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2003-1434-Minutes for Meeting November 12,2003 Recorded 12/5/2003DESCN TES COUNTY OFFICIAL UBLANKENSNIP, COUNTY CLERKS CJ 2003.1434 NANCY COMMISSIONERS' JOURNAL 1210512003 03;42;33 PM 1111111111111111111111111111111 2003-1434 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 JOINT MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS and CITY OF BEND COUNCIL WEDNESDAY, NOVEMBER 129 2003 Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend Present from the County were Commissioners Dennis R. Luke, Tom DeWolf and Michael M. Daly. Also present were County Administrator Mike Maier; Mark Pilliod, Legal Counsel; Tom Blust and Dan Sherwin, Road Department; Les Stiles, Sheriffs Office; Anna Johnson, Commissioners' Office; and George Read and Damian Syrnyk, Community Development Department. Present from the City were David Hales, City Manager; Bill Friedman, Dave Malkin and Oran Teater, City Councilors; and Patty Stell, Mike Elmore, Ken Fuller, James Lewis, Laura Rumpler, Jim Krueger, Dan Graber and Robin Lewis. Also in attendance were media representative Chris Barker of the Bulletin; Barney Lerten of bend.com and The Bugle; Jeff Mullins of KBND Radio; and Jason Carr of Z-21 TV; plus three other citizens. A. Call to Order. Chair Luke opened the meeting at 7:35 a.m. B. Discussion of Airport East Side Development. David Hales explained that Lancair has announced it will be expanding its production of aircraft and hiring additional workers. The company currently leases fifteen acres from the City, but will need additional space. However, infrastructure has not been provided to the area north of the current facility. Minutes of Joint Meeting: City of Bend Councilors & Deschutes County Board of Commissioners Wednesday, November 12, 2003 Page 1 of 5 Pages It is felt that this company has drawing power for other companies, but there is no other land available at the Bend Airport that is open for immediately use. The City's engineer conducted a study, and determined that an approximately cost to open additional land and put in infrastructure and roads is $1.3 - $1.5 million. This would put the land in a shovel -ready condition. Mr. Hales added that a coalition is exploring what new industries might be interested in this area. There is an ad-hoc committee now studying long-term development, but it is barely covering its costs at this point. The opinion of those involved is that although general aviation airports are not profitable in most cases, this could be successful.. The options are for the County to help with land use issues; and perhaps some kind of tax, grants or loans could be investigated. Also, an urban renewal district is a possibility, with tax anticipation bonds for the development of the infrastructure. There could also be opportunities for private investment; the ad hoc committee will be discussing this option. It is hoped that Lancair's immediate needs can be accommodated. The development could take place to the north or possibly to the east. However, the pond, which is fed by a Central Oregon Irrigation District canal, would have to be relocated, and this may have to involve the State because of the wetlands area. This issue has not yet been discussed with the Board of the COID. The Commissioners indicated they would like to work with the City in this undertaking. The general consensus of the group was for the committee to investigate options over the next couple of months to come up with possible ideas and solutions. It was requested that Steve Jorgensen of the County take part in these discussions. C. Discussion of the De -Annexation of Justice Center Complex Property. Mike Maier explained that this issue has been discussed individually with some of the City Councilors. The County would like to see the Justice Court be established at the Public Safety Campus, where the Sheriffs Office, Jail and Juvenile Community Justice Departments are currently housed. However, current law does not allow the Justice Court to be handled within the city limits. Minutes of Joint Meeting: City of Bend Councilors & Deschutes County Board of Commissioners Wednesday, November 12, 2003 Page 2 of 5 Pages If this block of land were de -annexed by the City, the Court could be held there. It is felt this could be handled much more quickly than going through the process to change the law. This would allow citizens to attend Justice Court, in addition to file small claims, without having to go out of the city area to do so. It would have no impact on the tax base. Oran Teater observed that this is a practical, short-term solution, and if legislation changes it can be reversed. James Lewis stated that it would still be in the urban growth boundary, and the water and sewer