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2002-901-Minutes for Meeting June 05,2002 Recorded 6/12/2002JOE SC H COUNTY OFFICIAL MARY SUE SRPENNOLLOW, COUNTY CLERK IrJ �00��901 COMMISSIONERS' JOURNAL 06/12/2002 01;01;15 PM AA iA A41 Board of Commissioners 1 130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke Mike Daly MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JUNE 59 2002 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Mike Maier, County Administrator; George Read, Steve Jorgensen, Paul Blikstad, and Christy Morgan, Community Development; George Kolb, Road Department; Sue Brewster and Lt. Mike Johnston, Sheriff's Office; Rick Isham and Laurie Craghead, Legal Counsel; Media Representatives Leah McLean of Z-21 TV, Jeff Mullins of KBND Radio, and Barney Lerten of bend. com; and twenty citizens. Chair Tom De Wolf opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Presentation of the 7 t Annual "Big Cog" Awards. Jeff Monson, representing Commute Options, presented a framed poster of this year's theme to the Board of Commissioners. He said he plans to talk again with the Board in a couple of weeks to update the County on what Commute Options has been doing during the past year, as well as their future plans. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 1 of 13 Pages Quality Services Performed with Pride He is attending today's meeting to honor people who have won the "Big Cog" for their continuing participation and help in developing commuting options in the community. This is the 7th annual award ceremony. The Board then presented the "Big Cog" award plaques to this year's winners. (A copy of a media release about these winners is attached as Exhibit A.) 3. Before the Board was Consideration of Signature of an Intergovernmental Agreement between the Oregon Department of Transportation and Deschutes County, Authorizing the Deschutes County Sheriffs Office to Inspect Commercial Motor Vehicles and Drivers for Compliance with Oregon Revised Statutes and Hazardous Materials Law. Lt. Mike Johnston said that there are four people who are certified truck inspectors. This is not a new program. The State provides laptop computers for them to use when they stop trucks for level one inspections. The State also pays up to $10,000 per year. The Department gets additional reimbursement if the inspectors make a DUI arrest. This work is done in addition to their regular position. The Sheriff's new policy is to do these stops and inspections only within the borders of Deschutes County; these also have to be a "probable cause" stop. Sue Brewster said that there is some concern about the proposed increase in truck traffic on Highway 97 that the media has recently printed (due to construction projects on Interstate 5). Commissioner Luke stated that this may not be as bad as anticipated, but there will be more traffic. LUKE: Move approval of this intergovernmental agreement. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. Before the Board was Consideration of Signature of Ordinance No. 2002- 021, Amending Chapter 2.54, the Deschutes County Corrections Supervisory Board to Conform to New Policies and Procedures as Adopted by the SAB. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 2 of 13 Pages Sue Brewster stated that the requested change has been included. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 5. Before the Board was Consideration of Signature of a Three-year Contract between Deschutes County and the Black Butte County Service District for Radio Communications. LUKE: Move approval of this contract. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 6. Before the Board was a Public Hearing (Continued from May 2, 2002) and Consideration of the Adoption of Ordinance No. 2002-017, Regarding Private Property Compensation Procedures. George Read asked that this be continued to July 3, by which time the Supreme Court should have addressed this issue. 7. Before the Board was Consideration of a Decision Whether to Hear an Appeal of the County Hearings Officer's Decision on DR -02-2 (Dowell Property), a Declaratory Ruling on the Side Yard Setback Standard in the Forest Use Zone. BLIKSTAD: You have a decision this morning whether you want to hear an appeal on file DR -02-2 (the Dowell appeal). You have a request from the applicant's attorney not only to hear it, but also to hear it de novo. There is plenty of time left in the 150 days to hear it if you choose to do so. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 3 of 13 Pages DEWOLF: We received some information from Laurie on Monday, but if our decision is to be based strictly on the record, we can't consider the letter from the attorney. CRAGHEAD: Correct. DALY: On Monday, we couldn't figure out what we can do. CRAGHEAD: According to County Code, all you can consider is whether the notice of appeal complies with our Code, staff recommendations, the Hearings Officer's decision, and the existing record. LUKE: I have a question. Have we ever accepted notices of appeal that weren't entirely on the County form? BLIKSTAD: We require the form to be filled out. The signature is what is the problem. DALY: I think we need to hear it. CRAGHEAD: The argument I brought up should not have been voiced to you, as you can't consider it. It is a matter you can determine if you decide to hear it. It might limit what you can do. LUKE: I think there is a difference between this one and the first time it was submitted. LUKE: I move we hear this appeal. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 4 of 13 Pages LEE KUHN (Citizen): Based on your decision to hear it, I'd like to submit some information for the Board's decision, based on Constitutional issues. CRAGHEAD: It should be submitted when the hearing date is set for the hearing. At this time, Ms. Kuhn presented a packet of information to Chair De Wolf, which he then passed on to Paul Blikstad. DEWOLF: We should set this for a late afternoon time instead of at a regular meeting. 