2000-726-Minutes for Meeting June 14,2000 Recorded 6/22/2000VOL: CJ2000 PAGE: 726
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-726 * Vol -Page Printed: 06/27/2000 11:58:12
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. 22, 2000; 4:41 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 10
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KE X7�2000F# Q
JU
TEs �
�jBoard of Commissioneri
1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 388-4752
www.co.deschutes.orus
Linda L. Swearingen
Dennis R. Luke
MINUTES Tom Dewoff
BOARD OF COMMISSIONERS MEETING ,
Y.� O
WEDNESDAY, JUNE 14, 2000 C) t
C r.•_
1130 NW Harriman Street, Bend, Oregon`:' ^'
Administration Building r=
Vice Chair Dennis Luke opened the meeting at 10:02 a.m. Commissionem present
were Tom DeWolf and Dennis Luke. Also present were George Read, Tom
Anderson, Chris Schmoyer and Kevin Harrison, Community Development; Rick
Isham and Bruce White, Legal Counsel; Mike Maier, County Administrator; Susan
Mayea and Ted Schassberger, Commissioners' Office; and several citizens.
Commissioner Linda Swearingen was excused.
1. Citizen Input
There was none offered.
2. Before the Board was Consideration of Signature of Resolution No. 2000-
032, Appointing Gary Smith as Grant Administrator for the Mental Health
County Financial Assistance Grant Agreements for Fiscal Year 2000-01.
Rick Isham, County Counsel, explained that this Resolution would allow
routine changes in grant agreements. He further stated that he had added a
provision indicating Mr. Smith, the Director of the Deschutes County Human
Services Department, is not authorized to sign any agreement outside of the
budget nor one that incurs liability. He would be required to bring any such
agreement before the Board.
DEWOLF: I move approval.
LUKE: I second.
Minutes of Board Meeting
Wednesday, June 14, 2000
Quality Services Performed with Pride
Page 1 of 7 Pages
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
3. Before the Board was Consideration of Signature of Amendment No. 2 to
an Agreement Between Deschutes County and HE, Inc., for Engineering
Services Related to La Pine Water System Improvements
DEWOLF: I move approval.
LUKE: I second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
Before the Board was the CONSENT AGENDA, as follows.
4. SIGNATURE of an Amendment to Oregon Department of Transportation
Agreement #16243 re: Deschutes Junction Phase II, Extending the Completion
Date from June 18, 2000 to December 31, 2001.
5. SIGNATURE of Amendment #4 to Cooperative Improvement Agreement
# 11732 (Parkway) with the Oregon Department of Transportation re: Revisions
of the Exhibits Detailing Jurisdictional and Construction Responsibilities.
6. SIGNATURE of the First Amendment of a State of Oregon Intergovernmental
Agreement between the Oregon Youth Authority and Deschutes County.
7. SIGNATURE of a Lease Agreement with Patsy Ballard for the Use of 924 SE
Breitenbush Road as an Adult Foster Care Home.
8. SIGNATURE of an Indemnity Agreement for the Pacific Crest Triathlon to be
Held on June 24, 2000.
9. ACKNOWLEDGEMENT of Deschutes County Rural Fire Protection District
42, Resolution #10, Creating a Contract Review Board.
10. APPROVAL of a Special Transportation Fund Application for Fiscal Year
2000-01.
11. SIGNATURE of Order No. 2000-072, Transferring Cash Among Various
Funds as Budgeted in the Fiscal Year 1999-2000 Deschutes County Budget,
and Directing Entries.
Minutes of Board Meeting Page 2 of 7 Pages
Wednesday, June 14, 2000
DEWOLF: I move approval of the Consent Agenda
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
CONVENE AS THE GOVERNING BODY OF THE 4-H/EXTENSION
COUNTY SERVICE DISTRICT
12. Before the Board was Approval of Weekly Accounts Payable Vouchers for
the 4-H/Extension County Service District in the Amount of $403.17.
DEWOLF: I move approval, subject to review.
LUKE: I second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
13. Before the Board was Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District in the Amount of $56,863.11.
DEWOLF: Move approval, subject to review.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY
COUNTY SERVICE DISTRICT
14. Before the Board was Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District in the Amount of $974.06 (Construction).
DEWOLF: Move approval, subject to review.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
Minutes of Board Meeting Page 3 of 7 Pages
Wednesday, June 14, 2000
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
15. Before the Board was Approval of Weekly Accounts Payable Vouchers in
the Amount of $525,174.28.
DEWOLF: Move approval, subject to review.
LUKE: I second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
16. ADDITIONS TO THE AGENDA
a) Before the Board was Signature of a Board Decision on CU -99-137/A-
00-6 (Applicant: Fred Hall; Overturning Hearings Officer's Decision).