infrastructure situation should be examined to make sure this wouldn't have a negative impact. Mike Maier said that no major negatives have been noted, and that there is already a courtroom ready and available there. It would be utilized perhaps a couple of evenings a week. The general consensus was that all possible impacts should be examined, but if none are found, it would be appropriate to begin the de -annexation process in this instance. D. A Discussion of Hearings Officer Utilization. James Lewis said that the City Council discussed this issue on September, as there was some concern about potential conflicts of interest since hearings officers are usually attorneys who are conducting their own business, often including land use issues. George Read indicated that this has been researched, with mixed results. He said, however, that his department's policy in regard to hearings officers is for them to excuse themselves if one of the parties involved in a land use issue is a client of them or their law firm. He added that he has not observed a big problem with this. Commissioner Luke noted that the community is relatively a small one still, and it would be difficult to totally get away from any potential conflict of interest. The hearings officers readily excuse themselves or immediately disclose if there could be a perceived conflict of interest. Minutes of Joint Meeting: City of Bend Councilors & Deschutes County Board of Commissioners Wednesday, November 12, 2003 Page 3 of 5 Pages The group discussed the options of utilizing attorneys from out of the area, or hiring hearings officers instead of contracting with those who have a private practice. It was noted that bringing in someone from outside would create a greater cost, and that most successful and knowledgeable attorneys would not want to give up their practice to work for the City and/or County. E. Update regarding Population Forecasts. Damian Syrnyk said that a report, jointly prepared by the County and the cities, has been released. A public hearing was held about a week ago, and was well attended by about forty citizens. The Planning Commission will meet on November 13 to discuss the report, and another public hearing will be conducted in January. F. Discussion of Intergovernmental Agreement regarding Weed Abatement. Tom Blust and Dan Sherwin explained that federal funds were obtained for weed abatement, and a Countywide weed abate district has been formed. The main problem is that funding, which comes from grants and the State, is not stable, and the Weed Board would like to work more closely with the cities. There are two major items to be addressed; the intergovernmental agreement for spraying services, and public education. G. Discussion of Olney/Portland/Wall Street Intersection. Commissioner DeWolf asked for clarification regarding the recent changes made near the intersection, which caused a serious access problem around the Deschutes Services Building. It was explained to him that there never were two official northbound lanes on Wall Street near this location; it was determined that a pocket would be easier. The Oregon Department of Transportation crew dictated the changes that were made. There will be no northbound right turn pocket; instead there will be a dedicated left turn lane and a longer green light, and some of the parking along the street may have to be eliminated. Minutes of Joint Meeting: City of Bend Councilors & Deschutes County Board of Commissioners Wednesday, November 12, 2003 Page 4 of 5 Pages Commissioner DeWolf said that he is still concerned about the stacking problem, because even with a dedicated left turn lane, drivers can't get to that point and traffic backs up. Oran Teater observed that there is a failure on westbound Olney Avenue because the medians are too wide. This causes stacking of vehicles where the drivers want to make a left turn. This situation will be monitored, and more changes are expected as the County gets closer to the completion of the new County/State building complex. H. Discussion of Sheriff Levy. Commissioner DeWolf distributed a statement to the City Councilors and others who were present, and invited them to stay for the meeting to be held immediately afterwards with members of the Sheriffs Office and others, who plan to discuss this issue in depth. Being no further items discussed, Chair Luke adjourned the meeting at 8:45 a.m. DATED this 12th Day of November 2003 for the Deschutes County Board of Commissioners. Dennis R. LukjiChnail Tom DeWolf, Co issioner z � �o7 , r,,e �/, 0 � � V�,, , z", W ATTEST: ' Michael . Daly, C missioner Recording Secretary Minutes of Joint Meeting: City of Bend Councilors & Deschutes County Board of Commissioners Wednesday, November 12, 2003 Page 5 of 5 Pages