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2002-1360-Minutes for Meeting December 04,2002 Recorded 12/12/2002DESCHUTES COUNTY OFFICIAL RECORDS CJ 2002.1360 MARY SUE PENHOLLOW, COUNTY CLERK COMMISSIONERS' JOURNAL 12/12/2002 08;26;24 AM 1111111111111111111111111111111 2020013 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, DECEMBER 4, 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; Susan Ross, Anna Johnson and David Givans, Commissioners' Office; Laurie Craghead, Legal Counsel; Timm Schimke, Solid Waste Department; George Read and Devin Harrison, Community Development; media representative Mike Cronin of the Bulletin; and three other citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. Andrea Blum of the League of Women Voters, asked about the County programs impacted by State cutbacks and details of Ballot Measure 28. The League is putting together an informational campaign on the upcoming measure. Chair DeWolf indicated that the Board is considering this. It was debated at the AOC (Association of Oregon Counties) conference, and the membership is about evenly split about supporting the Measure. He said that with other tax measures going down to defeat throughout the State, it is obvious that people acre against increased taxes. There's a fine line, and the County doesn't want to be accused of scare tactics. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 1 of 11 Pages Commissioner Luke added that the problem is, projected cuts are coming from the current Legislature and Governor, but the new Governor may take another tack. There's a fine line between information and advocacy. Ms. Blum said that the League wants to help with information, but it is difficult because no one knows the impacts yet. However, people need to be aware that there will be negative impacts. Chair DeWolf stated that even if the Measure passes, there are still serious impacts to the budget situation that will happen during the next year. The Courts have already indicated they will be closed on Fridays. Funds for Juvenile and Commission on Children & Families programs will be cut. The economic forecast keeps getting worse. Seventy prisoners are to be released from Salem back to Deschutes County, and the County has two less parole officers, if the Measure doesn't pass. He said he doesn't want to be an alarmist, but it is a definite struggle. Commissioner Luke added that this year there were five special sessions, with each one declaring that the sky is falling, but the average citizen hasn't yet felt the impacts. These negative impacts will be happening, though. Ms. Blum asked that her organization be kept informed as the situation changes so information can be shared with the public. 2. Before the Board was Consideration of Chair Signature of a Notice of Intent to Award a Contract for the Purchase of a New Elevated Scraper. Commissioner Luke made a motion on this issue on Monday, December 2, subject to information being provided about credit for the old machine. Timm Schimke said that the provider is allowing the County up to $75,000 for the old equipment, which is thirteen years old and high in hours of use. It would take a lot of money to refurbish it and keep it operational for a few more years. LUKE: Move approval. DEWOLF: Second. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 2 of 11 Pages VOTE: LUKE: Yes. DALY: Yes, reluctantly. DEWOLF: Chair votes yes. 3. Before the Board was a Public Hearing (Continued from Wednesday, ,Afovember 27) and Consideration of First Reading of Ordinance No. 2002- 038, Text Amendments to the Building Setback and Lot Coverage F:equirements in the La Pine Residential District. Kevin Harrison gave a brief overview of the issue. The first point covered is lot coverage. Current standards are at 30%; the request and the recommendation of the Planning Commission and staff is for 35% coverage. Second is the front yard setback, which would be twenty feet. The applicant asked for ten feet, or twenty feet if a garage is to be built. This is consistent with the Planning Commission and staff, contingent upon whether it would be on a private or public street. It can't be on a landlocked parcel. Chair DeWolf said that some examples don't .seem to fit in the 35% lot coverage ratio. Mr. Harrison stated that in some instances where there's a corner lot, two property lines abut the street. One is designated as the front, and the other is designated as the street side yard. The street side on a corner lot should have a setback of ten feet. This is in the Bend code, and it is helpful if the County specifies that. The ordinance defines that property lines will not be based on house orientation. With a rectangular lot, the long side of the lot is the street side. (He did a brief sketch at this time to explain this point.) Mr. Harrison said on the side yard, it is the recommendation of the Planning Commission and staff, and is the applicant's request, for a minimum setback on one side, with a total of no less than fifteen feet of both sides. There is no minimum amount required between houses. Some planned unit developments have this requirement, however. Commissioner Luke confirmed that if there were no garage, the front setback would be twenty feet. Chair DeWolf said that the Planning Commission and staff recommend this. The applicant would like ten feet in all instances. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 3 of 11 Pages Commissioner Luke stated that he has concerns that if there is no garage or carport, and the house is only ten feet from the road, people will have to back their vehicles into the road. Chair DeWolf replied that they could do that anyway if they have more than one car. He asked about off-street parking. 