Commissioner Luke asked if feed yards and sales yards are required to be
open year-round to be licensed. Chris Schmoyer of the Community
Development Department replied that the state licenses feed yards and sales
yards, so the state sets licensing requirements accordingly.
DEWOLF: I move approval of signature of a decision overturning the
Hearings Officer's decision on CU -99-137.
LUKE: I second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
b) Before the Board was Signature of a Renewal of Intergovernmental
Agreement with State of Oregon Water Resources Department in
Exchange for G.I.S. Data
Tom Anderson of Community Development explained that no money is
exchanged, just data.
DEWOLF: Move approval.
LUKE: I second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
Minutes of Board Meeting Page 4 of 7 Pages
Wednesday, June 14, 2000
c) Before the Board was Consideration of Appointments and Re -
Appointments to the Deschutes County Ambulance Service Advisory
Committee, and Extension to Franchisees for Submission of Franchise
Applications.
DEWOLF: Move approval.
LUKE: I second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
d) Before the Board was Consideration of Signature of a Letter Appointing
Monte C. Dahlman as Director of the Board of Vandevert Acres Special
Road District, with a Term Ending May 31, 2003 (Replacing Jim Kendall,
Who Moved Outside the District).
DEWOLF: Move approval.
LUKE: I second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
e) Before the Board was Consideration of Signature of Board Order No.
2000-013, Cancellation of Uncollectable Personal Property Taxes,
Totaling $72,933.67.
DEWOLF: Move approval.
LUKE: I second.
VOTE: DEWOLF: Yes.
LUKE: Chair votes aye.
OTHER BUSINESS:
Commissioner Luke brought up the fact that he and the other Commissioners
had received numerous calls and e-mail messages regarding the Tumalo
Irrigation District allowing a cellular tower on Laidlaw Butte. He asked if there
are any "holes" in the ordinance that may allow this.
Minutes of Board Meeting Page 5 of 7 Pages
Wednesday, June 14, 2000
George Read gave an overview of the existing code, and said that a tier 1
facility cannot exceed an additional 15 feet over the existing pole. He further
stated that the question is if a pole is replaced with a new one, is it still
considered existing. He explained that much of this depends upon
interpretation, and exceptions were not the intent of the ordinance. He said
there is some confusion on how to apply this to buildings, as it can be
interpreted differently.
Commissioner Luke asked how Community Development would interpret the
code relating to a building height limit for earthquake and fire safety reasons;
could a 15 -foot antenna be added? Mr. Read replied yes, but the only way to
interpret this is if the 15 -foot pole was already in the ground when the code was
adopted.
Bruce White, Legal Counsel, stated that "existing" cannot be interpreted two
different ways, it should be one way or another.
Commissioner DeWolf said that his preference would be for this to be
interpreted narrowly as to existing when the ordinance was approved. He
further stated that if this creates problems based on a new building, this could
be dealt with as a separate issue.
George Read reviewed Chapter 18.120.040 regarding building height
exceptions (copy attached as Exhibit A). He stated the Laidlaw Butte issue falls
in a gray area, as the code has a problem in this regard. He further explained
that if no building permit is needed, the County may never know about it.
Commissioner DeWolf asked how long it would take to clear up the code in this
regard. Mr. Read replied that the Planning Commission would need to review
it, so the process would take approximately four to six weeks. Bruce White
said that the best process if for staff to interpret it as narrowly as possible.
Mr. Read stated that he feels this is a land use type of decision and may be
appealable to the Board and to LUBA. Bruce White explained that if this is to
be addressed through an ordinance, a public hearing process is necessary.
Rick Isham noted that the community is highly sensitive to height issues, and if
the County wants checks and balances, there must be the same process followed
for all towers and poles that go up. George Read said that standards need to be
developed through the Planning Commission and a public process, and he will
be addressing this issue immediately.
Minutes of Board Meeting Page 6 of 7 Pages
Wednesday, June 14, 2000
Being no further discussion, Vice Chair Dennis Luke adjourned the meeting at
10:55 a.m.
Dated this 14`h Day of June 2000 for the Deschutes County Board of
Commissioners.
ATTEST:
Minutes of Board Meeting
Wednesday, June 14, 2000
Linda L. Swearingen. Chair
is R. Luke, V
Tom DeWolf, Commissioner
Page 7 of 7 Pages
1984: Ord. 81-005 § 1. 1981; Ord. 81-003 § 1.
1981)
18.120.040. Building height exceptions.
A. The following structures or structural parts
are not subject to the building height
limitations of this title: public schools,
chimneys, tanks, church spires, belfries,
domes, monuments, fire and hose towers,
observation towers, transmission towers,
smokestacks, flagpoles, radio and other
similar projections, and agricultural
structures as defined in this ordinance. This
exception does not apply to an Airport
Development Zone, Airport Height
Combining Zone or Landscape Management
CombiningZone.
