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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 II IIIIIIIIIIIIII III 11[11! 7 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 at the request of [give reason] previously recorded in Book _ or as Fee Number to correct 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.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