2000-714-Minutes for Meeting May 24,2000 Recorded 6/15/2000VOL: CJ2000 PAGE: 714 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES 111111111111111111111111111111111111111111111111111111111111 *02000-714 * Vol -Page Printed: 06/20/2000 14:52:59 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: Jun. 15, 2000; 1:48 p.m. Regular Meeting (CJ) NUMBER OF PAGES: 10 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KUN HED JUN 2 0 2000 W W - t711' Board of Commissioner: io �! r' R Y silt 11'Di € t4 �.'J W COUNTY CLI: h 30 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 3BB-6570 • Fax (541) 3BB-4752 www.co.deschutes.orus Linda L. Swearingen Dennis R. Luke MINUTES Tom DeWolf BOARD OF COMMISSIONERS MEETING WEDNESDAY, MAY 24, 2000 1130 NW Harriman Street, Bend, Oregon Administration Building Chair Linda Swearingen opened the meeting at 10:00 a.m. Commissioners present were Linda Swearingen, Tom DeWolf and Dennis Luke. Also present were Kevin Harrison, Tracy White, and Paul Blikstad, Community Development; Rick Isham and Bruce White, Legal Counsel; Jim Bonnarens, Property Management; and several citizens. 1. Citizen Input Linda Moskowitz, a citizen, read her prepared statement regarding the telecommunication towers that are proposed by various telecommunications companies. (Exhibit A, attached.) Kevin Harrison of Community Development explained that American Tower has not made application at this time. He further said that VoiceStream had submitted three applications; two were withdrawn, and one is pending. He said it would be located east of Sunriver by the water tower; denial has been recommended due to the airport approach area. He further explained the notification procedures. Tom Grimm, a citizen, indicated he has written information to present. Commissioners DeWolf and Swearingen advised him that the information should be provided to the Hearings Officer at the public hearing; and that she would review his information and all other written and oral testimony at that time. Chair Swearingen explained that if the Hearings Officer's decision were appealed, at that time the Board of Commissioners would be requested to hear it. Excerpt of Minutes of Board Meeting Page 1 of 9 Pages Wednesday, May 24, 2000 Quality Services Performed with Pride Damian Syrnyk of Community Development discussed the process for submitting information. He further said that the May hearing has been continued to June 6, and that information can be submitted now or anytime before the record closes. Geralyn Haas of Community Development escorted the citizens to the Community Development office. 2. Before the Board was a Public Hearing on a Text Amendment to Chapter 18.66 of Title 18, Removing Three Uses Listed in the Terrebonne Residential 5 -Acre Minimum District. Paul Blikstad presented an oversize aerial photograph. (Discussion about the map occurred.) Tracy White of Community Development explained that several public meetings were held a few years ago, and that the TER 5 zone was based on the older RS - R5 zone, except the statement of mobile home parks density underlying zone. She stated that the Department of Environmental Quality is conducting a feasibility study on central Terrebonne, with the desired concept of one sewer system and one water system in the future. Chair Linda Swearingen asked if all property owners have been notified of this down zoning; Ms. White answered that only one call questioning this has been received. She explained that it was a maximum of 12 per acre for mobile homes, and this would deleted mobile home and multi -family dwellings from the text; and would require rezoning to TER -M to allow mobile home parks. Rezoning would be tied to water and sewer services, and adjacent owners would have to waive their right of remonstration against the formation of a sewer district. Commissioner Luke asked if this is down zoning and asking owners to waive their rights. Commissioner Swearingen answered that the water and sewer districts are concerned about inadequate systems; their concern is not down zoning as long as people hook up to the systems. She said that was the main concern. Paul Blikstad stated that this mobile home park project has the potential to double the size of Terrebonne; and that the Hearing Officer's decision on mobile home parks is based upon the lack of infrastructure; she feels the zone change process is better. Chair Swearingen asked why not make it contingent upon those things being met. Excerpt of Minutes of Board Meeting Page 2 of 9 Pages Wednesday, May 24, 2000 Paul Blikstad stated that they feel the more appropriate method is to go through a zone change process, to give the public an opportunity for input on how they want their community to develop. If the zone change is there, they can go for the use change down the road. Chair Swearingen stated that this was already updated, after numerous public meetings and discussions. Tracy White said that Planning thought leaving mobile home and multi -family dwellings in the text was a mistake; residents indicated want it to stay as it is; they do not want timeshares or condos, but do want low income housing. Commissioner DeWolf asked if mobile homes is a conditional use, and whether the public has input on conditional use permits. Ms. White answered yes to both. Commissioner DeWolf stated that it sounds like the system works, since they were denied due to infrastructure inadequacies. Commissioner Luke agreed that since the planning process has been gone through during the last three years, he doesn't understand why this is so important to the Planning Department. Chair Swearingen said that the water and sewer districts are concerned regarding everyone doing their own system. She stated that