B. An exception (up to 36 feet) to the building
height limitations for structures not otherwise
exempted by 18.120.040(A) may be
approved upon findings that:
1. The structure is not located in a
Landscape Management Zone, except
when the structure is a single-family
dwelling with an attached hangar located
in an unincorporated community and the
structure has a maximum height of 35
feet including chimneys, antennas. flag
poles or other projections from the roof
of the structure;
2. The structure is not located within 100
feet of any rimrock. as defined in DCC
18.04.030:
3. After consultation with the applicable
fine department, the proposed height does
not exceed the height limitation of the
department's fire fighting equipment,
considering the evacuation of the
building's occupants and the fire fighting
requirementsof the department; and
4. The proposed additional height will not
adversely impact scenic views from
existing nearby residences.
(Ord. 96-035 § 1, 1996; 93-043 § 20C, 1993:
Ord. 92-055 § 10, 1992; Ord. 92-036 § 1, 1992)
Chapter 18.120
6
18.120.050. Fill and removal exceptions.
A. Fill and removal activities involving the
removal of vegetation are permitted outright
if the material to be filled or removed will not
exceed 50 cubic yards in volume and such fill
or removal activities are undertaken for the
purpose of (1) removal of diseased or
insect -infested trees or shrubs or of rotten or
damaged trees that present safety hazards, or
(2) normal maintenance and pruning of trees
and shrubs.
The following fill and removal activities may
be authorized by the planning director or
hearings body upon a finding that no adverse
impacts will occur to the water resources of
Deschutes County:
I. Minor fill or removal required for
vegetative enhancement, including
excavation and preparation of the ground
for planting additional vegetation.
2. Fill or removal for maintenance and
repair of existing bridges, dams,
irrigation facilities and similar public and
semipublic facilities, provided such fill
or removal does not alter the existing
characteristics of the stream, river or
wetland.
3. Fill or removal for maintenance and
repair of nonconforming structures or
boat docks.
4. Emergency actions taken to mitigate fill
and removal violations when such
emergency actions are intended to have a
beneficial impact on fish and wildlife
habitat and are determined to be the
actions with the least overall impacts on
the surrounding area, considering
hydrologic factors; impact on water
quality, on aquatic life and habitat and
wildlife and habitat; the recreational,
aesthetic and economic values of the
affected water resources; and existing
streambank stabilization problems.
5. Fish and wildlife habitat enhancement
projects approved or sponsored by the
Oregon Department of Fish and Wildlife.
(Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991;
Ord. 86-056 § 3, 1986)
(10/1998)
s
'Fez,
Board of Commissioners
1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 388-4752
www.co.deschutes.orus
MEDIA RELEASE For Immediate Release `'"daDe�� s R'Luke
Contact: Bonnie Baker, 388-6572 Tom DeWoff
"Big Cog" Awards Presented as Part of "Commute Options Week"
Bend, June 7, 2000 - The Deschutes County Board of Commissioners presented
the Deschutes County Bicycle/Pedestrian Advisory Committee's fifth annual "Big
Cog" awards to citizens who have contributed to the improvement of bicycle and
pedestrian facilities, safety, planning and educational issues in Central Oregon.
This presentation was part of "Commute Options Week", June 5 through 11, in
Central Oregon.
The award ceremony honored Muffy Roy, Steve Jorgensen, Dr. Ted Ford and
the Central Oregon Trail Alliance (COTA), for their individual efforts in
promoting safe walking and bicycling in Central Oregon. The award, named for
the largest and most powerful gear on a bicycle, is given as part of Commute
Options Week..
Muffy Roy was honored for her part in founding the inspirational "Bike to School
Tuesdays", a cycling program for students (and their parents) that originated at
Kenwood School and grew to encompass several other area schools. The program's
presence initiated community discussion on the necessity of bicycling education,
safety, and the need for safe trails and bike lanes.
Steve Jorgensen, Transportation Planner for Deschutes County Community
Development, was recognized for his ongoing work towards ensuring a bicycling
and pedestrian network in Deschutes County, and for his instrumental role in
organizing Commute Options Week's bicycle planning seminars for the past
two years.
Dr. Ted Ford was recognized for his generous donation of ten mountain bikes and
helmets to the Bend Boys and Girls Club, initiating a biking program for the Club
and organizing experienced instructors and coaches to work with the children. Ford
also organized the first ever kid's event at the 1999 Cascade Cycling Classic.
Quality Services Performed with Pride
- continued -
COTA, a leading voice in Central Oregon trail advocacy since 1993, was honored
for its continued efforts in maintaining local bicycle and walking trails, working
with the United States Forest Service on issues of trail access, and educating the
community on the inherent value of trails.
For additional information, call Steve Jorgensen, Deschutes County Community
Development Department, at 383-6718 (e-mail: stevej@co.deschutes.or.us), or Jeff
Monson, Director, Commute Options for Central Oregon, (541) 330-2647
-End-