2010-75-Minutes for Meeting January 22,2010 Recorded 2/16/2010COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS U 2010'15
COMMISSIONERS' JOURNAL 0211612010 11;44;39 AM
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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
MINUTES OF SPECIAL MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
FRIDAY, JANUARY 22, 2010
Present were Commissioners Dennis R. Luke and Alan Unger; Commissioner
Tammy Baney was absent. Also present were Dave Kanner, County
Administrator; Tom Anderson, Nick Lelack, Peter Russell, Peter Gutowsky,
Community Development; Laurie Craghead, County Counsel; and Richard
Whitman and Mark Radabaugh, Department of Land Conservation and
Development; and Steve Hibbert, Oregon Department of Justice. No
representatives of the media or other citizens were present.
Chair Luke opened the meeting at 4:30 p.m.
Richard Whitman said he had just come from a meeting with the Bend City
Council at which he discussed the City's urban growth boundary expansion. He
stated that there are more areas of agreement with the City than not, and they are
likely to be challenged on those areas of agreement by others who question the
proposed expansion. He said he believes the City has fulfilled its procedural
requirements.
Mr. Whitman indicated that the City's appeal will come to the Land Conservation
and Development Commission for a two-day hearing in March. He said that from
a big-picture perspective, it appears the City's decision was done in a hurry and it
shows. He stated that some of that might be fixed, and the County will have to
decide whether to work with the City on that. He believes many of the fixes can be
resolved at the staff level.
He said the City needs to do more to comply with Goal 14, but he is not suggesting
that the City has to rezone existing neighborhoods. It will, however, change how
big the expansion needs to be. He said the City needs to make a better case that it
has done at this point.
Minutes of Board of Commissioners' Special Meeting Friday, January 22, 2010
Page 1 of 3 Pages
Mr. Whitman also indicated that the City proposed to bring 3,000 acres into the
UGB that they had found was unsuitable for urban development, but that the City
can't do that under State law. He said there are problems with the economic
opportunity analysis, although the City will ultimately be able to address those. He
said the City should ultimately be able to address the issues with residential land as
well. He stated he was not too concerned about the expansion lands on the east
side, but there are problems on the west side.
Commissioner Luke stated that the City Council was very involved in what they
felt the result of the expansion should be, and why certain lands, such as Juniper
Ridge, were included while others were not.
Mr. Whitman said after LCDC makes its decision, the next step is the Court of
Appeals, which could take years to render a decision. Mr. Gutowsky asked if the
State is in a position to give the City money for an alternatives analysis. Mr.
Whitman said probably not. Mr. Gutowsky asked if LCDC would be able to
clearly articulate what modifications are necessary, and that some technical help
would be necessary. Commissioner Luke said the State and County have to be
careful about telling the City how to handle this process.
Mr. Whitman stated he would appreciation input from County staff as to how to
move this forward in a productive way. Mr. Lelack said there first needs to be
agreement on the numbers, and the maps need to be kept in a drawer until there is
such agreement. Mr. Whitman concurred, and said he believes the housing side
has already been addressed. Commissioner Luke observed that it appears that the
City drew the map first and then tried to make the numbers fit. Mr. Radabaugh
agreed. Mr. Whitman said he would like to negotiate a specific work plan with
roles for the City, County, State and special districts. He said whatever LCDC
decides will likely be appealed.
Mr. Kanner asked about the status of the other appeals filed by the various
objectors, given the City's decision to appeal the DLCD remand. Mr. Whitman
and Mr. Hibbert said all of those appeals would have to be heard although they
would probably be consolidated by issue.
Mr. Gutowsky asked about the ability to defer Transportation Planning Rule
findings in an urban holding zone, as was done in Redmond. Mr. Whitman said he
had not looked at that aspect of the Redmond UGB plan.
Minutes of Board of Commissioners' Special Meeting Friday, January 22, 2010
Page 2 of 3 Pages
Mr. Kanner asked about the prospects for SB 1031 in the upcoming legislative
session. Mr. Whitman said they are probably 50-50. He said some lingering issues
need to be resolved. He said if those can be taken care of and there still some
critical mass, it could move. He said one outcome of the session might be the
continuation of a work group to produce a bill by next fall, but it wouldn't be a
DLCD bill.
Commissioner Luke inquired about the greenhouse gas bill. Mr. Whitman said it
can probably get through the Senate in February, but many people, including some
working for State agencies, have concerns about it.
Mr. Gutowsky asked about the Jackson Co ty Goal 11 exception legislation,
which he said Deschutes County is watchin closely. Mr. Whitman said he
believes DEQ understands that something needs to be done in south Deschutes
County but he did not want to get out in front of them. He said he is open to the
idea of exceptions in large areas, and added that he wants to understand the
county's concerns.
There being no further business, Commissioner Luke adjourned the meeting at
5: 30 p. m.
DATED this 22°d Day of January 2010 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
"
Dennis R. Luke, Chair
Ala ger, Vice Chair
Tammy Baney, Co issioner
Minutes of Board of Commissioners' Special Meeting Friday, January 22, 2010
Page 3 of 3 Pages