2007-1600-Minutes for Meeting October 03,2007 Recorded 10/26/2007COUNTY
NANCYUBLANKENSHIP,FCOUNTY CLERKDS ICJ ~001'~600
COMMISSIONERS' JOURNAL
Is min 10/26/2007 01:47:59 PM
2007-1600
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, OCTOBER 3, 2007
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Dave Kanner, County Administrator; David Inbody, Assistant to
the Administrator; Laurie Craghead, Legal Counsel; Kristen Maze, Community
Development; and citizen Bruce Bailey. No representatives of the media attended.
Chair Daly opened the meeting at 1: 30 p. m.
1. Solid Waste Update.
North Area Update
Timm Schimke explained that the project is winding down, and they have
occupancy permits on all of the buildings. The target date for occupancy is the
last week of October when all of the systems can be up and running.
Backyard Burning Ban - City of Bend
It has been asked if the County would provide free disposal of yard debris
during the weeks when burning is allowed within the City. The City is
considering a burning ban, which would help with air quality problems,
especially now that yard debris can be collected curbside.
Habitat for Humanity Restore Grant
Habitat would like to work with local builders and developers on getting waste
wood and other construction material out of the landfill stream and into the
ReStore building. The State likes the idea but wants the County to fund it.
Commissioner Luke suggested that perhaps the County should allow wood
waste to be dropped off free. Commissioner Luke said that it is labor intensive
for contractors to sort out their waste at the construction site.
The start of operations at the new facility will be very low key, but could be
more sophisticated as time goes by.
Minutes of Administrative Work Session Wednesday, October 3, 2007
Page 1 of 5 Pages
HART Center
Property Management is looking into whether the building on Rickard Road is
being used as it was intended. It appears to be empty at this point. The
leaseholders, the Lynch's, have indicated that there is not enough funding or
volunteer help to get the project going as planned.
Recycling Center Update
Mr. Schimke stated that the document regarding the Sisters site is now being
reviewed by Legal Counsel.
Bruce Bailey stated that the Knott Landfill recycling drop-off site is working
out well so far. The items are bailed on site and hauled to the recycling center.
With the new roll carts being used for curbside recycling, the rate of
commingled material being collected has gone up by about 25%.
2. Work Session on Various Text Amendments.
Kristen Maze stated that the changes to be considered are very minor. (A copy
of the staff report is attached.)
Commissioner Baney suggested that the comprehensive plan update should
include a review of landscape management areas and other issues.
Commissioner Baney asked that she would like to see a flow chart or plan on
the progress of the comprehensive plan periodic review. She also asked if the
entire process would be opened up for public input. Mr. Kanner stated that it is
all subject to public hearings through the Planning Commission and in some
cases will come before the Board. Ms. Maze stated that Terri Payne is working
on reformatting the plan at this time, but some of the work is waiting for the
UGB work to be completed.
The public hearing on the text amendments reviewed today is planned for
October 22.
3. Consideration of Economic Development Grant Request(s):
• Redmond Rotary Club - Canyon Arts Pavilion - Commissioner Baney and
Commissioner Daly granted $2,250 each and Commissioner Luke granted
$500.
David Inbody reviewed lottery grant fund balances with the Commissioners.
Minutes of Administrative Work Session Wednesday, October 3, 2007
Page 2 of 5 Pages
4. Update of Commissioners' Schedules; Meeting Details.
None was offered.
5. Other Items.
At 2:35 p.m., the Commissioners went into executive session, called under ORS
192.660(2)(h), pending or threatened litigation. Executive session concluded at
3:05 p.m.
LUKE: Direct staff to appeal the decision on Laura Harvey code
enforcement case.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
Commissioner Luke observed that the Department of Environmental Quality is
being very uncooperative in the South County groundwater situation. He asked
if the septic inspections, issuing of permits and other items handle now through
contract can be turned back to the State. The grant funds could be used for
infrastructure or other improvements.
Tom Anderson stated that it would have to be an all or nothing situation. In the
late 1990's, when this problem was fully recognized, the first notion was that
DEQ would take the lead with the geographic rule and set up new guidelines.
They have done this in other areas in the past. DEQ stated that they did not
have the staff or resources to do this, so proposed the County handle the
situation through a local rule. The County agreed and obtained the grant to test
for the problem.
On the decision matrix, there is a list of options. On that list is giving the
program back to the State. Maybe a fresh approach would work, or maybe the
possibility of a sewer system can be investigated.
Before the recent meeting in Salem, DEQ staff was told that the County staff
did this decision matrix for the Board. DEQ laughed at this idea of them having
to take back the workload. Commissioner Luke said that State staff is saying
one thing, but local staff is saying something else. The County has to take a
stand and impress upon DEQ that they need to be consistent and cooperative.
