Robert Taylor, Secretary of Senate Approved:

...... M.,...... , 2012 ...... Peter Courtney, President of Senate ...... Passed by House February 23, 2012 John Kitzhaber, Governor

Filed in Office of Secretary of State: ...... Bruce Hanna, Speaker of House ...... M.,...... , 2012

...... Arnie Roblan, Speaker of House Kate Brown, Secretary of State

Enrolled Senate Bill 1544 (SB 1544-A) Page 3