2000-714-Minutes for Meeting May 24,2000 Recorded 6/15/2000VOL: CJ2000 PAGE: 714
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
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*02000-714 * Vol -Page Printed: 06/20/2000 14:52:59
DO NOT REMOVE THIS CERTIFICATE
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ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
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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
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t711' Board of Commissioner:
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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submitted three applications; two were withdrawn, and one is pending.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
