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2009-57-Minutes for Meeting January 26,2009 Recorded 2/11/2009DESCHUTES COUNTY OFFICIAL RECORDS 2009-57 NANCY BLANKENSHIP, COUNTY CLERK y liJ COMMISSIONERS' JOURNAL 02/11/2009 10:15:15 AM IIIIIIIIIIIIIIIIIIIIIIIII III 2009-07 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., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orjz MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JANUARY 26, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Laurie Craghead, Legal Counsel; Will Groves and Peter Gutowsky, Community Development; and approximately thirty other citizens, including representatives of the media. Chair Baney opened the meeting at 10: 05 a. m. 1. Before the Board was Citizen Input. Citizen Brenda Stanton came before the Board, to follow up on the structural damage to her home. She has been advised that her house could collapse and the County signed off on the construction. She has not had a response to her inquiry. Ms. Craghead said that a notice of tort claim has been filed and the Board cannot respond due to potential litigation issues. Ms. Stanton provided photos of the problem to the Commissioners. She said that the upstairs post has gone through the subfloor and has crushed the floor system. She reiterated that she has not gotten a return phone call. 2. Before the Board was Consideration of First Reading of Ordinance No. 2009-004, Changing the Zone Designation for Certain Property from Forest Use Zone F-1 to F-2. Commissioner Unger asked why this has been discussed more than once. Commissioner Baney said there was a work session but she thought that there was no public hearing before the Board prior to this point. Minutes of Board of Commissioners' Business Meeting Monday, January 26, 2009 Page 1 of 5 Pages Will Groves said there is some confusion on this matter. There was a public hearing on this issue regarding a lot of record. A decision was made and the Board is to consider the first reading of the Ordinance. Commissioner Luke said that this type of thing has been approved in the general area. Commissioner Baney stated there was concern as to whether this would apply to other lands within the County as well. Mr. Groves replied that there was a question about whether federal lands being transferred becomes a lot of record transfer. The decision said that the determination is not made at this point, and that it would be addressed at the time of application. LUKE: Move first reading of the Ordinance, by title only. UNGER: Second. VOTE: LUKE: UNGER: BANEY: Yes. Yes. Chair votes yes. Chair Baney did the first reading of the Ordinance. The second reading will take place on Wednesday, February 11, 2009. 3. Before the Board was a Public Hearing regarding Changing the Plan Designation of Certain Property from Forest to Urban Reserve and Changing the Zoning from F-1 to UAR-10, and Amending the City of Sisters Urban Growth Boundary. Will Groves gave a brief overview of the item, and stated that there is some opposition to this proposal. There is concern about smoke going into the surrounding areas from fire training activities. After the property is annexed, site plan approval would be needed through the City. Information regarding an earlier hearing on the Latham mine expansion issue was brought to the Commissioners' attention, so they went back to that hearing at this time, 10:15 a. m. The Commissioners continued the regular meeting at 10:30 a.m. Commissioner Baney opened the hearing at this time. Minutes of Board of Commissioners' Business Meeting Monday, January 26, 2009 Page 2 of 5 Pages Eric Porter of the City of Sisters Community Development said that they are under contract to provide four acres of land for future fire training. There will be additional applications made as a part of the process. It may or may not be annexed into the City, but they cannot create this type of facility under current zoning. They have looked at other sites which are not compatible because of zoning, ownership or what is located around it. This site has the most inferior type of soil and is in the best location to be able to use water and other infrastructure. The County Planning staff and Hearings Officer recommend approval. Commissioner Luke asked what the City's process is after this point. Mr. Porter said notice would be provided to properties within 250 feet of the property line, but also to anyone who has testified otherwise in the past. A notice is also posted in the newspaper. (He referred to oversized maps of the property and surrounding area.) Mr. Groves said there was an extension using the width of the road to tie the sewer treatment into the City. They wish to do the same with this property. Brian Karjala with the Sister Fire District said that he and the Fire Chief are in favor of this change, to benefit the future of the District. Commissioner Luke asked what kind of training would take place. Mr. Karjala said that they now train on city streets and in residential areas. These sessions are impacted by traffic and there are safety concerns. They want to train where they will not have to impact the public. Initially there will be limited training, such as medical drills and car extrications. There will not be fire-related activities there in the near future. Commissioner Luke said that there is a similar site in the north end of town for the City of Bend that has some tall structures for storing hoses and other equipment. Mr. Karjala said they might have something similar, but it would be limited in height like the other structures within Sisters. He added that they have looked at a lot of ground, and infrastructure, especially water supplies, is important. They would have to drill wells in any other location and the amount of water may not be adequate. Commissioner Unger asked about using City-owned industrial land. Mr. Karjala said that those would not get these activities away from the population. Commissioner Baney asked if there is a permit required for fire work. Mr. Karjala said that a live fire requires DEQ approval. They do burn to learns already with buildings. Minutes of Board of Commissioners' Business Meeting Monday, January 26, 2009 Page 3 of 5 Pages Commissioner Luke said that the City owns the property now. Mr. Karjala stated that they are involved with the District in a trade for other property. Commissioner Baney asked if anyone else can use the facility. Mr. Karjala said it will be a northwest training facility eventually, to be used by Black Butte or Cloverdale. No further testimony was offered, so the hearing was closed. LUKE: UNGER: Second. VOTE: LUKE: Move that staff draft an Ordinance in this regard. UNGER: BANEY: Yes. Yes. Chair votes yes. 4. Before the Board was Consideration of First Reading, by Title Only, and Adoption of Ordinance Nos. 2009-001 (Ordinance; Exhibit A; Exhibit B; Exhibit C; Exhibit D) and 2009-002 (Ordinance; Exhibit A; Exhibit B), relating to Amendments to the Urban Growth Boundary of the City of Bend. Peter Gutowsky said that this will be the first reading only; the second reading will take place on February 11, 2009. There is no emergency clause; it will go into effect when accepted by the State. LUKE: Move approval of Ordinance No. 2009-001, by title only. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Commissioner Baney conducted the first reading, by title only. LUKE: Move approval of Ordinance No. 2009-002, by title only. UNGER: Second. VOTE: LUKE: UNGER: BANEY: Yes. Yes. Chair votes yes. Chair Baney conducted the first reading, by title only. Minutes of Board of Commissioners' Business Meeting Monday, January 26, 2009 Page 4 of 5 Pages 5. Before the Board were Additions to the Agenda. None were offered. Being no further items to come before the Board, the meeting adjourned at 10:50 a. m. DATED this 26th Day of January 2009 for the Deschutes ounty Board of Commissioners. n~ Tammy Baney, Chair Dennis R. Luke, Vice Chair ATTEST: 6TUAk-i 6x) Recording Secretary Alan Unger, Commissioner Minutes of Board of Commissioners' Business Meeting Monday, January 26, 2009 Page 5 of 5 Pages or , ` BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK L~~ri2Y 1 ~~uh S~ ~ St.rt,CtVra I 04 Agenda Item of Interest r t.t i;c U-1,1 tti~ t oi. A-\ i e_ -°4- .Z kv ve-Date Koh 1&(e Name Ay t .du, Sta^bor\ Address 2_23SD C ~0(jnnj 604 jok 111,72- Phone #s DZ-- lo E-mail address b►-tukclv, StcCCnk (C ; I. (Orn F] In Favor F-1 Neutral/Undecided Submitting written documents as part of testimony? Yes riclurej Opposed FINo IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: c, ~c--6 4, . Mailing Address: 5u E IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Mailing Address: U1 S - Lust Si - S V St-v S SA Phone G~N/ s-,2q- 8go-t E-mail Address: zyAcT,4., s,srqspet. to Date: 1 6 - oe, Subject: tS~rs Phone 71, ` _i E-mail Address: Date: Subject: S sus G~~~._ F s Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, JANUARY 26, 2009 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign-up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. A PUBLIC HEARING and Consideration of First Reading of Ordinance No. 2009-004, Changing the Zone Designation for Certain Property from Forest Use Zone F-1 to F-2 - Will Groves, Community Development Department 3. A PUBLIC HEARING regarding Changing the Plan Designation of Certain Property from Forest to Urban Reserve and Changing the Zoning from F-1 to UAR-10, and Amending the City of Sisters Urban Growth Boundary - William Groves, Community Development Department 4. CONSIDERATION of First and Second Readings, by Title Only, and Adoption of Ordinance Nos. 2009-001 and 2009-002, relating to Amendments to the Urban Growth Boundary of the City of Bend - Peter Gutowsky, Community Development Department 5. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Monday, January 26, 2009 Page 1 of 5 Pages 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. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place 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) Monday, January 26, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday. January 28, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, January 29, 2009 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall Monday, February 2 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, February 4 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 5:00 p.m. Regular Meeting with City of La Pine Council - Midstate Community Room, La Pine Wednesday, February 11, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, January 26, 2009 Page 2 of 5 Pages Monday, February 16, 2009 Most County offices will be closed to observe President's Day. Tuesday, February 17, 2009 12:00 noon Regular Meeting of Board and Department Directors Wednesday, February 19, 2009 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, February 23, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday February 25, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, March 2, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 4 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 5, 2009 10:00 a.m. Regular Update with District Attorney 11:00 a.m. Regular Update with Community Development Department 1:30 p.m. Regular Update with Road Department Monday, March 9, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, January 26, 2009 Page 3 of 5 Pages Wednesday March 11, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 12, 2009 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond 11:00 a.m. Regular Update with Mental Health Department 1:00 a.m. Regular Update with Health Department Monday, March 16 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 18, 2009 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 19, 2009 10:00 a.m. Regular Update with Community Justice Department 1:30 p.m. Regular Update with Solid Waste Department Monday, March 23, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 25, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 26, 2009 9:00 a.m. Regular Meeting with Fair & Expo Department 11:00 a.m. Regular Meeting with Commission on Children & Families Board of Commissioners' Business Meeting Agenda Monday, January 26, 2009 Page 4 of 5 Pages Monday, March 30, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 1 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 2, 2009 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall Monday, AApri16, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 8, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 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. Board of Commissioners' Business Meeting Agenda Monday, January 26, 2009 Page 5 of 5 Pages