they need to require a hook-up into an existing system, not down zoning. Kevin Harrison explained that the community at large does not want certain uses allowed, and the question should be what the community wants, that it's a matter of how they are built, not necessarily where they're built. Commissioner Luke replied that he is sensitive to what the community wants, but that there is also the practical application. People are going to move here, and the need has not been demonstrated on why this zoning should be changed. The new sewer and water systems will accommodate growth. Chair Swearingen said the concern should be people developing their land without an adequate water and sewer system. She stated that this has been blown out of proportion from what was originally asked; and asked for something that addresses the water and sewer systems, not down zoning. Tracy White said that the residents are against the sewer system in order to hold down growth. (It was decided that the Board would like to meet with the Planning Commission after July 4 to discuss this situation. Tracy White and her staff will make these arrangements.) Excerpt of Minutes of Board Meeting Page 3 of 9 Pages Wednesday, May 24, 2000 3. Before the Board was a Decision on Whether to Hear an Appeal of File No. A-007 Regarding the Hearings Officer's Decision to Deny a Partition to Create Two Farm Parcels and One Non -Farm Parcel in the EFU-TRB Zone (Applicant: George Cook). Tracy White stated that this partition was denied due to a 3/4 -mile road that is not County -maintained and substandard, and is not built to rural standards. (A map was reviewed at this time.) She said that Mike Skeels of the Fire District may provide a letter regarding fire protection coverage. LUKE: I move to hear this appeal de novo. DEWOLF: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. 4. Before the Board was a Decision on Whether to Hear an Appeal of File No. A-008 Regarding the Hearings Officer's Decision to Deny a Conditional Use Permit for a Non -Farm Dwelling on Ten Acres in the EFU-TRB Zone (Applicants: Tom and Mimi Sheehan). LUKE: I move to hear this appeal de novo. SWEARINGEN: I second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. 5. Before the Board was Consideration of Signature of a Deed of Dedication for the City of Redmond's Approval Regarding New Alignment for Relocated Canal Boulevard and Sisters Avenue Extension over the Old Fairgrounds Property. Rick Isham explained that the final hearing is June 13, 2000, at which time the City of Redmond intends to sign the final order vacating the property back to Deschutes County. It is in process, and there appears to be no controversy. (The Board agreed that a license be put into place until the process is complete.) Excerpt of Minutes of Board Meeting Page 4 of 9 Pages Wednesday, May 24, 2000 S WEARINGEN: DEWOLF: VOTE: LUKE I move approval, upon completion of the vacation signature and deed of dedication, and the issuance of license in the interim. I second. DEWOLF: S WEARINGEN: Aye. Yes. Chair votes aye. ADDITIONS TO THE AGENDA Rick Isham asked about the legislative process and the need to reaffirm that the Board of County Commissioners is the legislative body; others can only recommend. He said that before an Ordinance can be set for a hearing, it should have the Board's approval; and that Planning is supposed to review after the Board sends it to them. He stated that the Terrebonne process was backwards, and clarification should be made regarding the process. (A general discussion then occurred regarding the Terrebonne issue and the hearings process.) Rick Isham then brought up the issue of public records reports, and requested that a meeting be set with various departments to discuss a policy to address these reports. The Board agreed that a preliminary meeting should be held. Bruce White discussed the upcoming public hearing in La Pine, scheduled for June 12. He asked for chair approval to publish a display ad in.the Bulletin and other local papers. He said he met with the petitioners, who asked for a full-page ad, which is not in the budget; the Board said an advertisement in the Frontier Advertiser would be appropriate, and flyers could be posted in local La Pine businesses. They also said that a press release will occur; Crestview Cable could also advertise this meeting; and the La Pine Chamber of Commerce might be able to accommodate an insert. Excerpt of Minutes of Board Meeting Page 5 of 9 Pages Wednesday, May 24, 2000 CONSENT AGENDA Before the Board was Consideration of Approval of the Consent Agenda. DEWOLF: I move approval of the Consent Agenda LUKE: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. Consent Agenda Items: 6. Signature of Facility Grant #1021, Paulina lake Boat Ramp and Floats; and Facility Grant # 1025, Cinder Hill Boat Ramp, Parking and Floats, between Deschutes County, the Oregon State Marine Board, and the U. S. Forest Service. 