1999-731-Minutes for Meeting May 05,1999 Recorded 5/14/1999VOL: CJ1999 PAGE: 731
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-731 * Vol -Page Printed: 05/18/1999 19:38:56
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
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the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
May. 14,1999; 12:58 p.m.
Regular Meeting
(CJ)
NUMBER OF PAGES: 4
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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MINUTES
99 MAY 14 P 12: 58
DESCHUTES COUNTY BOARD OF COMISSIONERS- '� Lr'`'ti
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C0�!N T
i Y CLERK
HEARING ON ODOT WEIGH STATION
PROPOSED FOR SO. HIGHWAY 97 NEAR BAKER ROAD, BEND
Wednesday, May 5, 1999
Commissioners' Hearing Room, Administration Building
PRESENT: Chair Linda Swearingen; Dennis Luke, County Commissioner; Tom DeWolf,
County Commissioner; Paul Blikstad, County Community Development
Department; and Bruce White, Assistant County Counsel.
CONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS:
SWEARINGEN: Called the hearing to order at 7:00 p.m. The purpose of the meeting was
to take testimony regarding the placement of an Oregon Department of Transportation Weigh
Station at a proposed location on Highway 97 just south of Baker Road.
Commissioner Swearingen advised the public of a change in this issue. The parties involved in
the placement of the ODOT Weigh Station met this morning and are in discussions regarding
alternative locations, and asked that the hearing be continued until June 9, 1999. However,
Commissioner Swearingen indicated that any audience members still wishing to have their
testimony placed on the record were free to do so at this time.
PAULA MARKS: The Principal of Morning Star School, 19741 Baker Road, Bend,
testified. She indicated the school is directly opposite the highway where the weigh station
would be. She had concerns regarding the safety of students in the event of fire, explosions and
toxic spills since the school property would be very close to the weigh station.
Ms. Marks stated that when the school was looking for a site to build, an industrial area could not
be considered due to the potential hazards. She also stated that stipulations were placed upon the
school prior to being approved for construction in regard to landscaping, signage, paint colors
and other items so that it would be aesthetically pleasing. These conditions should also apply to
others, and a truck weigh station is not consistent.
BOCC - ODOT Hearing Page I of 4 May 5, 1999
FRANK PENNOCK: A resident of Deschutes River Woods, 18882 Riverwoods Drive, Bend.
He testified that ODOT originally was given the go-ahead to build by the State, but withdrew
because of a firebreak issue, since the potential for fire is greater in central Oregon than in
western Oregon. ODOT recently shortened the allowable firebreak footage and recently
reapplied. Mr. Pennock feels that the High Desert Museum is the top issue, with concerns
regarding the fire danger and the real possibility of traffic accidents due to the close proximity of
the entrance to the Museum to the proposed ODOT station.
Mr. Pennock also noted that there is heavy, fast traffic around Baker Road, and in the event of an
accident between an automobile and a big truck, the truck always wins. The previous weigh
station was a long way from town during its time, but that location is now considered close in.
PEGGY CANNON had signed up to testify, but declined to speak at this time.
DAVID GORDON: Lives at 20455 Powder Mountain Road, Bend. He testified that he has
written numerous letters to the Commissioners in the past regarding this issue. He stated that
there is an obvious conflict with the placement of the weigh station in regard to the Museum. He
also said that Central Oregon has been attempting the development of cultural institutions to
enhance the area and attract visitors, and the Museum is highly visible and the number of visitors
has increased dramatically over the years.
Mr. Gordon further stated the State's interests are inconsistent with the desires of the citizens of
Bend and Deschutes County, and he hoped the Board of Commissioners would vote to correct
this error as soon as possible.
Commissioner Swearingen asked Mr. Gordon if he had contacted the State and communicated
his concerns to them. Mr. Gordon said he had only contacted the County at this point.
Commissioners Swearingen and DeWolf encouraged Mr. Gordon and all citizens at the hearing
to contact any and all agencies involved with this issue.
COMMISSIONER LUKE: He also encouraged the citizens to contact the proper State
agencies. He stated that an alternate site south of the Museum and north of Lava Butte was a
consideration, and Senator Gordon Smith was encouraging the use of this alternate site.
Commissioner Luke also stated that a citizen's advisory committee had been involved in the
selection of a site, and the committee said that although it didn't agree with the decision, they felt
ODOT's overall process was good. The U. S. Forest Service indicated that other potential sites
must be turned down before it will consider using its property for an alternate site.
