2009-84-Minutes for Meeting February 02,2009 Recorded 2/26/2009DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP COUNTY CLERK Q ~QQ~■8~
COMMISSIONERS' JOURNAL
02/26/2009 08;23;44 AM
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2009-84
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, FEBRUARY 2, 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 Dave Kanner, County Administrator; Tom Anderson, George
Read, Peter Russell and Kristen Maze, Community Development; Tom Blust, Road
Department; Laurie Craghead, Legal Counsel; and four other citizens, including a
media representative from KOHD TV.
Chair Baney opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was an Update on Amending the Deschutes County
Transportation System Plan Map to Add 19th Street between Redmond and
Deschutes Junction.
Peter Russell gave an overview of the $500,000 federal funds earmarked to do
an environmental study on the amendment. When a highway is developed on
rural lands, the transportation Goal has to be addressed. He feels this should
not require a Goal exception, but has learned it is required. He is putting
together a burden of proof study with the help of ODOT.
Commissioner Luke explained to the audience where 19th Street will go. Mr.
Russell, said that most of the land is EFU even though much of it is owned by
the BLM. The land is marginal for farm use due to soil type and the lack of
water. The federal government has questions about conversion to commercial
use, so that concern must be addressed as well.
Minutes of Board of Commissioners' Business Meeting Monday, February 2, 2009
Page 1 of 4 Pages
Tom Blust added that there is no definite timeline, although there is an
agreement between ODOT and the County, and another with the BLM. He is
waiting for ODOT to give the go-ahead on spending the funding. BLM
requires an up-front deposit of $20,000 before the work begins. These dollars
will be reimbursed later.
Commissioner Unger asked if the definite road alignment has been decided.
Mr. Russell said that the contact point to the DSL land is known.
3. Before the Board was a Public Hearing and Consideration of First
Reading, by Title Only, of Ordinance No. 2009-003, Amending Code to
Change the Timing of When Pollution Reduction Credits are Required to
be Paid.
Kristen Maze gave a brief overview of the item. This text amendment affects
the New Neighborhood area in La Pine. Code requires payment prior to
approval of the final plat; the change would allow payment to be made at the
time of building permit, which allows the developer to sell the lots.
Laurie Craghead stated that this is a legislative hearing, and there is no specific
opening statement to be read.
Chair Baney opened the hearing, to include the staff report. None of the
Commissioners had any conflicts of interest to disclose.
Commissioner Unger asked about the strikeouts and underlined area. Ms. Maze
stated that the definition of financial assistant funds is being added. Under
pollution reduction credits, it refers back to financial assistant funds. Under
TDC transactions, it again refers to the financial assistance funds, and
retrofitting was stricken and replaced with other language. Parts 6, 7 and 8 are
new. These were addressed in the staff report.
The Planning Commissioner recommended approval with no changes to the
text.
Commissioner Luke asked how a buyer would know to pay this. Ms. Maze
stated that the preliminary title report will show it.
Bob Lovlien, an attorney for Sagebrush Development, pointed out that the
amount is large, $790,000. This amendment will allow them not to have to pay
large up-front fees.
Minutes of Board of Commissioners' Business Meeting Monday, February 2, 2009
Page 2 of 4 Pages
Dan Goodrich of Pahlisch Homes responded to Commissioner Luke's questions
regarding the market in La Pine. Mr. Goodrich said that they have 106
developed lots, and 28 remain unsold. There was only one potential customer
through the open house last weekend. This amendment will help them to get
the momentum going again.
LUKE: Move first reading, by title only.
UNGER: Second.
VOTE: LUKE:
UNGER:
BANEY:
Yes.
Yes.
Chair votes yes.
Chair Baney conducted the first reading at this time. The second reading will
take place on Wednesday, February 18 at the afternoon work session.
4.
Before the Board were Additions to the Agenda.
None were offered.
Commissioner Luke asked Tom Anderson about a Code violation issues in
Deschutes Junction area. He believes it involved someone who built a shop too
close to the railroad tracks or within a right of way. Mr. Anderson said he
would check on this.
