1999-1072-Minutes for Meeting October 27,1999 Recorded 11/30/1999VOL: CJ1999 PAGE: 1072
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ1999-1072 * Vol -Page Printed: 12/08/1999 15:50:27
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
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:
Nov. 30,1999; 8:08 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 15
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
01IV- /D9A
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS' MANI&CO AM 8: 08
OCTOBER 27, 1999 MARY SUE r ENHOLLOW
COUNTY CLERK
Chair Linda Swearingen opened the meeting at 10:00 a.m. Commissioners present were Linda
L. Swearingen and Dennis R. Luke. Commissioner DeWolf was excused. Others present were
Michael Maier, County Administrator; Kevin Harrison, Steve Jorgensen and Geralyn Haas,
Community Development; Susan Mayea, Commissioners' Office; Bruce White, Legal Counsel;
Jim Bonnarens, Property Management; and Citizens Jamie Vavrinec, William Boyer and Jim
Anderson.
1. Citizen Input
Citizen Jamie Vavrinec asked to be heard on a specific issue relating to the sale of County
property off Fryrear Road. Upon Chair Linda Swearingen's request, she agreed to conduct
a discussion of the issue immediately after the completion of agenda items.
Also, submitted into the record was a letter from Citizens Ken Webb, Suzi MacLeod, Mike
Luderman and Dick Tobiason of Bend expressing their concern over the placement of Golf
Driving Range Poles and Nets on Robal Road, Bend. See attached letter and photos
provided by the above citizens.
2. Public Hearing
Before the Board was a Public Hearing on Ordinance No. 99-031, Implementing Changes
to the Deschutes County Procedures Ordinance as Required by State Law; and
Implementing Proposed Text Amendments to the Deschutes County Code relating to
Notification.
Kevin Harrison of the Community Development Department highlighted the main points
covered by the Ordinance. He stated that almost all of the changes are mandated by the
State, which is the reason for the emergency clause in the Ordinance. He also explained
that the mandated changes went into effect on October 23, 1999, and there is a public
benefit in having the Procedures Ordinance consistent with State law as quickly as
possible. Commissioner Luke voiced his concern that the notification detailed in the
Ordinance does not follow State law; Chair Linda Swearingen stated that she felt this
Ordinance provides for better notification, and that the State may not always know best.
Chair Linda Swearingen asked for public input. There was none.
SWEARINGEN: Opened the public hearing for public comment.
SWEARINGEN: There being no public comment, I move to close the Public Hearing on
Ordinance No. 99-031.
Minutes of October 27, 1999 Page 1 of 8
Board of Commissioners' Meeting
LUKE: I would move for First and Second Reading, by Title Only.
SWEARINGEN: I second.
VOTE: LUKE: I vote yes.
SWEARINGEN: Chair votes aye.
Chair Linda Swearingen then did a First and Second Reading of Ordinance No. 99-031, by
title only, and declaring an emergency.
SWEARINGEN: I would move adoption of Ordinance No. 99-031.
LUKE: I will second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
6. Second Reading.
Before the Board was the Second Reading of Ordinance No. 99-016, Ordinance No. 99-
017 and Ordinance No. 99-025, Implementing the La Pine/Wickiup Junction Local Street,
Bicycle and Pedestrian Plan.
Steve Jorgensen of the Community Development Department was asked if he had received
further public input on this issue. He said he had no further comments had been received.
LUKE: I move for the Second Reading of Ordinance No. 99-016, by title only.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
Commissioner Swearingen then proceeded with the Second Reading of Ordinance No. 99-
016.
SWEARINGEN: I would move adoption of Ordinance No. 99-016.
LUKE: Second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
LUKE: I move for the Second Reading of Ordinance No. 99-017, by title only.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
Minutes of October 27, 1999 Page 2 of 8
Board of Commissioners' Meeting
Commissioner Swearingen then proceeded with the Second Reading of Ordinance No. 99-017.
