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2001-493-Minutes for Meeting June 06,2001 Recorded 6/15/2001VOL: CJ2001 PAGE: 493 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02001493 * Vol -Page Printed: 06/29/2001 15:44:09 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, 2001; 3:09 p.m. Regular Meeting (CJ) NUMBER OF PAGES: 14 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KEYPUNCHED JUN5 2001 1 Y93 01 JILIN 15 P11 3: 09 t_ .{ COUN1Y i`Li.r K Board of Commissioners 1130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf MINUTES OF BOARD MEETING Dennis R. Luke Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JUNE 69 2001 Prior to the meeting, the group was entertained by the talented students of Juniper Elementary School who, lead by their teacher Kimberly Lear, gave a lively song and skit presentation of "Jack and the Beanstalk ". Present were Commissioners Tom De Wolf, Dennis Luke and Mike Daly. Also present were Mike Maier, County Administrator; Jenny Scanlon and Susan Mayea Ross, Commissioners' Office; George Read, Damian Syrnyk, Doreen Blome', Steve Jorgensen, Kevin Harrison, Steve Miller and Paul Blikstad, Community Development; Scott Johnson, Commission on Children & Families; Laurie Craghead, Legal Counsel; Jim Bonnarens, Property Management; media representatives Barney Lerten of bend com; Caroline Howe of Z-21 TV, and Jeff Mullins, KBND Radio; and approximately 70 citizens. Chair Tom De Wolf opened the official Board meeting at 10: 30 a.m. 1. Before the Board was Citizen Input. Citizen Ben Bidwell of Redmond spoke, and showed the Commissioners some photographs. He explained that he has a severe weed problem in his area, and fights the weeds about six months out of the year. Since burning is now closed in the County, he's now up to about six feet high in weeds. He would like to get a special burning permit to get them out of the way. Minutes of Meeting Page 1 of 13 Pages Deschutes County Board 0QQ%1 #0i9 f99s Performed with Pride Wednesday, June 6, 2001 He further said that the weeds grow on a field of ten or twenty acres to the west of his property, and the weeds end up blowing onto his property. He's talked with an attorney to try to resolve the problem, and is doing what he can do. He asked if the Board could speak with the proper authorities about this situation. Commissioner Luke advised him that the Board does not have control over the fire department, but can talk to them about it. Mr. Bidwell said he has spoken with representatives of Redmond Fire Department twice, but has not been able to get any help. He said he's in Redmond's district but just outside the urban growth boundary. Commissioner Luke stated that, from the photos, it looks like a big problem. Mr. Bidwell responded that it would be nice if someone would try to help him. Commissioner Daly then asked Mr. Bidwell if he is the only neighbor with the problem. (Mr. Bidwell did not respond; it appears he didn't hear the question.) Commissioner Luke said these aren't considered noxious weeds, but are a major hazard. He stated he would check with the fire department to see if they can help. Mr. Bidwell said the owners live out of state and haven't maintained their property; this is an ongoing problem. Commissioner Luke said the cities have ordinances to keep weeds cut down, but it would be hard to do county -wide. He took Mr. Bidwell's name and phone number, and promised to contact the fire department to see what can be done. 2. Before the board was a Presentation of the "Big Cog" Award, Recognizing Individuals, Businesses and Agencies that have Contributed toward the Improvement of Central Oregon Traffic Issues. Mike Puzone, Co -Chair of the Deschutes County Bike & Pedestrian Advisory Committee, read the names and gave the backgrounds of the four honorees (attached as Exhibit A). Chair DeWolf presented the plaques. 3. Before the Board was Consideration of Signature of Order No. 2001-051, Approving the Designation of Territory as "River Forest Acres No Shooting District" and Approval of a Correction to the Proposed District Name to "First Addition River Forest Acres"; and Setting of Fees. Minutes of Meeting Page 2 of 13 Pages Deschutes County Board of Commissioners Wednesday, June 6, 2001 LUKE: I move approval of the Order, the name correction and the setting of fees. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Wes Perrin, the chief petitioner, thanked the Board for its work. He also said that Doreen Blome' has been extremely helpful. He further stated in his opinion the Deschutes River corridor is a patchwork when it comes to no shooting zones, which is confusing for the public and enforcement. He said he would like the Board to reconvene the summit from years ago to readdress this issue, and would like to see the corridor extended from Sunriver to Fall River if possible. Commissioner Luke responded that the County has no jurisdiction on U. S. Forest Service areas, and the zone only can deal with platted subdivisions, or private property with 100% participation. The Forest Service doesn't seem interested in doing this. Doreen Blome' stated that there doesn't seem to be much enthusiasm at all from them. Mr. Perrin said that in the past, the Board has been a catalyst in gathering the parties around one table. He further stated that he feels the Oregon Department of Fish and Wildlife and the Forest Service are simply indifferent. Commissioner Luke said that the County needs to take on one area at a time, and General Patch Bridge is the next one. 4. Before the Board was a Public Hearing and Consideration of Approval of a Text Amendment to Section 18, Amending Size Limitations for Individual Storage Units as Part of a Mini -Storage Facility. Damian Syrnyk gave an overview of the issue. He explained that the Planning Commission had recommended to the Board an increase of allowed unit size to 1,000 square feet. He said he is still trying to get information from the local fire marshal regarding fire department requirements; and he has researched heating and electrical service and the storage of propane within the unit. Minutes of Meeting Page 3 of 13 Pages Deschutes County Board of Commissioners Wednesday, June 6, 2001 Commissioner Luke stated that you couldn't write an ordinance for one application. He asked if when the vehicles are parked in the units, are they allowed to be plugged into a power source; he also asked how you keep them from becoming a work site. Mr. Syrnyk replied that one thing that would go along with this is compliance with building codes and uses. This kind of facility receives an S-1 occupancy rating, which is dead storage only. The height restriction doesn't change. Chair De Wolf then opened the public hearing. John Partin, a resident of Bend, spoke. He indicated there might be a misunderstanding as to what they are trying to do here. He said they don't want to change any building codes or fire restrictions. They plan to park recreational vehicles in some of these units. Only the size of the unit will be changed to accommodate this use. The items stored could be snowmobiles, a boat, or recreational vehicle of some other kind. He added that this is an outright use with in the local cities. Mr. Partin further stated that in Brinson Business Park they have some of these units in use right now. As a hazard it's no more than if someone builds an oversized garage at a residence. He said, as he understands it, several years ago the 500 square foot figure was set up, and was an arbitrary number. Commissioner Luke explained that the Board wants to make sure there are no unintended consequences to this action. He said he doesn't see a problem with this project, but wants to make sure the County hasn't overlooked something. Mr. Partin stated that he knows they have to comply with height requirements. He would like to see this accelerated, and there are seven buildings planned and people lined up to use them. He'd like to be able to build them before the snows fly. He explained that the buildings will be insulated steel, and the dividing walls are 20 -gauge galvanized metal. Commissioner Luke said that he hopes Damian (Syrnyk) is able to provide the information that has been requested prior to the next Board meeting on Monday (June 11). He further said that he wants to make sure all questions about this are answered. The project isn't a problem, but he wants to make sure there aren't any unforeseen problems with adopting the ordinance. Minutes of Meeting Page 4 of 13 Pages Deschutes County Board of Commissioners Wednesday, June 6, 2001 Chair De Wolf directed that the hearing be left open until the Work Session on Monday, June IL 5. Before the Board was Consideration of a Written Decision on Conditional Use Permit CU -00-02 (Appeals A-00-15 and A-00-16) for Tumalo Irrigation District to Establish a Wireless Telecommunications Facility on Laidlaw Butte. Damian Syrnyk explained that the changes on page 5 that Commissioner Daly had identified at the meeting of Monday, June 4, had been completed; and he also reviewed the oral decisions the Board had made regarding the permit. Mr. Syrnyk reiterated that the Board had made two motions - one on the permit itself, and one to contact Tumalo Irrigation District and Cellular One regarding the use of camouflage. Commissioner Daly stated that the changes on page 5 are fine with him. LUKE: I make a motion to approve the application based on the findings and decisions as presented by staff. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes no. 6. Before the Board was the Second Reading and Consideration of Signature of Ordinance No. 2001-024, Identifying and Adopting Wildfire Hazard Zones according to OAR Chapter 629, Division 44. LUKE: I move for second reading, by title only. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair Tom De Wolf then conducted the second reading, by title only. Minutes of Meeting Page 5 of 13 Pages Deschutes County Board of Commissioners Wednesday, June 6, 2001 LUKE: I move approval of Ordinance No. 2001-024. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 7. Before the Board was a Decision on a De Novo Appeal Submitted by High Desert Development Partners on Conditions of the Hearings Officer's Approval of a Conceptual Master Plan for the Huntington Ranch Destination Resort. George Read gave a brief overview of the issue. He and County legal counsel, Laurie Craghead, have worked with the applicant and have added some conditions that were not in the original proposal. Chair DeWolf asked if the underlined material in the new document, received this morning, indicates all of the changes. Laurie Craghead replied yes. All three Commissioners indicated they had not had an opportunity to fully review the new paperwork since they had just received it. Commissioner Luke wished to state for the record that he had received some ex parte contact on this issue by Bill Smith recently; and he also had a brief conversation with Hap Taylor. Commissioner Daly stated that he had also received a phone call from Bill Smith and they discussed Commissioner Daly's concerns about the connection of the right of ways. He said he is concerned that the County gets the right of way around the entire resort or through it, one or the other. Commissioner Luke asked if the applicant wished to reopen the record. Ms. Craghead said that they have not indicated that they want to do this; it would also require notice. George Read stated that he told the applicant that would not be a good idea and would probably not help, as the real issue comes down to the secondary access which won't be known for a couple of years. He said it wouldn't help to open the record for this, as the problem can't be solved at this point. Minutes of Meeting Page 6 of 13 Pages Deschutes County Board of Commissioners Wednesday, June 6, 2001 Commissioner Luke explained that his only concern is that the secondary road be connected to the primary road. Whether it goes through or around development, he doesn't care. He said he would do whatever possible to help the applicant secure that. He said in addition that there is a County road within the development that will have to be vacated at some point. Mr. Read said that he thought the Board was uncomfortable giving up the road if it was assured that it would be replaced. The applicant is uncomfortable leaving the road inside the resort. The County has several roads running around out there; the applicant needs to believe that a road around the resort will be placed. There needs to be a memorandum of understanding prior to approval of the final master plan that looks like the County will give up its road in exchange for certain knowledge that other road will be installed. He further stated that the other part is that the County has to look at a development agreement detailing proportional shares of the cost. Since the County has a discretionary decision left - the final master plan - the County can defer the final numbers until that process is complete. No one will know the exact location, but all can agree in concept as to who pays what. This would ultimately go to the Board. Commissioner Luke indicated that there's no problem if a memorandum of understanding is in place to work towards a solution; he wants to make sure that this happens. Mr. Read replied that the biggest fear is in regard to the BLM. If the BLM says no access will work, the County will have to look at some of the other County roads out there. He said he spoke with BLM about the MOU, and there is a question in his mind whether BLM will sign an MOU that gets the development to where it wants to be. Chair DeWolf said that there's no logic for BLM to make the County or developer build a road way out of the way. There should be one to skirt the development. Commissioner Luke stated that the County has lots of roads that it has no intention of paving, due to the sensitivity of the area. Minutes of Meeting Page 7 of 13 Pages Deschutes County Board of Commissioners Wednesday, June 6, 2001 Mr. Read said that the agreement does have a fail-safe. If the agreement doesn't work, there will be a provision in lieu of it. There is a fallback condition. It is very likely that everyone can solve this situation through the process. With the final master plan approval, the County gets another bite of the apple. Chair DeWolf asked if the $142,000 for the gravel road, and Sheridan Road, are still issues. Ms. Craghead