RANDY WINDLINX: A Bend citizen, then testified. He stated the weigh station would
basically be in his front yard. He said his family had owned the property where the other weigh
station had been located, and that his father had donated land for the Baker Road interchange,
with the stipulation that the ODOT weigh station not be placed where it is proposed to be placed.
He stated that ODOT assured his family that it would be placed in the La Pine area. He
indicated, however, that this had been a verbal agreement only.
BOCC - ODOT Hearing Page 2 of 4 May 5, 1999
Mr. Windlinx stated that he had spoken with Kevin Harrison of the County to verify the potential
conditional uses when he learned of ODOT's plans. He became involved in the citizens advisory
committee, and felt basically that it was a sham. He felt that ODOT's mind was already made up
and that it would go with its intended site no matter what the committee said, since they want to
get the truck traffic between Bend and Sunriver.
Mr. Windlinx indicated he felt La Pine is a better choice, since it is now encouraging industrial
development and wants the station there. He stated he thinks there are perfect locations for the
station (i.e. BLM lands) that don't impact residential areas. He said he had contacted BLM and
BLM indicated to him that it would give the required land to ODOT for this purpose. The La
Pine Traffic Safety Committee has agreed that La Pine would like to have the weigh station
along with a rest area and park area.
Mr. Windlinx emphasized that he knows the potential problems surrounding a weigh station,
since he has lived near one. He sited the issues of garbage, unofficial camping, campfires, and
trespass on adjoining land in addition to the allowed, official uses accompanied by the noise of
truck engines, refrigeration motors and braking, 24 hours a day, 365 days a year.
Mr. Windlinx also stated that the Museum has the first right of refusal on land that is even closer
to the Highway than its present location, which could not logically be used if the weigh station is
built nearby. He feels a location farther south could be utilized and combined with a rest stop
and perhaps a visitor's center.
Commissioner Swearingen stated that the Commissioners' job is to look at the application
submitted by ODOT to see if they've complied with all rules and regulations, even if they are not
in favor of the location. Commissioner Swearingen said the Board has not heard all the facts yet,
and suggested all concerned citizens contact the applicant.
Mr. Windlinx stated that ODOT must prove compatibility of use with the surrounding area, and
he feels this isn't even close to being compatible. He said that ODOT should cooperate with
County officials and the private sector in seeking out alternative locations that would better serve
the public.
Mr. Gordon again testified. He stated that he realized the Commissioners must follow the
process, but asked if the County had the power to override bad decisions and make an exception.
Commissioner Luke responded that there is an appeal process beyond the County; therefore, the
County must go through the proper procedure and make a decision that will hold up.
Commissioner Swearingen added that there are several entities that ODOT could involve in an
appeal process, such as LUBA, as well as the Court of Appeals and the Supreme Court, which
could stretch out this situation out for years.
BOCC - ODOT Hearing Page 3 of 4 May 5, 1999
DAVE GHORMLEY:He lives in Sunriver, and was the president of the Sunriver Owners'
Association when this issue first began, and has remained involved in it since then. He stated
that he felt the weigh station does not belong within any part of the Deschutes National Forest,
due to the scenic nature and view corridors of the areas between Sunriver and Bend as well as
south of Sunriver. He also stated that the area just south of the High Desert Museum is not a
suitable alternative, either, as it is very close to the southern end of the Museum's property. He
said that the only reason ODOT has given him for its choice of a site close to Bend is so that its
employees would not have to drive to La Pine to work.
Mr. Ghormley indicated that La Pine would like to combine the weigh station with a rest stop
and visitors' center, as long as the site is properly integrated into and enhances their community.
He questioned whether the weigh station is necessary at all, since he has noticed other weigh
station scales around the state are closed much of the time. He stated that the Commissioners are
responsible for what happens in the County, and should make known their preference for trees
and museums over truck weigh stations.
NO OTHER PUBLIC INPUT.
BRUCE WHITE: He stated that the hearing would be continued to Wednesday, June 9, at
7:00 p.m. unless the public is otherwise advised.
SWEARINGEN: She suggested all audience members might want to write Senator Gordon
Smith, thanking him for his involvement, and should also write to the State of Oregon,
expressing their concerns and displeasure. She stated that letters to the U.S. Forest Service in
Salem and in Bend might also be appropriate.
SWEARINGEN: Adjourned the meeting at 7:35 p.m.
DATED this 5th Day of May 1999, by the Deschutes County Board of Commissioners.
ATTEST:
Recording Secretary
BOCC - ODOT Hearing Page 4 of 4 May 5, 1999