LUKE: I move approval of Ordinance No. 99-017.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
LUKE: I move for the Second Reading, by title only, of Ordinance No. 99-025.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
Commissioner Swearingen then proceeded with the Second Reading of Ordinance No. 99-025.
SWEARINGEN: I move adoption of Ordinance No. 99-025.
LUKE: Second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
4. Before the Board was the Selection of Four Appointees to the Workforce Investment
Board.
SWEARINGEN: I would move approval of the four appointees to the Workforce
Investment Board:
LUKE: Second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
5. Convene as the Governing Body of the 4-H/Extension County Service District
Before the Board was the Approval of Weekly Accounts Payable Vouchers for the 4-
H/Extension County Service District in the Amount of $2,531.86.
LUKE: I move approval of weekly accounts payable vouchers, subject to review.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
Minutes of October 27, 1999 Page 3 of 8
Board of Commissioners' Meeting
6. Convene as the Governing Body of the 9-1-1 County Service District.
Before the Board was the Approval of Weekly Accounts Payable Vouchers for the 9-1-1
County Service District in the Amount of $8,914.96.
LUKE: I move to approve the payment of these vouchers, subject to review.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
7. Convene as the Governing Body of the Bend Library County Service District
Before the Board was the Approval of Weekly Accounts Payable Construction Vouchers
for the Bend Library County Service District in the Amount of $7,688.00.
Chair Linda Swearingen asked County Administrator Michael Maier if the end of the
receipt these construction bills was near. He stated that this should be the last fiscal year
for these vouchers.
LUKE: I move to approve the payment of these vouchers, subject to review.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
8. Convene as the Governing Body of the Sunriver Library County Service District
Before the Board was the Approval of Weekly Accounts Payable Construction Vouchers
for the Sunriver Library County Service District in the Amount of $1,607.80.
LUKE: I move to approve the payment of these vouchers, subject to review.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
Reconvene as the Deschutes County Board of Commissioners
At this time, Bruce White requested that Agenda Items No. 22, 23 and 24 be removed from the
Consent Agenda to allow for further discussion.
Minutes of October 27, 1999 Page 4 of 8
Board of Commissioners' Meeting
22. Before the Board was the Signature of Resolution No. 99-080, Authorizing the Chair to
Sign County/La Pine Water District Transfer Documents.
23. Also Before the Board was the Signature of a Quit Claim Deed Transferring Real Property
from Deschutes County to the La Pine Water District.
24. Also Before the Board was the Signature of Other Documents Relating to the Transfer of
the Well Site and Property to the La Pine Water District.
Bruce White, Legal Counsel, explained the nature of some changes in the documents, and
recommended the signature of same. Commissioner Luke explained to the audience the
purpose of the well site transfer, and indicated that after signatures had been applied, he
would present the documents to the La Pine Water District.
LUKE: I move for signature of Resolution No. 99-080 and the Quit Claim Deed
relating to the transfer of real property from Deschutes County to the La
Pine Water District, as well as the signature of other related documents.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
Consent Agenda
Before the Board were the Consent Agenda Items, excluding Items No. 22, 23 and 24 (voted
upon separately). These Consent Agenda Items were:
9. Signature of the Fiscal Year 2000 Annual Operating and Financial Plan between the
Deschutes County Sheriffs Office and the USDA Forest Service
10. Signature of an Amendment to an Intergovernmental Agreement between the Oregon
Department of Corrections and Deschutes County Regarding Payment of County
Corrections Supervision, Extending the Agreement for Six Months
11. Signature of a Contract for Services with River Meadows Homeowners Association, for
the Association to Plow County Roads within their Jurisdiction
12. Signature of Order No. 99-158 and Order No. 99-159, Establishing Futurity Court and
Scottsdale Drive as County Roads
13. Signature of Order No. 99-130, Establishing the Roads within Limestone Local
Improvement District as County Roads
14. Signature of Order No. 99-132, Establishing the Roads within Piute Local Improvement
District as County Roads