There was a brief discussion regarding the fourteen years allowed to put in
septic system upgrades in the south County area. The Board had chosen not to
go with the time of sale route. Commissioner Luke asked what the citizen
action group filed in court. Mr. Kanner stated that these citizens are seeking a
writ of review. The County made motions to dismiss the complaints, which
were numerous. A motion to dismiss was granted on most of those. The Courts
may want changes to the ordinance, which has to do with retrofits and not new
construction. The ordinance is still in effect until there is a review and a Judge
finds it should be repealed or changed.
Minutes of Board of Commissioners' Business Meeting Monday, February 2, 2009
Page 3 of 4 Pages
Being no further items to come before the Board, the meeting adjourned at
10:40 a. m.
DATED this 2nd Day of February 2009 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
ei&,- ~Zm 0444-
Alan Unger, Commissioner
Minutes of Board of Commissioners' Business Meeting Monday, February 2, 2009
Page 4 of 4 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orl?
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, FEBRUARY 2, 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. AN UPDATE on Amending the Deschutes County Transportation System Plan
Map to Add 19th Street between Redmond and Deschutes Junction - Peter
Russell, Community Development
3. A PUBLIC HEARING and Consideration of First Reading, by Title Only, of
Ordinance No. 2009-003, Amending Code to Change the Timing of When
Pollution Reduction Credits are Required to be Paid - Kristen Maze,
Community Development Department
4. ADDITIONS TO THE AGENDA
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)
Board of Commissioners' Business Meeting Agenda Monday, February 2, 2009
Page 1 of 5 Pages
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
Friday, February 6, 2009
6:00 p.m. Sisters Chamber of Commerce Installation Dinner - Five Pines Conference Center,
Sisters
Wednesday, February 11, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
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 18, 2009
11:00 a.m. Annual Meeting with Black Butte Ranch Board - BBR Administration Building
2:00 p.m. Administrative Work Session - could include executive session(s) - note later time
Monday, February 23, 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, February 2, 2009
Page 2 of 5 Pages
Wednesday, February 25, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, February 26, 2009
9:00 a.m. Tri-County Work Session (Deschutes, Jefferson, Crook) - Fairgrounds Board
Room, Redmond
Monday, March 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, 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
2:30 p.m. Regular Update with Solid Waste Department
Wednesday, March 11, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
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 Health & Human Services Department
Board of Commissioners' Business Meeting Agenda Monday, February 2, 2009
Page 3 of 5 Pages
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
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
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
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
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
Board of Commissioners' Business Meeting Agenda Monday, February 2, 2009
Page 4 of 5 Pages
Monday, April 6, 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. April 8, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
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, February 2, 2009
Page 5 of 5 Pages
vT~~ ~A."A
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest ~,L en Date 212 -10-7
Name L)a d1 6~->ocC pT c o
Address A11= / 6 S f ,y,_c~
%7701
Phone #s ~ -t//- 3 - - 7 /12
E-mail address ,h
2-In Favor Neutral/Undecided Opposed
Submitting written documents as part of testimony? F]Yes 1;]-No
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest # -5
Name
) L=V
Date
Address P() / 4k rez)
Phone #s
E-mail address
><1 In Favor Neutral/Undecided Opposed
Submitting written documents as part of testimony? FlYes &No
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o { Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or~
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 2, 2009
Please see directions for completing this document on the next page.
DATE: January 29, 2009
FROM: Peter Russell, Sr. Trans. Planner. CDD 383-6718
TITLE OF AGENDA ITEM:
Update on amending the Deschutes County Transportation System Plan map to add 19th Street between
Redmond and Deschutes Junction.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
A corridor for a future 19 Street between Redmond and Deschutes Junction was identified as part of
the federal Upper Deschutes Resource Management Plan (UDRMP) in 2005. Subsequently, Deschutes
County succeeded in garnering an approximately $500,000 federal earmark for environmental clearance
work in this corridor. Since then the Federal Highway Administration (FHWA) has required that 19th
Street appear on the County's TSP map before the earmark can be used.
Staff has discussed the map amendment with the Department of Land Conservation and Development
(DLCD) and has determined the County will need to pursue an exception to the statewide planning
goals as required under Oregon Administrative Rule 660-012-070. Essentially, the County must
explain why a County road will be mapped on land zoned for Exclusive Farm Use (EFU).
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REOUESTED:
No action is requested, as this is just an informational briefing.
ATTENDANCE: Peter Russell, Senior Transportation Planner
DISTRIBUTION OF DOCUMENTS:
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