1VIr. Harrison said that the implementation of off-street parking is not guaranteed. Typically a building permit requires a plot plan showing the house and any setbacks. There may not be good information on where people intend to park, and there's no way to enforce where they park vehicles. That's where the twenty feet comes in, allowing sufficient space. He said that in regard to the rear property line, the current standard is twenty fret. The Planning Commission recommends ten feet, and the applicant has asked for five feet. A.t this time, Chair DeWolf opened the public hearing. Commissioner Luke stated that Mr. Harrison suggested that if a person drew a garage on the plan but didn't build it right away, that might take care .of it.. But there still has to be fifteen feet for that: Tom Walker of W & H Pacific came before the Board. Mr. Walker said that he and Mr. Harrison are coming at the issue from different directions. Mr. Harrison has to address applicants and enforcement. On the developer and builder side, they'd like to have flexibility to help them do a better job with the neighborhood. Lots of their projects have five-foot sideyard setbacks, especially in the City of Bend. There's no room to pull a vehicle in on the side, so people park on the street. P[e said that many projects don't have garages, including resort properties, and it works fine. When developers and builders are given flexibility, they can be innovative in their designs. He said that he would encourage the Board to approve five feet setbacks on one side, with a total of fifteen feet overall. Regarding front yard setbacks, ten feet to the house and twenty to the garage works, and he is okay with the setbacks on corner lots. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 4 of 11 Pages Chair DeWolf asked about keeping the garage at ten feet as well. Mr. Walker said for neo -traditional homes, the garage is deemed less desirable and is set back. Chair DeWolf noted that current -day design feature thinking is being forced on all builders, and doesn't seem very flexible. Mr. Walker said that the only disagreement is the front setback, and he plans to build garages. Commissioner Luke stated that he would like to give planning the flexibility, since this involves only a small section of ground in La Pine. It does not affect the "new neighborhood". (At this time, Mr. Harrison went over an oversize map of the area.) Commissioner Luke noted that it's not like it's the whole county. When other developers come in and have a different type of units to build, if they have a way to provide for parking on the lot, ten feet should be okay. Commissioner Daly asked if they are asking for a plot plan, with a garage and a ten -foot setback. Mr. Walker said that the plot plan is in the building department process. Mr. Harrison said they are looking at the lot layout at this point, not the setbacks at all. A single-family dwelling is allowed outright. The builder will work with the permit technician. The minimum lot size in this area is 5,000 square feet. Mr. Walker stated that his company is looking at 12,000 to 15,000 square foot lots, but some developers are considering smaller lots; and some are one-half acre. At this time the group discussed what type of shoulder would be on the streets, and whether there would be curbs and sidewalks. Commissioner Luke said if it is left at a ten -foot setback with a garage, and at twenty feet without, it is okay with him. Chair DeWolf said he is inclined to go with a ten -foot setback and trust they will do a good job. Commissioners Luke and Daly said they agree with the decision of the Planning Commission and staff. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page .5 of 11 Pages Commissioner DeWolf recapped the decision. Everyone agrees with 35% lot coverage. All agree that a corner lot sideyard setback can be ten feet for both sides. The rear setback is okay with a ten -foot setback, or five feet if there is rear, alley access. What they don't agree on is the minimum front yard setback at twenty feet, but if there's a garage or carport, the house can be at ten feet with the garage or carport at twenty feet. George Read asked to clarify one issue. If the garage is at the alley, is a ten - foot setback then required? Are they seeing more alley access and rear garages? Commissioner Luke said that if the garage is in the back, there is still access off the street to the house, in the same position as a house without a garage; they could still park in front. George Read indicated he'd like to see this clarified. k:evin Harrison stated that in order to make use of the front yard setback, the garage needs to be at least twenty feet from the front property line. Commissioner Luke indicated that if the garage is five feet from the back and the vehicle is parked outside the garage, it would stick out into the alley. Kevin Harrison said the different between having an ordinance that provides for off-street parking and people using that space, is that you really can't insure people's behavior. George Read said that alleys have less traffic. Commissioner Luke added that the Road Department could disallow access from the front if there is alley access. He said it sounds like if the garage were in the back, the front setback would be at ten feet. Mr. Walker stated that they appreciate being able to have some flexibility. After a brief discussion, Chair De Wolf closed the public hearing, and the Board decided to do the first reading, by title only, at this time. LUKE: Move first reading, by title only, of Ordinance No. 2002-038. DALY: Second. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 6 of 11 Pages VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair De Wolf then did the first reading, by title only. The second reading is scheduled for January 8, 2003. 4. Before the Board was Consideration of Signature of an Intergovernmental Agreement between Deschutes County and COIC (Central Oregon Intergovernmental Council) for Grant Management related to the Crisis F:esolution Center. Susan Ross gave a brief overview. She said that the block grant allows for grant administration costs to be included, and they usually contract with COIC since the County isn't eligible to receive those grant administration costs. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. DEWOLF: Move approval. LUKE: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Consent Agenda Items: 5. Signature of Order No. 2002-147, Assigning the Name of Lowe Lane to an Unnamed Access Road off Hunnell Road 6. Signature of Order No. 2002-148, Authorizing the Refund of Taxes in the Amount of $8,469.09 Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 7 of 11 Pages 7. Signature of Order No. 2002-143, Authorizing the Refund of Taxes in the Amount of $3,051.98 8. Signature of a Letter Appointing Linda Callaway to the Board of Special Road District No. 8, through December 31, 2005 9. Signature of a Letter Reappointing Mike Hollern to the Board of Directors of the Deschutes Resources Conservancy (DRC), through February 2006 10. Signature of a Letter Reappointing Jeff Cassidy to the Board of Four Rivers Vector Control District, through June 30, 2006 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $894.11. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District, in the Amount of $6,167.92. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 8 of 11 Pages CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Signature of a Cooperative Assistance Agreement between Deschutes County, the City of Redmond, the City of Bend, Black Butte Ranch County Service District, and Sunriver Service District, Whereby the Agencies Agree to Come to Each Other's Aid when Requested, up to 72 Hours, at No Cost. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 14. Before the Board was Consideration of Signature of a Cooperative Assistance Agreement between Deschutes County, the City of Redmond, the City of Bend, Black Butte Ranch County Service District, and Sunriver Service District, Whereby the Agencies Agree to Come to Each Other's Aid when Requested, up to 72 Hours, at No Cost. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $308,114.66. LUKE: Move approval. DALY: Second. Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page :) of 11 Pages VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 16. Before the Board was Consideration of Additions to the Agenda. A. Oregon Cultural Trust. Chair DeWolf said that a representative from the Library system needs to be appointed to the local planning group. The candidate to be appointed is Chantal Strobel. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. B. I,ocal Public Safety Coordinating Council. Chair DeWolf said that as. the LPSCC meetings occur, there is a lot of jockeying for position in order to keep departments whole and provide services. From the Board's perspective, the whole thing needs to be viewed as an entire system. There will be a lot of pressure from the different entities, and meetings of various groups are going on all the time. C. Meeting with Senator Clarno. Commissioner Luke is working on this. Normally a bill is drafted and the representative is asked to support it. He will confer with Legal Counsel as needed. D. County Clerk Commissioner Luke stated that the County Clerk wishes to step down at 11:59 p.m. on December 31, 2002. This would leave the County without a Clerk until January 5Ih. The Board authorized Legal Counsel to draft a letter of a]?pointment for the new Clerk, Nancy Blankenship, to cover this position for five days until her swearing-in on January 5t'' Minutes of Board of Commissioners' Meeting Wednesday, November 13, 2002 Page 10 of 11 Pages E. Discussion of 2003 Liaisons. The Board made decisions regarding departmental liaisons and appointments for 2003. The only changes were that Commissioner Luke will be the liaison with the Sheriff, and Commissioner DeWolf will be the liaison with the Commission on Children & Families. Commissioner Luke will be Chair, C'ommissioner DeWolf will be Vice Chair, and Commissioner Daly will be the Budget Officer for 2003. F. Building Project. Mike Maier explained that the third floor might be eliminated, at a savings of $300,000. The reason for eliminating it is that building specifications may change before it is built, and it may not be buildable at that time. This has happened in other locations. This would allow for skylights to be installed. Being no further items brought before the Board, Chair DeWolf adjourned the meeting at 11:20 a.m. At this time, the Board went into Executive Session with Mark Amberg to discuss an issue relating to pending or potential litigation, called under ORS 192.660(1) (h). DATED this 4th Day of December 2002 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Minutes of Board of Commissioners' Meeting Page 11 of 11 Pages Tom DeWort Chair X is R. Lukt' -Commissioner M c el M. Daly, Co issioner Wednesday, November 13, 2002