Minutes of October 27, 1999 Page 5 of 8
Board of Commissioners' Meeting
15. Signature of Order No. 99-134, Establishing the Roads within Hereford Local
Improvement District as County Roads
16. Signature of Order No. 99-161, Officially Changing the Name of a Portion of Calgary
Drive to Calgary Loop
17. The Appointment of Three Additional Members to the LPSCC (Local Public Safety
Coordinating Council)
18. Signature of Order No. 99-164, Amending Order No. 99-157; Correcting Values on
Properties and Authorizing the Sale of Additional Real Property to Provide Funding for the
Health and Human Services Building and Becky Johnson Community Center
19. Signature of an Intergovernmental Agreement with Central Oregon Intergovernmental
Council for Grant Administration Services for the Next Round of Regional Strategies
Programs
20. Signature of an Acknowledgment of Redmond School District 2J's Resolution Designating
Itself as the District's Public Contract Review Board
21. Signature of Order No. 99-162, Ordering the Rescheduling, from November 3 to
November 10, of a Public Hearing on Whether to Refer Approval of the Withdrawal
Petitions from Special Road District No. 1 to Election
25. Signature to Accepting a Petition for Annexation and Setting a Hearing on the Annexation
of Territory known as "Eagle Crest Expansion Phase Annexation" into Rural Fire
Protection District No. 1
26. Signature of Oregon Liquor Control Commission License for La Pine Thriftway Store
27. Approval of Weekly Accounts Payable Vouchers, Subject to Review
LUKE: I move approval of the Consent Agenda.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
SWEARINGEN: Chair votes aye.
28. Amendments to the Agenda
There were none.
Minutes of October 27, 1999 Page 6 of 8
Board of Commissioners' Meeting
At this time Citizen Input was again brought before the Board.
Jamie Vavrinec of 68300 George Cyrus, Sisters; William Boyer of 17575 Jordan Road,
Sisters, and Jim Anderson of 66880 Central Street, Bend all related their concerns about
the proposed sale of Deschutes County real property located off Fryrear Road near Sisters.
Ms. Vavrinec explained that she and others felt a portion of the property should be
excluded from the sale, or at the very least should be required to be preserved in its natural
state. She and others discussed its fragile nature, the historical significance of its
landmarks, and the fact that nesting eagles reside in that portion of the property. She also
stated that she had been concerned about potential surface mining on the property, but now
is relieved to realize that surface mining is not an approved use.
At this time Commissioner Luke had to leave the meeting to go to La Pine, and the Board
Meeting was adjourned at 10:40 a.m.
NOTE:
DESCHUTES COUNTY BOARD OF
COMMISSIONERS
Linda L. SwearingYn, Chair
Dennis R. Luke, Commissioner
ZCC05tel
Tom DeWolf, Commissioner
Commissioner Swearingen remained to discuss the potential sale of County real property off
Fryrear Road property with Ms. Vavrinec and others. Commissioner Swearingen explained
that only one home can be built on that 80 -acre parcel, and that private ownership does not
mean destruction. She stated that, in fact, private ownership can often protect a property much
better than public ownership could possibly do. She also indicated that anyone building on the
property would likely place his or her home in a location that would take advantage of the
mountain view, not in the canyon portion.
Jim Bonnarens, Property Management, utilized maps to discuss the possible locations for
easements, roads and development, and also discussed possible lot line realignments that may
enhance the use of the property and the protection of the fragile areas.
Minutes of October 27, 1999 Page 7 of 8
Board of Commissioners' Meeting
Citizen Boyer indicated that he had had discussions with the power company, and they
indicated they would cooperate with the placement of power lines. He voiced his concern
regarding the sale of the property prior to any lot line adjustments being made.
Jim Bonnarens and Commissioner Swearingen stated that any lot line adjustments would be
made as a condition of the sale and prior to the transfer of title.
Citizen Vavrinec indicated her concern regarding the building of structures in one particularly
sensitive area. She said she realized access to a County road could not be closed off, but
neighbors of the property have been contacted regarding providing a suitable easement for
access to the property.
Commissioner Swearingen stated that the Bureau of Land Management owns neighboring
property as well, but they won't allow any road closures that would cut off access to their
property.