8. Before the Board was a Discussion of the Findings of the La Pine Airport Feasibility Study and of the Next Steps in the Process of the Development of a New General Aviation Airport in the La Pine Community. Steve Jorgensen explained that several years ago he was approached by citizens of La Pine about the possibility of a local airport, and they asked for help doing a feasibility study. They asked for a match of funds from the County, which was granted. Private funds were acquired and the study was done. The subject area is one site east of the sewer treatment center. (He referred to an oversized map of the area at this time.) We held a series of three public meetings. At that time representatives of the Oregon Department of Aviation were there, and various locations were discussed. They looked at the old, abandoned runway, which is basically a wetlands area; and another site directly to the south of the community. The third site rated out higher. In this area, there are not a lot of options for safe flight patterns. This location also would take advantage of a rail spur, is close to the highway and close to a developing industrial and business park. The study came down to a cost of about $3 million to build the airstrip and airport component of it. He then referred to a project summary that the Board had received for its review. The projected annual operations cost would about $200,000. There would not be a lot of revenue to cover this in the initial years. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 5 of 13 Pages The study shows that it is feasible, based on demand and airport economics. He said they talked about funding with the FAA, and went over their options. The critical thing is that the FAA won't do more funding until there is an airport master plan, and some kind of document that addresses the BLM land it would be on. Also critical is someone to step up to say they will be responsible to operate it; this must be a taxing authority. Chair DeWolf then asked what the cost of developing the master plan would be. Mr. Jorgensen indicated it would be about $50,000 more. He said it could have cost more, but the scope of work on the feasibility study was enhanced to include an environmental analysis. The consultants believe they, or another consulting firm, can do it for additional $50,000. Bill Watson of the FAA had said that if the County or a Port District did the project, some of those costs might be reimbursed later. It is a gamble, but the bigger question is dealing with the operating expenses. All evidence points to the fact that general aviation airports don't usually pay their own way. There needs to be other sources of revenue, such as ground leases, the sale of fuel, and so on. The airport supporters want to attend a future meeting to give a larger, more complete presentation to the Board, detailing the business aspects and the impacts on the community. Chair DeWolf asked if Carrie Novick of the Redmond Airport might be able to attend. Mr. Jorgensen said he would make arrangements for this. He further said that all of the political representatives of this area have received copies of the study. Commissioner Luke said the distance of the proposed airport from Sunriver's has been discussed. He would like to see a declaratory ruling that this airport would be allowed. Mr. Jorgensen said that Sunriver currently is on the list for funding, but doesn't exercise it due to tax implications - they would have to pay income tax on the funds received. If you have two airports in close proximity, both can't be on the NIMBIUS list. The plan is to meet with Sunriver to see if they want to give up this designation. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 6 of 13 Pages Chair DeWolf stated that if Sunriver doesn't care about the designation, that takes care of it. There is a lot of interest here, and it's no small decision. The community is looking to the County for guidance on this issue. Mr. Jorgensen indicated that they will also be asking about funding the additional report and help in addressing budget issues. He said he didn't know if the private sector can continue to contribute funds, but the community seems to really want the airport project. He further said that he hasn't any negatives from anyone on this. 9. Before the Board was Consideration of the Second Readings and Adoption of Ordinance No. 2002-001 and Ordinance No. 2002-002, Revisions to the Comprehensive Plan and Zoning Ordinance for the Rural Service Centers of Alfalfa, Brothers, Hampton and Millican (to Comply with State Rule regarding Unincorporated Communities). DEWOLF: I need to declare that I made a mistake last time in voting yes. I should have voted no. CHRISTY MORGAN: The ordinance remains the same as the last time you read it, designating an additional two acres on the north side of Willard Road as commercial on the comp plan. DALY: I made a lot of trips out there. This is one issue that divided the community a lot. I wanted to see how much commercial land is available for development; the land with the store is pretty much used up. Really, the designated commercial property in Alfalfa is already used up. One group of folks wanted to leave it as it is. My feeling is that the reason we are here is to provide enough commercial property so residents don't have to drive all the way to town to buy an item. The second item I wanted to address is where it should be. There's property next to the store, owned by COI, and the property across the road. My choice would be to designate the COI land as the next commercial, which is on the same side of the road as the existing commercial. But I don't have the votes to do that. My second choice is the property across the road. As far as I am concerned, Alfalfa doesn't have commercial available for any more services. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 7 of 13 Pages LUKE: There are two ordinances before us; the comp plan change and the zoning related changes. The changes for this are in Ordinance No. 2002-001. MORGAN: The only change now is in 2002-001. LUKE: Move second reading of Ordinance No. 2002-001, by title only. DALY: Second. DEWOLF: I think this is a mistake. The reason is that I feel our job is to support the intent of land use in this state and the protection of farmland and rural areas. The reason we initially had commercial uses in these areas is that we didn't have good roads or vehicles to get around. The reasons for these commercial areas have been diminished significantly. The store owner even said that these people are not his customers. By encouraging additional commercial development out there, we are in the long run encouraging other kinds of development that could compromise rural areas. That's why I want to oppose it. DALY: I spent a lot of time out there and talked with some folks. There were many vehicles that pulled in and stopped, and many of those people were local. It doesn't make sense to drive into Bend or Prineville and increase traffic for a quart of milk. It doesn't make sense to drive all that way for small items. I'd like to see something like a hardware store go into that area. That's the purpose, in my opinion; that's the whole reason for this exercise. LUKE: I voted in the legislature a lot of times to protect farmland. I don't think this jeopardizes it at all. That area is very developed, as is nearby Crook County. I think they need the option to buy locally. Remember, this is not an automatic approval of anything. Any project that comes in will require a zone change and a long public process. CRAGHEAD: What was the motion? Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 8 of 13 Pages LUKE: Move approval of the second reading of Ordinance No. 2002-001. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair De Wolf then conducted the second reading of Ordinance No. 2002-001, by title only. LUKE: I move approval of Ordinance No. 2000-001 by title only. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes NO. LUKE: Move approval of the second reading of Ordinance No. 2002-002. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf then conducted the second reading of Ordinance No. 2002-002, by title only. LUKE: I move approval of Ordinance No. 2000-002 by title only. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 10. Before the Board was Consideration of Signature of Ordinance No. 2002- 024, Repealing Old Personnel Rules and Adopting Revised Deschutes County Personnel Rules, Effective July 1, 2002. Rick Isham said he recently discussed this issue with Commissioner Luke. He stated that he had scheduled it because of a need to get this adopted. There are a number of proposed changes that are being addressed right now. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 9 of 13 Pages He recommended delaying the first reading and instead distributing the revised rules at the Board's meeting with Department Heads scheduled for Monday, June 10. This seems to be preferable to many of the department heads. It can also be e-mail it to them. It was decided that the first reading will be on the 19th, then, giving the department heads a week to review it. The second reading and adoption would be conducted on June 26, by emergency. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval of Consent Agenda. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Consent Agenda Items 11. Chair Signature of an Agreement between Deschutes County and the Oregon Department of Transportation for the MCSAP Intensified Speed Project. 12. Signature of an Intergovernmental Agreement between the Sheriff's Office and the Bend Metro Park and Recreation District for Inmate Work Crew Services. 13. Signature of a Three-year Contract between Deschutes County and the City of Bend for Radio Communications. 14. Signature of a Three-year Contract between Deschutes County and the City of Redmond for Radio Communications. 15. Signature of a Personal Services Contract between Deschutes County and CORIL (Central Oregon Resources for Independent Living) to Provide Mental Health Services to Residents of Emma's Place. 16. Signature of an Intergovernmental Agreement between Deschutes County and BestCare, to Provide DUI Treatment Services. 17. Signature of an Intergovernmental Agreement between Deschutes County and Serenity Lane, to Provide DUI Treatment Services. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 10 of 13 Pages 18. Signature of an Intergovernmental Agreement between Deschutes County and Pfeifer and Associates, to Provide DUI Treatment Services. 19. Approval of Letters of Intent to Continue a Partnership Deschutes County has with the Bend -La Pine School District and the Redmond School District to Provide Mental Health Services at FAN (Family Access Network) Sites. 20. Signature Accepting a Deed of Dedication of a Portion of Imperial Avenue (in Whispering Pines Subdivision) from Robert Holley. 21. Signature of an Acceptance of a Bureau of Land Management Right -of -Way Grant for Mountainview Road. 22. Signature of Resolution No. 2002-042, Amending Resolution No. 2002-036, Declaring the Intent of Deschutes County to Transfer Real Property (Changing Publication and Hearing Dates). 23. Signature of a Letter Appointing Debbie Huebner to the Vandevert Acres Special Road District, through June 1, 2005. 24. Signature of Letters Reappointing Individuals to the Board of Fall River Estates Special Road District (Richard Martin to July 1, 2003 and Bill Bauer to July 1, 2005). 25. Ratification of a License Agreement with "Volunteers in Medicine Clinic of the Cascade" to Provide Space for this Project. 