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2009-17-Minutes for Meeting December 22,2008 Recorded 1/2/2009DESCHUTES COUNTY OFFICIAL RECORDS CJ 7009'11 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 0102/2009 08;31:25 AM 1111111111111111111111111 I'll 2008-17 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 22, 2008 Present were Commissioners Dennis R. Luke and Tammy Baney; Commissioner Michael M. Daly was out of the office. Also present were Commissioner-elect Alan Unger; Dave Kanner, County Administrator; Laurie Craghead, Legal Counsel; Tom Anderson, Community Development; media representatives Hillary Borrud of The Bulletin and a reporter from KOHD TV; and three other citizens. Chair Luke opened the meeting at 9:05 a.m. 1. Work Session regarding Lower Bridge Mining Site Land use Hearings and Decision (Rezone of Site). Laurie Craghead reminded the attendees that the meeting is being recorded Commissioner Luke asked if Commissioner-elect Alan Unger is allowed to participate in this discussion. Ms. Craghead said that it would be ex parte contact and would have to be disclosed at the next public hearing on this issue, to allow others to testify in that regard. (Note: Mr. Unger made no comments during the meeting.) Ms. Craghead stated that the discussion is in regard to compliance to the TPR (Transportation Planning Rule) and what is reasonable; the applicant's report or the ODOT approach, which measures what is happening at this time; or if there is something in between. It could be done on a per-acre basis. Commissioner Luke stated he sits on a group that meets with ODOT on a regular basis, and has been very involved in the traffic fix in north County. ODOT has told him that the neither the State or County have any projects in the STIP at Lower Bridge that can get major funding to fix any new traffic issues. He stated that the impact on this intersection would depend on the travel habits of the residents, including the time of day they travel; and that ODOT is making improvements this summer; but this information was not available to the Hearings Officer. Minutes of Board of Commissioners' Work Session Monday, December 22, 2008 Page I of 7 Pages The County has a Highway 126 long-range plan for its property in Redmond, but ODOT does not have the funds to make improvements that they say will have to be made if the County adds one more trip onto Highway 97. Moreover, the County has no control over what Jefferson County residents, who are heavy users of this intersection, do on these roads. Commissioner Baney asked what would fix the problem. Commissioner Luke said it would take an overpass at some time in the future. It is a complicated issue, with studies having to be done, including the impacts on other areas. Commissioner Baney asked if a condition could be required in this regard. Commissioner Luke stated that they are getting money for the SDC (System Development Charges). Ms. Craghead said that it is not in the capital improvement program at this time, and it is another public process to get it on that plan. Commissioner Luke stated that doing the split zoning as presented has the 130 acres that is already reclaimed and will never be a mine. Ms. Craghead said you have to look at the whole property in this case. There has to be evidence that the applicant's plan is feasible that traffic will be addressed. Commissioner Baney stated that the Board is being asked to decide something based on an application that is not yet before them. It is hard to know what has to be mitigated. Ms. Craghead said that there has to be likelihood that they can mitigate the traffic issues; the applicant feels this would be addressed at the time of application. Commissioner Luke stated that the ODOT plan will improve safety and access. The Hearings Office probably did not consider this. Commissioner Baney feels that this will be resolved at the point of application of the tentative plan. Ms. Craghead said that the other issue is reclamation of the 18 acres. The original approval called for adding topsoil. They could not rezone the 18 acres or file an amendment. A split rezone is possible, but all of the conditions need to be met. They could file for a rezone of the 18 acres at a later date. Commissioner Luke said the Board is concerned about the lack of information available on the larger parcels. He asked if there is still value in the material there. Ms. Craghead does not believe that diatomaceous earth needs to be protected the same as gravel material. Aggregate is the only Goal 5 resource that the Board needs to consider. She heard that there was an offer to buy the property for $9 million to continue mining, but the buyer declined after learning that there would be residential development in the area. Commissioner Luke observed that anyone could make an offer; that unless there is money in escrow for a purchase, it does not matter. Minutes of Board of