Jim Bonnarens indicated that if adjacent property owners are willing to provide an easement for
access, he will bring it before the Board.
End of above discussion.
Minutes of October 27, 1999 Page 8 of 8
Board of Commissioners' Meeting
Keep Bend Arca Beautiful Group!
Bend City Council Board of County Commissioners
710 NW Wall St, Deschutes County
Bend, OR 97701 1130 NW Harriman St.
Bend, OR 97701
October 26, 1999
Re: Golf Driving Range Poles and Nets on Robal Rd., Bend
We, as concerned citizens urgently request the City and County to eliminate those features of the facility
that interfere with scenic views. Attached are photos of the facility (poles and nets) taken from several
locations. Please note the degraded scenic views seen from nearby residences, parkway, and US 97. In
contrast, the developers of the facility can not see the poles and nets from their Bend, Sunriver, and
Lake Oswego residences. We believe the facility must not open prior to implementation of a remedy
acceptable to the public
The Ploens, owners of the facility have a right to be in business, but not at the expense of the
community's right to enjoy the unique Bend area environment. The City is on record in its Bend Area
General Plan to protect scenic views.
The Bulletin in its October 15, 1999 article reported on deliberations at a joint City and County meeting
with the developer. The Bulletin reports "City councilors and county commissioners agreed that a
public forum should be held before a decision is made on whether to do anything about the
driving range nets".
Also, the Bulletin attributes the following to Commissioner Swearingen: "One option is to do nothing
(but) admit we made a mistake". Several other officials previously reported or alluded to mistakes
being made (George Read 9/9/99, Bruce Brothers 9/9/99, Paul Bianchina 9/9/99, Linda Swearingen
10/15/99, Larry Patterson 10/21/99). We request a coppy of all minutes of City and County separate and
joint meetings on the facility
We request the City and County announce a ioint1v sponsored public meeting to be held as soon as
possible to gain citizen input as envisioned in the Bend Area General Plan. Please advise us on the
details of the public meeting. We also request the City and County to disclose in writing to us what the
"mistakes" were (what was done, what was supposed to be done, governing documents when by what
office) and what you propose to do to correct the admitted mistakes.
We have reviewed the 1998 Bend Area General Plan and found that several governing policies stated
in "Community Goals" have been ignored by the City.
Goal:
"Natural Beauty and Heritage- Protect and enhance Bend's natural beauty noting especially
the trees, rocks, rivers, view• sounds and historic structures." (emphasis added)
Comment: It is clear from the attached photos that this policy was not followed.
Goal:
"Appearance of Structures- Ensure that the "built environment" is as attractive as feasible."
Comment: It is clear from the photos and many complaints published in the Bulletin that the golf
facility is not attractive. We offer a design solution below that would satisfy the goal. We are also
concerned about the scenic corridor restrictions (30 ft. maximum structure height) within 1320 ft.
I.
Keep fiend Area i3cautitlil Group!
of Rte 20 centerline. We_reguest_information on applicability_ of the _scenic corridor_rules_and if_applicable_
how_they_ were addressed_
Goal:
"Public/Civic Involvement- Encourage involvement by all citizens, corporate and individual, to
keep the city vital and the Plan an "evolving vision". (emphasis added)
Comment: It is clear that "all citizens" were denied this process by both the County and City.
We support these goals developed by volunteer citizens. However, your actions do not support these
worthwhile Goals. Your decisions may also have decreased property values in certain areas of Bend.
This causes us to question whether the policies truly guide your actions or are they just so much "window
dressing". Does your list of mistakes include a finding that your actions do not conform with policy? The
City had an opportunity to implement the Goals after the UGB annexation
We note that the Bend General Plan and Mission Statement are available on the web. The County does
not display similar information on its web site. We request a copy of any County documents that contain
information similar to the Bend Area General Plan.
Apparently the City and County have not considered an alternative design that would use perimeter
poles and nets built no higher than adjacent buildings (30 feet, see also attached photo of poles
extending higher than Target store) and small barrier walls ("batting cage") adjacent to each golf tee.