Minutes of Administrative Work Session Wednesday, October 3, 2007
Page 3 of 5 Pages
Mr. Anderson said that there are the other parts of the County to consider, and
DEQ would take over those areas as well. The coordination of the building and
permitting process could be compromised.
Commissioner Daly said that DEQ might want to have the income.
Commissioner Luke stated that the County can do a better job. Mr. Kanner
added that the County has an obligation to use the grant funds appropriately;
that was the reason for creating the New Neighborhood. Commissioner Luke
said that a portion of the money could be used to help Oregon Water
Wonderland with their system, or help the City of La Pine with potential
expansions.
Mr. Kanner said that DEQ representatives have suggested that the County
explore various approaches; he pointed out that he told the DEQ representatives
that one viable approach is for the County to just turn the program back over to
DEQ. He asked if a letter should go to DEQ stating that this is being
considered. Commissioner Luke has already told Ray Naff of the Governor's
Office that the Board has begun discussing turning this work over to DEQ, with
a copy provided to DEQ.
With the reintroduction of steelhead, Commissioner Luke is concerned about
another federal agency getting involved. Mr. Anderson said that a study about
the impact of nitrate exposure on the fish is being compiled and should be
published soon. It is assumed that it will point out the danger of algae bloom
and other impacts of nitrates. This problem is already apparent in some of the
smaller rivers in the area.
Commissioner Luke pointed out that the County is standing between the
citizens and the state and federal agencies, trying to protect the interests of the
citizens; however, some citizens might think that this is a threat to make them
do what the County wants.
Commissioner Baney stated that the County and State are at an impasse, and it
is an absurd breakdown of common goals to reach a solution. Mr. Kanner said
that DEQ may not view it in that way. They may say that the County has an
absolute authority to adopt the local rule, and they are only offering process
suggestions. However, they are clear that they also want the issue of red lots
addressed. DEQ has also said on the record that there is a problem with
nitrates.
Minutes of Administrative Work Session Wednesday, October 3, 2007
Page 4 of 5 Pages
The red lots resulted from changes in DEQ standards. Mr. Anderson said that
DEQ appears to want the red lots addressed first so that a sewer system can be
pursued. They aren't considering the cost of about $30,000 per lot to do this, and
the fact that a Goal 11 exception would be needed. Most red lots do not have the
two feet of soil separation needed to put in even a sewer hookup or a foundation.
A local improvement district was investigated at one point, and because it is
considered a private improvement, it cannot be done.
Mr. Kanner said is entirely appropriate for the Board to discuss sending the
program back to DEQ. However, the County should not pursue this further
unless it is ready to follow through, as this is a serious situation. Commissioner
Baney said that Joni Hammond has not indicated any problem with the
direction the County is headed. Commissioner Daly recalled other DEQ letters
but is unsure how they fit in. Commissioner Baney will get in touch with Ms.
Hammond about this issue. She is concerned about information provided by
The Bulletin, alleging that Bob Baggett of DEQ told residents to call The
Bulletin to complain about the County's handling of the issue. This type of
situation is counter-productive for everyone involved.
It was noted that former Commissioner Bob Slawson recently passed away at
nearly 100 years of age. A proclamation will be drafted so the Board can
recognize and honor his service to the community.
Being no further discussion, Chair Daly adjourned the meeting at 4: 00 p. m.
DATED this 3rd Day of October 2007 for the Deschutes County Board of
Commissioners. , / I
ATTEST:
&V,~ 60-vu
Recording Secretary
Dennis R. Luke, Vice Chair
Tammy aney, Com 's ioner
Minutes of Administrative Work Session
Page 5 of 5 Pages
Wednesday, October 3, 2007
C
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, OCTOBER 3, 2007
1. Solid Waste Update - Timm Schimke
2. Work Session on Various Text Amendments - Kristen Maze
3. Consideration of Economic Development Grant Request(s):
• Redmond Rotary Club - Canyon Arts Pavilion
4. Update of Commissioners' Schedules; Meeting Details
5. Other Items
PLEASE NOTE:
At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2) (e), real property negotiations;
ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated.
If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Solid Waste Update
October 3, 2007
Agenda
1. North Area Update
2. City back yard burning ban
3. Habitat for Humanity Restore grant
4. Other
~~TES e
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
AGENDA REQUEST & STAFF REPORT
For Board WORK SESSION of October 3, 2007 -1:30 PM
DATE: September 24, 2007
TO: Deschutes County Board of Commissioners
FROM: Kristen Maze, Community Development Department
TITLE OF AGENDA ITEM:
A work session for various text amendments and edits that modify Deschutes County Code Title 18, a
public hearing will be scheduled in October 2007.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners will conduct a work session on a text amendment for various
changes to Title 18. The intent of this amendment is to; remove sections in the Code that are obsolete,
clarify language for administrative purposes, and make text changes that satisfy State Administrative
Rule required changes.