Commissioners' Work Session Monday, December 22, 2008 Page 2 of 7 Pages Commissioner Baney asked about the dust issue. Ms. Craghead said that the public safety and welfare needs to be considered, but a portion of the Code has not been used in this type of situation. It only comes into play if it is a Goal 5 resource. Commissioner Luke said that the split zone appeals to him, as there would be a notice of no further action required on the 130 acres but the rest of it would have to be studied and eventually reclaimed. They could have come in with an application just for the 130 acres. Ms. Craghead stated that a condition would have to be made for the rest of it to be studied. Commissioner Baney asked if they could just put in the infrastructure and other improvements now, but not allow building permits until the balance of the land is addressed. Ms. Craghead said Community Development is not sure how this can be accomplished. Commissioner Luke observed that the type of development will take another action. His main issues are the dust and what might be on the larger site. Commissioner Baney said that it sounds like he would like research done. He stated that it is unlikely that they would build homes next to a site that has unknown problems. Ms. Craghead said they could be required to have an NFA (No Further Action) and TSP (Transportation System Plan) on both. Commissioner Luke stated that they have not yet found any problems with the dust that is different from other dust. They can disturb the ground. Perhaps not sign the plat for the 130 until a study is done on the other. Ms. Craghead said that it could be a Dolan issue, and they could sell the other site. He wants to know what environmental issues are on the larger piece. The new owner would not be obligated to do the testing. However, if the testing is not done by the current owners, they will not be able to finish development of the 130 acres. Most buyers would not purchase the larger piece without knowing what is on it. Commissioner Baney stated that she would like the 18 acres not to be included in this regard. She said that the applicant needs to complete their current plan or modify in relation to this acreage. She added that it is important to state that she is concerned about the condition of the property, and whether it is safe. Minutes of Board of Commissioners' Work Session Monday, December 22, 2008 Page 3 of 7 Pages Ms. Craghead said they might balk at this, as they need to get houses built to get funding to deal with the other site. Commissioner Baney stated that she does not see how they can if they have not addressed the larger site first. Commissioner Luke added that they should have tested the property better before purchasing it themselves. There are too many concerns about health and safety from residents. He is not asking them to clean it up, just to find out what is there. Ms. Craghead asked how the 30 acres below the rim should be handled. Code requires that there would have to be a ten-foot conservation easement, plus setbacks. It is unlikely that it can be built upon. Commissioner Luke stated that the Wild and Scenic rules do not allow a house to be viewed from the river. Commissioner Luke asked Mr. Kanner what he thinks about this issue. He is less concerned about the property reverting to the County, as there may be funds available to clean it up if necessary. Ms. Craghead asked if the County wants to impose conditions that any problems are cleaned up. Commissioner Luke stated that they will not be able to sell lots if there are severe problems on the adjacent property. Commissioner Luke asked that Tom Blust or someone else from the Road Department come to the hearing on December 29 to provide input on the Lower Bridge traffic situation. 2. Discussion of Central Oregon Veterans Outreach Request for Grant Funds. BANEY: Move approval. LUKE: Second. VOTE: BANEY: LUKE: Yes. Chair votes yes. 3. Discussion of Economic Opportunity Analysis Proposal. Tom Anderson explained that this is a regional grant for the three local counties. This would focus on large lot industrial needs in the area. The grant needs to be sent in no later than the end of the calendar year, and funds will have to be spent this fiscal year. Each community can proceed with their own plans. Minutes of Board of Commissioners' Work Session Monday, December 22, 2008 Page 4 of 7 Pages Commissioner Baney pointed out that the County already has large lot industrial that is ready, and she would like the State to be aware of this. Mr. Anderson said that the process for developing large lot development is very specialized, and it could be considered a conflict of interest if staff got involved in that process. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. 4. Consideration of Approval of Minutes of Meetings. Business Meetings: September 24 and December 15 Work Sessions: June 11, 18, 25; July 28; December 15 and 17 BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. 