The "batting cages" would deflect otherwise errant balls and contain them within the perimeter. Available
computer technology would display where the "bad shots" striking the barriers would have landed. Las
Vegas Golf here in Bend utilizes that technology. We request this alternative be included in the City's
computerized photo simulations reported by the Bulletin on 10/15/99.
In the October 21 Bulletin article, City Manager Patterson reportedly said "he doesn't believe the city,
with its design review and other rules, would have issued the initial approval that Deschutes
County did". He went on to say "let it proceed and see how things develop". Please tell us what he
meant -what specific standards or criteria in the dein review process and 'other rules" would have
prevented a City approval. Mr. Patterson and the Council had ample opportunity to coordinate with the
County during the permit process and subsequent to state their objections. Letting things "proceed and
see how things develop" and a bond levy (to pay for government mistakes) is faulty public policy. Letting
it proceed is a do nothing option and is inconsistent with the Bend Area General Plan.
We are extremely disappointed that our elected officials have not served the interests of the public. It
appears that you have appeased the developers and abandoned the public. Your serving the public
interests (public forum) on Oct. 15 was apparently discarded 6 days later on Oct. 21. Please iustifv this
apparent reversal if a reversal is true.
We hope that this latest report does not mean the County and City have abandoned a public forum and
citizen involvement (General Plan). We citizens pay high salaries for government to make tough
decisions. "Doing nothing", a policy you now appear to be taking, is a decision one would expect from
lesser qualified and motivated officials and a terrible, all knowing treatment bestowed on the Bend area
community and visitors. You, especially if you can not see the poles and nets from your homes and
workplace, should visit the residents whose views have been "stolen".
By your actions and inactions, you have allowed a perception to develop that it is more important for you
to support developers at the expense of the public who pays your salaries. It is a shame that by your
admitted "mistakes" and permitting the unsightly golf facility, we (including you) in Central Oregon have
lost some of our "bragging rights" on protecting natural beauty.
N
q.
Keep Bend Area Beautiful Group!
We are working with other concerned citizens and groups and plan to offer constructive advice to you at
any public forum. -We req_u_est an adequate opportunity_ to present our conclusions and recommendations.
We now learn from the 10/25/99 Bulletin article that the County plans to hold a public hearing on
10/27/99 on revisions for notifying the public on tall structures. Announcing a public meeting that will be
held two days later does not provide adequate public notice. Reportedly, the agenda is to discuss
inclusion of public comments from citizens at greater distances from proposed construction sites. The
Bulletin concludes that your proposal would not have applied to the golf facility. Our attached photos
support that conclusion. With the exception of the photos taken from US 97, the remainder were taken
from Boyd Acres Rd., a much further distance than you now propose. A large number of residents live in
that area that were not originally notified of the opportunity for public comment. They would still not be
allowed by yesterday's proposal. Not only is the meeting ill timed, its scope is too limited, and the
proposal not responsive to the golf facility issue.
We are deeply troubled by the reported lack of coordination and unanimity between the city and county
and within the city and county in interpretation and application of ordinances, codes, and laws. See
remarks made by Swearingen, Patterson, Read, and Harrison.
We urge you to go public now as the only factual information we learn is from the Bulletin It would be
helpful to post pertinent information on your web sites
We have made several requests of the City and County. For convenience, the requests are underlined.
Receiving the information and any other comments you may have no later than 2 weeks before any
public meetings but no later than November 5, 1999, would be appreciated. In the meantime, we are
available to meet with you.
Please contact us if you have questions.
Sincerelly/
6n i i&
Ken Webb
63607 Ranch Village Rd
Bend, OR 97701
330-6327
Suzi MacLeod
63607 Boyd Acres Rd
Bend, OR 977013
382-6264
Mike Ludeman �CkTobn
22325 White Peaks Dr.
Bend, OR. 97702
388-5591
cc: Ploens, Friends of Bend, Central Oregon Environmental Center, The Bulletin
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