26. Signature of Letters Appointing Charles L. Frazier, Richard E. Osburn and Rene Cardenas to the Deschutes County Mental Health Advisory Board, through December 31, 2004. 27. Signature of Letters Reappointing Stan Owen and Alan Burke to the Local Alcohol and Drug Planning Committee, through March 31, 2005. 28. Signature of a Letter Appointing Kristine West to the Four Rivers Vector Control District, through June 30, 2006. 29. Chair Signature of an Oregon Liquor Control License Application for Sushimoto's Asian Bistro, Sunriver. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 11 of 13 Pages CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 29. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $51,186.14 (two weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 30. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $3,766.75 (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 31. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $703,685.96 (two weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 12 of 13 Pages 32. Before the Board were Additions to the Agenda. Rick Isham said he looked at the proposal regarding the government building, and it is satisfactory. Being no further items brought before the Board, Chair Tom De Wolf adjourned the meeting at 11:15 a.m. DATED this 5th Day of June 2002 for the Deschutes Co my Board of Commissioners. r Tom De f, C a ennis R. Luke, Commissioner ATTEST: Recording Secretary Attachment: Exhibit A - A media release detailing Commute Options' "Big Cog" award winners. Minutes of Board of Commissioners' Meeting Wednesday, June 5, 2002 Page 13 of 13 Pages 90/111, Board Of Commissioners. 1130 N.W Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Woff MEDIA NOTICE Dennis R. Luke Mike Daly For Immediate Release Contact: Steve Jorgensen, 383_6718 Bend, Oregon, May 28, 2002 Big Cog Award To Be Bestowed on Three The 7th Annual Bi Co Advisorye g awards will be presented by the Deschutes County Committee at a Deschutes County at 10:00 a.m. The award ceremony will honor Brooks Resource Bicycle/ne 5, 200n n' Commission meeting on Wednesday,J County Road Department and the Deschutes National Forest for June 5, 2002 Promoting safe walking and bicycling in Central Or s Corporation, the Deschutes their individual efforts in Oregon. The award, named for the lar 12th Annual Commute gest and most powerful gear on a Options Week. bicycle, is given out during the Accom 211shments for this ear's winners include: Brooks Resources Corporation: • Built pedestrian trails from the canal/canyon below Awbre Butte Drive, to Panorama and up to Remarkable. This allows access down to the trail system along the canal b yfrom up to Mt. Washington below W from Awbrey Butte all the way • Dedicated a 3'ndemere. Public easement over the river trail at Mount Bachelor Village. • Participated in a trade with the Bend Metro Park District so they cinder road along Century g • Created pedestrian connectionsbetweentheo just re the Entrada Lodge now have access on the red • Designed and built the roundabouts at Centuparks in Shevlin River Front. Dr./Shevlin Park Road to be pedestrian and bike friendly (setting ry Drive/Colorado Ave. and Mt. Washington roundabouts yet to be constructed). Participated in the construction o the ng a model for the remaining Drive from Skyliner Road to Shevlin Park road (as it an osidewalk alon Company LLC . caner of West Bend p t. open, °n connectivity in and around Additionally, they a committed to pathways, sidewalks West Crossing development. and trail Quality Services Performed with Pride _V • Committed to completing the First Street Trail from the east end of Awbrey Meadows to Wethered Court in Awbrey Glen When the North Rim property is developed on the lower portion of Awbrey Butte. • Will construct trails to City standards along the Mount Bachelor Village property line along Century Drive and into the commercial core area that is under development. Deschutes County Road Department: • Installed bike lanes in the Sunriver Business Park. • Provided shoulder bikeways on Powell Butte Highway by widening existing pavement to 32 feet. • Provided shoulder bikeways on Day Road by widening existing pavement to 30 feet. • Designed the Tumalo/Cook Avenue redevelopment plan to add bike lanes, sidewalks and corner curb extensions. Deschutes National Forest: • Developing trails to the Forest boundary, providing urban to forest trail links that allow trail users (bikers, runners, dog walkers, etc) the option of walking or biking directly to forest trails from home rather than having to drive to a trailhead. Trails that permit easy local access include: Deschutes River Trail and what's known as Bridge Forks West and East trail complex area which includes Phil's, North Fork, Tumalo Creek and Mrazek trails. • Added to an already extensive mountain bike/hiker trail system including reconstruction of Mrazek and Farewell trails. Plan to construct new trails from Skyliner Trailhead to Meissner area in 2002. • Plan to connect mountain bike routes/trails to Sunriver from Benham Falls East. Plans include a new system trail (hikeribiker) from Benham Falls West along the west side of Deschutes River to Sunriver. • Developed mountain biking Recreation Opportunity Guides (ROGS) to help direct people unfamiliar with the mountain biking trails. This does not include the numerous other trail accomplishments located further out on public lands that provide the local and visiting public an endless variety of non -motorized recreational trail experiences during any season of the year. Literally hundreds of miles of quality non - motorized trail opportunities as well as hundreds of miles of motorized trails. Of course this wouldn't have been possible had it not been for the help of numerous clubs and individual volunteers who have logged thousands of volunteer hours and miles on the trails constructing, reconstructing, maintaining, and patrolling these system trails