7. Signature of Order No. 2000-069, Authorizing the Sale of Southern Holmes Road Property to Doug Strain, to Acquire a Project (Health and Human Services/Becky Johnson Community Center) 8. Signature of Order No. 2000-070, Authorizing the Sale of Northern Holmes Road Property to Acquire a Project (Health and Human Services/Becky Johnson Community Center) 9. Signature of a Bargain and Sale Deed Authorizing Central Oregon Irrigation District to Convey Property Located at Deschutes Junction to the County 10. Signature of Resolution No. 2000-026, Transferring Appropriations Within Various Funds of the Deschutes County Budget for Fiscal Year 1999-2000 11. Signature of Resolution No. 2000-027, Transferring Appropriations Within Various Funds of the Deschutes County Budget for Fiscal Year 1999-2000 12. Signature of Order No. 2000-071, Transferring Cash Among Various Funds in the Deschutes County Budget for Fiscal Year 1999-2000, and Directing Entries 13. Chair Signature of an Oregon Liquor Control Commission License Application for Cultus Lake Resort Excerpt of Minutes of Board Meeting Wednesday, May 24, 2000 Page 6 of 9 Pages CONVENE AS THE GOVERNING BODY OF THE 4-H/EXTENSION COUNTY SERVICE DISTRICT 14. Approval of Weekly Accounts Payable Vouchers for the 4-H/Extension County Service District for the Weeks of May 15, 2000 and May 22, 2000 in the Total Amount of LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. ADDITION TO THE AGENDA: Consideration of Signature of Resolution No. 2000-028, Transferring Appropriations Within Various Funds of the Deschutes County Budget for Fiscal Year 1999-2000, and Directing Entries DEWOLF: Move approval. SWEARINGEN: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 15. Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District for the Weeks of May 15, 2000 and May 22, 2000 in the Total Amount of LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: DEWOLF: SWEARINGEN: Excerpt of Minutes of Board Meeting Wednesday, May 24, 2000 Aye. Yes. Chair votes aye. Page 7 of 9 Pages CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 16. Approval of Weekly Accounts Payable Vouchers for the Bend Library County Service District (Construction) in the Amount of LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 17. Approval of Weekly Accounts Payable Vouchers for the Weeks of May 15, 2000 and May 22, 2000 in the Total Amount of DEWOLF: Move approval, subject to review. LUKE: Second. VOTE: LUKE: Aye. DEWOLF: Yes. S WEARINGEN: Chair votes aye. 18. ADDITIONS TO THE AGENDA a) Jim Bonnarens, Property Management, brought up a current situation of citizens building on County -owned land. He stated that a couple has built a residence on County -owned land adjacent to their own property, not bothering to apply for permits. Community Development staff said it would be nearly impossible to inspect the structure at this point to determine its livability. They generate power by use of a windmill, and haul in their water supply. The woman recently gave birth to a daughter in the couple's bus before the structure was built. Chair Swearingen noted that the County needs to help them arrange for housing. Rick Isham suggested consulting a social services worker to assist them. Jim Bonnarens said they had purchased their land for $1,000, and it is unbuildable, so a trade with them is not feasible. Excerpt of Minutes of Board Meeting Page 8 of 9 Pages Wednesday, May 24, 2000 Jim Bonnarens said they explained they thought they were in the right place, but have stopped their work on the property. Chair Swearingen said they should be given 90 days' official notice to vacate, but to find out what their needs are and help them to relocate before winter. b) Jim Bonnarens asked about the easement requested by Central Electric Cooperative. (Discussion occurred regarding a map of the area.) He recommend approval at no cost, but with the condition that if the County decides to develop the property and the easement needs to be moved, Central Electric Cooperative is to pay for this expense. Commissioner DeWolf and Chair Swearingen indicated they are inclined to say "no" at this point, as the poles are too tall at 85 feet. The Board asked to meet with representatives of Central Electric Cooperative before further consideration of this issue. Jim Bonnarens said he would make the appropriate arrangements. Being no further discussion, Chair Linda Swearingen adjourned the meeting at 11:25 a.m. Dated this 24th Day of May 2000 for the Deschutes County Board of Commissioners. A . 1 ATTEST: Excerpt of Minutes of Board Meeting Wednesday, May 24, 2000 L. Swearin-gef, , Chair R. Luke, Commissioner 1 Tom DeWolf, C missioner Page 9 of 9 Pages Ralph and Linda Moskowitz 20195 Winston Loop Bend, OR 97701-8990 541-389-4468 E-mail: rlmosk@aol.com May 23, 2000 Letter to the Deschutes County Commissioners: Central Oregon is in danger of losing its unique scenic beauty to telecommunication towers. American Tower Corp. and VoiceStream Wireless have started the process of applying for conditional use permits to build a network of 150 foot telecommunication towers throughout Central Oregon. We live in a very special part of the country with spectacular views of the Cascades and the High Desert. These views are in jeopardy NOW. These towers are nothing new in the United States. They dot the landscape throughout the country and in other very scenic areas mostly because communities were unprepared for them. Deschutes County has zoning ordinances aimed at regulating towers such as those proposed but they are only as good as to how they are enforced and how well you respond to your constituent's concerns. It has been my experience that when the public is informed about the impact the towers will make on their lives they don't want these tall towers dominating the skyline. Most of the public wants the technology the towers will offer the community, but they want the towers to have as little impact on the landscape as possible. Don't let the big corporations fool you into thinking that what they are proposing is the only option. It's not! Other communities around the country have successfully required that towers such as these be reduced in height, be camouflaged so as to blend in with trees and surrounding area, and not be located in residential areas or in such areas as to dominate the skyline. Your help is needed to assure that these proposed towers don't become another eyesore as the golf driving range did. Please don't let us down. Sincerely, Ralph and Linda Moskowitz