5. Other Items. Consideration of Approval of Accounts Payable Vouchers for Deschutes County for Two Weeks, in the Amounts of $774,042.07 and $440,524.65. BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT. Consideration of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District for Two Weeks in the Amounts of $2,143.18 and $1,060.51. Minutes of Board of Commissioners' Work Session Monday, December 22, 2008 Page 5 of 7 Pages BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 4-H/EXTENSION COUNTY SERVICE DISTRICT. Consideration of Approval of Accounts Payable Vouchers for the 4-H County Service District for Two Weeks, in the Amounts of $2,029.95 and $3,611.54. BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. Concerning the Sunriver Sewer District project, Mr. Kanner discussed converting a portion of OECD loan into a grant. They can get a very low interest loan at 1.18% through the DEQ. Commissioner Baney asked why the County would not use existing funds. Mr. Anderson said that if the whole $100,000+ was spent for the gap, the $62,000 and the $40,000, in addition there will be money spent for PRC's from private property owners. At that point, almost no money would be left over for property owners who might need to upgrade. The loan would make more of the $40,000 available to them. No money is coming in at this time due to the housing slowdown. The Financial Advisory Committee has lingering concerns about the funds available. There is strong support to move forward with the study, which would allow much more accurate numbers of what sewering might cost. Commissioner Baney was concerned about allowing funding towards this study, as other areas may want the same consideration. Commissioner Luke said that this is an existing sewer system that is willing to take this on, and this is the best-case scenario and will answer a lot of questions. Residents may be surprised at what it costs just to hook into a sewer system, much less what it would cost to establish a whole new system. This could help people decide which direction they wish to proceed. Minutes of Board of Commissioners' Work Session Monday, December 22, 2008 Page 6 of 7 Pages BANEY: Move approval of negotiating the loan. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. Being no further discussion, the meeting adjourned at 10:30 a.m. DATED this 22"d Day of December 2008 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Dennis R. Luke, Minutes of Board of Commissioners' Work Session Monday, December 22, 2008 Page 7 of 7 Pages i ael . Daly, mmissioner 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 - PLEASE NOTEEEARLIER TIME DESCHUTES COUNTY BOARD OF COMMISSIONERS 9:00 A.M., MONDAY, DECEMBER 22, 2008 1. Work Session regarding Lower Bridge Way Land Use Hearings and Decision (Rezone of Mining Site) - Will Groves 2. Discussion of Central Oregon Veterans Outreach Request for Grant Funds ' 3. Discussion of Economic Opportunity Analysis Proposal 4. Approval of Minutes of Meetings: • Business Meetings: September 24 and December 15 • Work Sessions: June 11, June 18, June 25, July 28, December 15 and December 17 5. Update of Commissioners' Meetings and Schedules 6. 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. Ifyou have questions regardinga 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. SCHWABE, WILLIAMSON & WYATT 9a* A T T O R N E Y S AT L A W Mill View Way Building, 549 SW Mill View Way, Suite 100, Bend, OR 97702 Phone 541.749.4044 1 Fax 541.330.11531 www.schwabe.com TIA M. LEWIS Direct Line: 541-749-4048 E-Mail: tlewis@schwabe.com December 22, 2008 VIA E-MAIL AND FIRST CLASS MAIL Deschutes County Board of Commissioners c/o Will Groves 1300 NW Wall Street Bend, OR 97701 Re: Lower Bridge Road; ZC-08-01 and PA-08-01 Dear Commissioners: At the hearing before you on December 17, 2008, the Applicant proposed to allow the zone change in a phased approach by approving the request for RR-10 zoning on the approximately 160 acresI (comprised of 130 acres east of Lower Bridge Road and 30 acres west of Lower Bridge Road along the river corridor), and adopting a Resolution of Intent to Rezone on the remaining 410 acres with specified conditions. At the close of the hearing, the Board requested that the Applicant submit acceptable conditions in draft for the Board to consider at its December 22 work session. The following are the Applicant's proposed conditions: 1160 Acres: Approve the Plan Amendment and Zone Change request to Rural Residential, RR-10, with the condition that prior to the issuance of a residential building permit, the owner obtain from DEQ an NFA determination for a residential use designation for the 160-acre site. 410 Acres: Approve a Resolution of Intent to Rezone to Rural Residential, RR-10, with the following conditions: The stated acreages are estimates to be refined upon approval of the zone change and preparation of a legal