said that those have been eliminated. However, she is still waiting for feedback from the applicant on the new draft, which they also just received this morning. Chair DeWolf said that the Board could possibly approve this on Monday, June 11, but he wants to be sure that the applicant is agreeable to the changes. Commissioner Luke stated that the Board has received an e-mail from Alan Unger regarding this connectivity. Commissioner Daly said he questions the future of 19th Street, and whether this development will contribute toward it. Chair DeWolf stated the primary access doesn't go to 19th Street. George Read said there might be a question here. If 19th Street is never built by the City of Redmond or the County, the developer may be on the hook. If so, it would have to be an urban standard street and it is very long. If it's there, the question is do they have to pay any proportionate cost of that. If the Board wants to clarify that, it can be done. He said that he believes that's what the applicant will do. Commissioner Luke explained that the money is already there, the local improvement district is in place, and it's being built to the fairgrounds. The extension to cover the golf course is a question, as is from there to where the secondary access comes out. If the County doesn't do anything there, the developer would be responsible from where secondary access comes from the development to where it ties into 19th Street. Chair DeWolf said they could make a deal to improve Sheridan. Mr. Read said that is correct; if the County builds some roads in the meantime, the developer may be responsible for a proportionate share. Minutes of Meeting Deschutes County Board of Commissioners Page 8 of 13 Pages Wednesday, June 6, 2001 Commissioner Luke said that the only thing the County is looking at is building it quicker and to a higher standard. Mr. Read stated that the County could clear up who is responsible for what; some of the language is very general now. Commissioner Luke said not to expect it up front; at 50% build out is fine. Chair DeWolf directed that this decision be carried over until the Work Session on Monday, June IL 8. Before the Board was a Decision on Whether to Hear an Appeal (#A-01-12) of the Hearings Officer's Denial of a Conditional Use Permit for a Personal Use Landing Strip in the EFU Zone (off Edmundson Road, Northeast of Sisters). Steve Miller explained that he received a letter from the applicant just before 5:00 p.m. yesterday, and the applicant did waive the time limit. He presented some oversized maps of the area to the Board, and gave a brief overview of where the property is in relation to other properties and roads. Commissioner Luke said that he didn't think the applicant was going to waive the time limit, so he didn't fully go through the documents. He asked for some time to review the information. Chair De Wolfdirected that this item be readdressed at the Work Session on Monday, June 11. 9. Before the Board was a Public Hearing and Consideration of Approval of Proposals for Public Transportation Discretionary Grant Funding (of Planning and Capital Activities Related to Special Transportation) from the City of Bend Dial -a -Ride, the Opportunity Foundation, CORIL/All Outdoors, and the Central Oregon Intergovernmental Council. Susan Mayea Ross explained that the Special Transportation Committee prioritized these proposals. Commissioner Daly asked why no one from Redmond was on the list; Ms. Ross explained that no applications were received from Redmond.agencies. Chair De Wolfopened the public hearing. Minutes of Meeting Page 9 of 13 Pages Deschutes County Board of Commissioners Wednesday, June 6, 2001 Being no response offered, Chair De Wolf closed the public hearing. LUKE: I move approval of these proposals. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 10. Before the Board was Consideration of Signature of a Letter of Intent to Contract between Deschutes County and the Crook County Education Service District for "Ready Set Go - Together with Children" Services. Scott Johnson explained that this is contingent on obtaining grant dollars in the approximate amount of $520,000. LUKE: I move approval of this letter of intent. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. BEFORE THE BOARD WAS THE CONSENT AGENDA. LUKE: Move approval of the Consent Agenda DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Consent ALrenda Items: 11. Signature of Order No. 2001-063, Changing the Name of Pine Place to Pine Court Minutes of Meeting Deschutes County Board of Commissioners Page 10 of 13 Pages Wednesday, June 6, 2001 12. Signature of Order No. 2001-064, Changing the Name of a Portion of Heierman Drive (south of Sunriver) to Sun Country Drive 13. Signature of Order No. 2001-065, Changing the Name of Pine Lane to Shirley Loop 14. Signature of Order No. 2001-066, Changing the Name of Willow Lane (near La Pine) to Jillian Lane 15. Signature of a Deed of Dedication for a Right -of -Way for a Road Improvement Project, to be Dedicated by Deschutes County and Accepted by the City of Bend 16. Signature of Order No. 2001-062, Authorizing the Sale of County -owned Property off Waugh Road, Bend, to Several Adjacent Property Owners 17. Signature of Acceptance of Right -of -Way Dedications from Owners of Property Adjacent to the Burgess/Huntington Road Intersection Widening Project 18. Signature of an Indemnity Agreement for the La Pine Frontier Days Parade, Scheduled for Saturday, July 7, 2001 19. Signature of an Indemnity Agreement for the La Pine Frontier Days Lawnmower Races, Scheduled for Wednesday, July 4, 2001 20. Signature of Order No. 2001-068, Authorizing the Sale of the North 40 -Acre Parcel of the Fremont Canyon Property 21. Signature of Order No. 2001-069, Authorizing the Sale of the South 40 -Acre Parcel of the Fremont Canyon Property CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 23. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $3,811.82 (two weeks). Minutes of Meeting Page 11 of 13 Pages Deschutes County Board of Commissioners Wednesday, June 6, 2001 If • LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 24. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $3,102.77 (two weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 25. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers in the Amount of $604,289.09 (two weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 26. Before the Board were Additions to the Agenda. None were offered. Minutes of Meeting Page 12 of 13 Pages Deschutes County Board of Commissioners Wednesday, June 6, 2001 Being no further items offered for consideration by the Board, Chair Tom DeWolf adjourned the meeting at 11:45 a.m. DATED this 6th Day of June 2001 for the Deschutes County Board of Commissioners. 51 Tom DeWolf, Chair ATTEST: 63b� Recording Secretary Minutes of Meeting Deschutes County Board of Commissioners Dennis R. Luke, Com issioneru­ is ael M. Daly, ommissioner Page 13 of 13 Pages Wednesday, June 6, 2001 News Release For Immediate Release June 6, 2001 Contact: Jeff Monson, Director, Commute Options for Central Oregon, (541) 330-2647 Big Cog Award Bestowed on Four BEND, Ore. The sixth annual Big Cog awards were recently presented by the Deschutes County Bicycle/Pedestrian Advisory Committee at a Deschutes County Commission meeting. The award ceremony honored Al Dertinger, Deborah Hogan, Royal Blend Coffee and the City of Bend Public Works Department, 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 out during Commute Options Week. Al Dertinner was honored for his contributions over the past 10 years as a Board member for High Desert BMX bicycle track, a member of Deschutes Co. Bicycle Advisory Committee, and current Board member of Cascade Cycling Classic. An avid cyclist since 1990, he averages 3000-4000 miles a year on his road bike. He's the former owner of Alpine Glass for 18 years and was a strong supporter of Commute Options Week. He's currently working on a seven-day ride as a national fundraiser for the Children's Miracle Network. Deborah Hogan has been an active advocate for pedestrian and bicycle safety in Deschutes County for the past fifteen years. She began as a volunteer for Kenwood Elementary working to establish safe walking routes to school. As a school board member, and transportation safety coordinator for the City of Bend, she has continued to advocate for countywide emphasis on safe, convenient walking and cycling routes. Several of our newest sidewalk and bike lane projects are a result of grant applications Deborah has written. In addition, she has produced public service announcements and brought bicycle safety training programs to Deschutes County that reached ten thousand local children. She continues to supervise a free bike helmet program that aims to provide a safety tested, cool -looking bicycle helmet for every needy child in the county. Royal Blend Coffee was recognized for their year-round commitment to promoting alternative forms of transportation, including support of their employees who choose to walk, bike or carpool to work. They also continue to be an enthusiastic supporter of Commute Options for Central Oregon. City of Bend Pubilc Works Deaartmert has demonstrated an increased commitment to the proper design of bicycle and pedestrian facilities throughout Bend. Public Works staff have become increasingly engaged in bike and pedestrian discussions throughout the community. Even with continuing budget constraints, bike and pedestrian capital projects have increased in priority. They have also initiated a "pothole" elimination program. 11-Y kja"t� A