On June 14, 2007, the Planning Commission recommended approval to the Board for the proposed text
amendments to Title 18. A public hearing will be scheduled for a regular Board business meeting in
October 2007.
FISCAL IMPLICATIONS:
NONE.
RECOMMENDATION & ACTION REQUESTED:
N/A
ATTENDANCE: Kristen Maze, CDD
DISTRIBUTION OF DOCUMENTS:
Kristen Maze
°a Community Development Department
+.a.„ „Mrs
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
Memorandum
TO: Deschutes County Board of County Commissioners
FROM: Kristen Maze, Associate Planner
DATE: October 3, 2007
SUBJECT: Text Amendment TA-07-03 Deschutes County Code Title 18
The Deschutes County Board of County Commissioners ("Board") will hold a work session on
October 3, 2007, at the Deschutes Services Center, starting at 1:30 p.m. The Commissioners
will consider various text amendments and edits that modify Deschutes County Code Title 18.
Background
Administration of the Deschutes County Development Code over time and changes in State
Administrative Rules has revealed the need to amend our current Code. The proposed changes
are intended as simple changes that would;
• remove sections in our Code that have become obsolete,
• clarify language for administration purposes, and
• make necessary changes that satisfy changes required by State Administrative Rule.
III. Draft Text Amendment
The four proposed text changes listed in the attached table are underlined for new language
and shown as stFakethice gI for deleted language (Attachment 1).
IV. Review Criteria
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative
zoning text amendment. Staff shall determine that the proposed Title 18 text amendments are
consistent with state statute, the Statewide Planning Goals and the County's Comprehensive
Plan. The parameters for evaluating these text amendments are based on whether there are
adequate factual findings that demonstrate consistency with Statewide Goal 1, Citizen
Involvement and Goal 2 Land Use Planning and the County's own zoning and land use goals
and policies.
Quality Services Performed with Pride
V. Findings
The proposed amendment would revise Deschutes County Code Title 18 for editing and
clarification purposes, and meeting state administrative requirements.
For purposes of this discussion, the proposed amendments would satisfy Statewide Goal 1,
Citizen Involvement, and Goal 2 Land Use Planning.
• Goal 1 would be satisfied through our County text amendment process that includes a
Planning Commission work session, followed by a Planning Commission public hearing,
completed with County Board of Commissioners work session and public hearing.
• Goal 2 was reviewed by staff for compliance with the proposed text amendments and
determined not to be adversely affected.
• The other Statewide Goals 3 through 14 were reviewed and determined that they are not
applicable to this proposal.
The proposed amendment would have no effect on Deschutes County Comprehensive Plan
goals and policies. Various Sections of the Deschutes County Code Title 18 listed in the
attached table are the regulations that require amending at this time.
Planning Commission Recommendation and Vote
The Planning Commission recommended that the proposed text amendments outlined in the
attached table be forwarded to the Board for approval. The motion was unanimously in favor of
the proposed text changes.
VI. Recommendation
Staff recommends that the Board;
1. hold a public hearing,
2. Provide staff direction for changes and approve the proposed Title 18 text
changes.
Attachments:
I . DCC Title 18 Text Amendment Table
2. Ordinance
3. Codes
2 Staff Report TA-07-03
10/1/07
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REVIEWED
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code *
Title 18, Making Various Language Changes. * ORDINANCE NO. 2007-020
WHEREAS, the Deschutes County Planning Division has request various text amendments to Title 18
in response to issues that occurred through application of the Code that will clarify language, remove obsolete
sections and make changes that satisfy changes required by State Administrative Rule; and
WHEREAS the Planning Commission considered this matter after public hearings on June 14, 2007 and
forwarded amendments to the zoning regulations for Title 18 to the Board; and
WHEREAS the Board considered this matter after a public hearing on October 15, 2007 and concluded
that the public will benefit from changes to the land use regulations for home occupations; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Title 18, Sections, 18.36.030, 18.40.030, 18.61.030, 18.24.040, 050 is
amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in stfikethr- .
PAGE I OF 2 - ORDINANCE NO. 2007-020 (10/15/07)
Section 3. FINDINGS. The Board of Commissioners adopts as it findings in support of this
amendment as in Exhibit "B" attached and incorporated by reference herein.