description. Portland, OR 503.222.9981 1 Salem, OR 503.540.4262 1 Bend, OR 541.749.4044 Seattle, WA 206.622.1711 ( Vancouver, WA 360.694.7551 1 Washington, DC 202.488.4302 PDX/ 116094/ 150752/TM 03228105.1 Deschutes County Board of Commissioners December 22, 2008 Page 2 DEQ Approval for Residential Use: Within three years or prior to any residential subdivision approval, whichever is earlier, the owner shall obtain from DEQ an NFA determination for a residential use designation for the 410-acre site. 2. DHS Approval for Residential Use: Within three years or prior to the issuance of any residential subdivision approval, whichever is earlier, the owner shall obtain a determination from DHS of no apparent public health hazard for a residential use designation for the 410-acre site. 3. Reclamation: Contemporaneous with site development and prior to the issuance of any residential building permit, the owner shall complete County approved reclamation of the 18-acre area covered by SP-85-23 through a modified reclamation plan consistent with the plan submitted by the Applicant dated December 3, 2008. The modification shall be processed as a land use decision pursuant to DCC 22.36.040, which application shall be made prior to or concurrent with any residential subdivision application for the 410-acre site. 4. Dust Abatement: During the pendency of the Resolution of Intent to Rezone and continuing in conjunction with the DEQ VCP program and site development, the owner shall implement the DEQ approved Planting Plan dated May 20, 2008 (Exhibit PH-6) and the DEQ approved Watering Monitoring Plan dated May 20, 2008 (Exhibit PH-7) as the Dust Abatement Plan for the 410-acre site. 5. Expiration Date: This Resolution of Intent to Rezone shall expire five years from the date of this approval unless the conditions set forth above have been satisfied. Thank you for the opportunity to submit these draft conditions. Please call me if you have questions. Sincerely, Tia M. Lewis TML:wxr PDX/ 1 1 6094/ 1 50752/TMU3228105.1 OPPORTUNITIES FOR LEADERSHIP IN ECONOMIC DEVELOPMENT ISSUE: The question has been raised as to whether or not the Deschutes County/central Oregon area has an adequate supply of large lot (-100 acres) industrial sites to competitively respond to job creating, national and international industrial recruitment opportunities. Immediate funding is available through the Department of Land Conservation and Development's (DLCD) Technical Assistance Grant to the County and its partners to address the question. RESPONSE: A prescribed procedure (an Economic Opportunity Analysis-EOA) exists for local or regional governments to evaluate the "reasonably predicted" demand for specific types of employment land as well as inventorying and analyzing the actual local and regional supply of available industrial lands. Results of this analysis will indicate if there is an adequate, existing supply of the identified needed employment lands and, if not, how that unmet land demand can most efficiently be addressed and satisfied-all complying with state land use planning rules. These rules require that lands within an existing Urban Growth Boundary (UGB) be considered first to satisfy this identified land need. If such lands cannot adequately and/or effectively satisfy this need, then lands outside of but adjacent to UGB are evaluated for suitability and then, if selected, are brought into the UGB to satisfy this now documented unmet land need. Performing an EOA is a necessary step required to bring additional employment lands into a UGB. Sometimes the specific land need is so rare or specialized that no single jurisdiction wants to "lock up" their limited vacant land supply waiting for a rare event employment opportunity. This is the current situation regarding large lot industrial sites. The demand for them is infrequent, the holding costs are great and the future land value not easy to predict. Consequently, rarely do local jurisdictions maintain a supply of large lot industrial vacant lands. The problem is that when no jurisdiction maintains a supply of such lands, the entire region becomes non- competitive for such job creating industrial recruitment opportunities. Large lot industrial land supply is a regional economic development concern. ACTION NEEDED: The County should apply for grant funds from DLCD to test case the new regional EOA procedures by applying them to large lot industrial (employment) land supply in the Deschutes County employment region. This study area will include parts of Deschutes, Jefferson and Crook counties focusing on urban large lot industrial land supply in LaPine, Sunriver, Bend, Redmond, Sisters, Prineville, and Madras-other cities may be included. Partners (e.g. the Department of State Lands) in this endeavor will help share the burdens of applying for and implementing the EOA while minimizing the burden to the County. As discussed above, the EOA will evaluate