Dated this of , 2007 BOARD OF COUNTY COMMISSIONERS
OF DESC1 UTES COUNTY, OREGON
MICHAEL M. DALY, CHAIR
ATTEST:
Recording Secretary
Date of I" Reading:
Date of 2nd Reading:
DENNIS R. LUKE, VICE CHAIR
TAMMY BANEY, COMMISSIONER
day of , 2007.
day of , 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly
Dennis R. Luke
Tammy Baney
Effective date: day of 52007.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2007-020 (10/15/97)
l b~3
Economic Development Fund
Discretionary Grant Program
Organization: Redmond Rotary Club
Organization Description: Tax exempt organization of Redmond business and
professional leaders that provides humanitarian service in community. The organization
is entirely volunteer, there is no paid staff.
Project Name: Redmond's Canyon Arts Pavilion
Project Description: The Canyon Arts Pavilion is an outdoor performing arts venue that
will be located in the American Legion Park in Southwest Redmond. The venue will have
an audience capacity of 2,600. The cost of labor and materials for the project will be
$315,000. The City of Redmond is providing excavation and seating, which is already
underway. Groundbreaking is scheduled for Spring 2008.
Project Period: Fall 2007
s
Amount of Request: $5,000
Previous Grants:
• None to Redmond Rotary Club
• March 2005 - $3,000 Rotary Clubs of Greater Bend ($1,500 Luke;
$1,500 DeWolf)
. ~~TES c
U
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND
DISCRETIONARY GRANT PROGRAM APPLICATION
Direct Application to:
Commissioner Tammy Baney Commissioner Michael M. Daly
Commissioner Dennis R. Luke All Three Commissioners
Date: 9121 B7 Project Name: y IKA ~ /JN tt1alfS P7411 /%0W
S
Project Beginning Date: .7oO7 Project End Date: ee- Z aoff
Amount of Request: QrJQ Date Funds Needed: xS? ED y2aa7
Applicant/Organization:~~ Tax ID 3 -(a33 !Z7
Address: arlliwws City & Zip:
Contact Name(s): 111he Ael 7 , Telephone:
Fax: ~p1- 7 Alternate Phone: Email: c+c? - 0
On a separate sheet, please briefly answer the following questions:
1. Describe the applicant organization, including its purpose, leadership structure, and activities.
2. Describe the proposed project or activity.
3. Provide a timeline for completing the proposed project or activity.
4. Explain how the proposed project or activity will impact the community's economic health.
5. Identify the specific communities or groups that will benefit.
6. Itemize anticipated expenditures*. Describe how grant funds will be used and include the
source and amounts of matching funds or in-kind contributions, if any. If the grant will
support an ongoing activity, explain how it will be funded in the future.
Ovpev~e~cJ
Attach: d~~+2o~~,~2e
Proof of the applicant organization's non-profit status.
* Applicant may be contacted during the review process and asked to provide a complete line item budget.
Amount Approved: By: Date:
Declined: By: Date:
Fll~
OVERVIEW
Redmonds Canyon Arts .Pavilion
The Canyon Arts Pavilion will provide Redmond and surrounding Central Oregon
residents and visitors with:a desperately needed outdoor- performing arts venue is
covered, comfortable, family=friendly, and technologically up to date.
The Pavilion w Lbe located. at the American Legion Park in Southwest Redmond and
ground breaking is scheduled for this coming Spring. c k~~?~Afvit Xqs ~Qgr~v n ~~~s
The time .is right for this important pmject. Redmond-a" Wowing exponentially and-rapid
growth is expected to continue. Family-friendly musical events are popular and well
attended in-this. community, A recent survey culminating. from.the city's 25-year, Mier
Plan process clearly demonstrates considerable enthusiasm and demand for just such a
cultural initiative-as- the Canyon Arts Pavilion.
The audience capacity for any one performance at the Canyon Arts Pavilion will be 2,600.
Several thousand CentraLOregomans. and visitors will be able-to benefit from music and
other performing arts and community events each year. Expanding cultural activities is
good.for the souLancfgreat for commerce as,well.
Redmond Rotary is a 501=C#). tax exempt organization of 58 business and professional
leaders that provides.. humanitarian service, encourages. high ethical standards. and helps
build goodwill and peace in the community. Comprised entirely of volunteers,Redmond
Rotary has no. paid staff _ We. am currently initiating a. major campaign to approaeh Many
Central Oregon -business, owners for financial support and we are seeking funding from
three charitable.. foundations wWLties to Centml.Owgon.
Dozens of volunteers have already devoted hundreds of hours to the project from
conceptualiwi to testifying atAhe:city council meetings. to developing the design. The
architectural plan and the general contracting services are being donated. Many of the
building sugplies.an&equigrnentwLbf_- donated as well- This project involves a.l*oad
collaboration of business people, city officials and local citizens and is a model of
community cooperation.
The CanyonArm.PaAlig mia.prornote Central Omgods eultumllife.and-etr~Wce
Redmond's image as a vital city that values the arts. By providing a well conceived
performance venue the Canyon Arts Pavilion wiILcontribute_to the quality. of life for those
who reside and visit here.
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