industrial land demand and supply throughout Deschutes County and surrounding areas and should consider the Department of State Land's South Redmond Tract, along with other industrially designated, County-owned properties including the1500 acres in NE Redmond. BENEFIT TO THE COUNTY and REGION The EOA will make major contributions to the Economic Element of the County's current Comprehensive Plan update effort and can benefit each of the participating communities. Success with this effort will identify the County as a leader in guiding the entire region to a healthy, diversified and dynamic 21St Century economy and employment base. ~V CENTRAL OREGON VETERANS OUTREACH, INC. 3 54 NE Greenwood Ave., Suite 113, Bend, OR 97701 Phone: 541-383-2793 • Fax 541-383-5822 ''SfANDWebsite: hftl)://www.covo-us.org J "Veterans Helping Veterans" Board of Directors Anne Philiben President Roger Riolo Vice President Susan Staves Secretary/General Counsel Judith Burgermyer Treasurer Rev. Craig Jorgensen Director Robert Martin Director Staff D.L. Patten Executive Director Stuart A. Steinberg V.A. Benefits Claims Officer Mark Tomaro Case Manager James W. Gunn Outreach Coordinator Robert Martin House Manager Dave Eveland Office Technician Rob Galentine Office Technician Supporters Meredith Browning Family Services Oregon National Guard Dr. Clarence Carnahan, M.D. Psychiatrist Bend VA Primary Care Clinic Disabled American Veterans Chapter 14, Bend, Oregon David Fairclo Central Oregon Veterans Council Bend, Oregon Dr. Elizabeth A. Leeberg, Ph.D. Clinical Psychologist Bend, Oregon Veterans of Foreign Wars Post 1643, Bend, Oregon Vietnam Veterans of America Chapter 820, Bend, Oregon Vietnam Veterans of America Chapter 821, Lapine, Oregon Commissioner Dennis Luke 1300 NW Wall St. Bend, OR 97701 Dear Commissioner Luke Central Oregon Veterans Outreach, Inc. (COVO) is applying for a City of Bend CDBG grant for a second Home of the Brave to serve physically disabled veterans whom are homeless and/or low income. Secondly, we are applying for a smaller CDBG grant to help support our case management and outreach work. We greatly appreciate your past support which in some cases included letters of support. We would appreciate a letter of support from you for the above two grants. Please mail your support letters to COVO, 354 NE Greenwood, Suite 113, Bend, OR 97701 no later than December 31, 2008. Sorry for the short notice and we acknowledge how valuable your time is. Please find attached a copy of a previous support letter that you may find helpful. Sincerely, o"~ - 1~~ Dalles Patten - Executive Director Anne Philiben - President of the Board y4': FRI, G' ' 7 2008 BOARD OF COMMISSIONERS I ADMINISTRATION 3 i~ ,`'GREG WALDEN SECOND DISTRICT, OREGON DEPUTY WHIP ENERGY AND COMMERCE SUBCONIMIITTEES: ENERGY AND AIR QUALITY TELECOMMUNICATIONS AND THE INTERNET OVERSIGHT AN D INVESTIGATIONS WEBSITE: http://waIden.house.gov (E-MAIL AVAILABLE ON WESSITE) June 19, 2007 Mr. Roger Casey Homeless Providers Grant & Per Diem Program Department of Veterans Affairs 810 Verinont Avenue NW Washington, DC 20420 Dear Mr. Casey: WASHINGTON, OC OFFICE: 121D <.ONGWORTH HOUSE QFFICE BUILDING WASHINGTON,. DC 20$15-3702 TELEPHONE: (202) 225-6730 DISTRICT OFFICES: 843 EAST MAIN STREET SUITE 400 MEDFORD, OR 97504 TELEPHONE: (541) 776-4646 TOLL FREE: (800) 533-3303 JAMISOIN BUILDING SUITE 201 131 NW HAWTHORNE STREET BEND, OR 97701 TELEPHONE: (541) 389-4408 On behalf of Central Oregon Veterans Outreach (COVO), I am pleased to extend this letter of support for its application to the Department of Veterans Affairs for capital grant and per diem funding. Since its founding in 2005, COVO has had remarkable impact on the lives of homeless veterans in Central Oregon through a solid array of programs and services. Its grant application for capital and per diem funding, at this time, is key to empowering significant steps towards a successful, sustainable model of operations for years to come. I have been impressed with COVO's progress with its transitional housing and mobile outreach programs. Already, the organization has established sound leadership and secured important funding and community support - not only for such critical veterans services, but also towards acquisition of its transitional housing facility - comprising vital springboard resources for its capital and per diem request. I strongly encourage the Homeless Veterans Programs' consideration and support for COVO's application and initiative to complete acquisition of its facility, purchase a new van and utilize per diem payments to provide reliable, quality services for homeless veterans. Please do not hesitate to contact me at my Medford district office if I can provide any other information that might aid your consideration. Thank you. Sincerely, 1~1~44(4-1- GREG WALDEN Member of Congress z IIts r, rl, •IEr j a dle ortgrt of tot niter WC5 otl5e of AeVre5entadbr5 GW/dh