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2010-111-Minutes for Meeting February 22,2010 Recorded 3/1/2010Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, FEBRUARY 22, 2010 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Laurie Craghead, County Counsel; Anthony Raguine, Paul Blikstad and Will Groves, Community Development; Tom Blust, Road Department; and twelve other citizens. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of Document No. 2010- 135, a Notice of District Election and Explanatory Statement regarding the Formation of Pinewood Country Estates Special Road District. Laurie Craghead said this is the document needed to officially put this on the ballot. BANEY: Move approval. UNGER: Second. VOTE: BANEY: UNGER: LUKE: Yes. Yes. Chair votes yes. COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS 1~~1 ~Oi~•!ii COMMISSIONERS' JOURNAL 03/OlI1O1O 01:59:5 PM Minutes of Board of Commissioners' Business Meeting Monday, February 22, 2010 Page 1 of 8 Pages 3. Before the Board was a Public Hearing on Ordinance No. 2010-010, a Text Amendment regarding Bicycle Parking Standards. Chair Luke read the opening statement. Regarding disclosures of bias, prejudgment or personal interest, none of the Commissioners had anything to disclose. Ms. Craghead said that the word "bias" should be removed as it has been determined that someone could be biased on an issue, but still make an impartial decision. Chair Luke opened the hearing. Paul Blikstad gave a staff report explaining that clarification is needed in regard to bicycle parking standards, which are not consistent at this time. Typically bicycles are seen mostly in resort areas. It makes sense to clarify where the bicycle parking standards should apply. The Planning Commission has agreed. It is believed that the standards were established mostly for quasi-urban areas such as resorts or rural commercial areas. Other locations have such minimal bicycle activity that the same standards do not seem to be necessary. Commissioners Unger and Baney asked if the language could be expanded to include future locations that might need to meet these criteria. Ms. Craghead said that it cannot be left open in this manner, but instead has to be more specific. The Commissioners feel that it needs to cover potential future locations and uses so that the applicants will know what might be expected in this regard. Mr. Blikstad said staff has administered this for seventeen years and feel that the changes as presented are adequate. Commissioner Luke stated that there is an increasing use of bicycles and more bicycle-related events, and future needs must be considered. No public testimony was offered. The oral portion of the hearing was closed; the written record was left open and the hearing continued until Monday, March 15, 2010 at 10:00 a.m. Minutes of Board of Commissioners' Business Meeting Monday, February 22, 2010 Page 2 of 8 Pages 4. Before the Board was a Decision on Appeals of the Hearings Officer's Decision Reversing the Planning Division's Decision to Issue a Land Use Compatibility Statement and Building Permit for the Remodel of an Existing Dwelling (Dowell). Will Groves gave a brief overview of the issue. The Board decided to reverse the Hearings Officer's decision at its last meeting on this situation, and the findings and decision document is now ready for the Board to consider for signature. Mr. Groves said that page 6 of 7 has a minor typographical error, which will be corrected. From the audience, William Kuhn stated that the Board should have been required to read an opening statement on this issue and he thinks they did not do so, at which time he could have raised objections to what he feels is bias or prejudgment. Ms. Craghead said this is not the time to bring this up, and is too late; and since Mr. Kuhn is represented by legal counsel, she cannot discuss this issue with him. BANEY: Move approval of the Decision as presented. UNGER: Second. VOTE: BANEY UNGER: LUKE: Yes. Yes. Chair votes yes. 5. Before the Board was a Public Hearing on an Application from the Oregon Department of Transportation for a Noise Permit for Paving Part of Highway 20. Commissioner Luke opened the public hearing. He asked if ODOT worked with the County Road Department on an alternative staging area for this work. Jay Davenport and Mike Darling, representatives of ODOT, said that they did meet and looked at the site. It has been environmentally cleared and it is being offered to the contractor for use. The contractor will be required to get a permit from the County for this. In regard to paving from Purcell to mile post 4.9 near the Powell Butte intersection, the contractor can use the current ODOT staging site for some of the work. Minutes of Board of Commissioners' Business Meeting Monday, February 22, 2010 Page 3 of 8 Pages Anthony Raguine explained the application would be for activities covering a portion of Highway 20 and including the stockpiling site. ODOT would like to use the stockpiling site for the bulk of the repaving project as funding allows. The last time this was for Purcell to the City limits; it now continues to mile post 4.9. (He referred to an oversize aerial photo of the area.) There are three elements. First, paving work from city limits, then a staging area. The last is to utilize the stockpile site for paving the additional area that is near the stockpile location. Commissioner Baney asked about bike lanes. She was advised that there are no marked bike lanes in that area. There will be no changes in the width of the asphalt; it is a preservation project at this point. There is no funding to expand the width. The work will be done at night since daytime traffic does not allow this kind of work and it is safer to do it at night. Jay Davenport stated that the project is expected to take six additional days, but will likely be done in conjunction with the other work and the end date probably will not change. Tom Blust stated that there would be no charge to use the County site. The contractor will have to do some improvements to the site, however, which ultimately benefits the County. Mr. Davenport said that ODOT understands the community issues since there have been other noise problems in this area. They want to make it more cost effective to use the stockpiling site that is near the construction area. It is public money. Commissioner Luke stated that he has met with representatives of ODOT and was told that a change order could take place after the contract is in place that requires the contractor to use the County site. Mike Darling said that this would eliminate part of the competitive bid process and leaves the State at the mercy of the contractor for the cost of the change order. The permits need to be in place soon for the work to get done in time. Minutes of Board of Commissioners' Business Meeting Monday, February 22, 2010 Page 4 of 8 Pages Commissioner Luke said that the permit is to work on the highway itself. Mr. Raguine stated that it does include the use of the staging site. ODOT has agreed to the same protocols as before, regarding notice and hours of activity. Citizen Joe Whiddon signed in, but did not testify. Darrell Barnes lives on Highway 20, across from the mobile weigh station. He said it is no longer mobile but is established, and the neighborhood was not aware of this. He feels the paving is necessary, but are opposed to the staging area at the weigh station due to the noise and congestion that will occur. There is a good location further east on the old highway that would be better. The old highway runs from mile post 12.5 for about five miles, without any residential use. He does not know if ODOT owns any property in that area. He asked where the batch plant is located, and wants to know why staff reports were not available on line. Mr. Raguine said that there is no separate staff report, as there are no criteria to be addressed by staff. The application is the document. Mr. Barnes said that the weigh station is a nuisance due to overnight parking by trucks and RV and the resulting dumping of trash and wastewater. It can be a safety issue as well, with merging traffic. They will need to service vehicles there during the day, so the work will in essence occur 24 hours a day. Commissioner Baney asked about the number of homesites that are in the area. Mr. Barnes estimated ten homesites. Judy Barnes added that there is a house behind the weigh station, but it is in foreclosure and currently vacant. Commissioner Baney asked if they support the paving but want another site used for staging and storage. Ms. Barnes said that security is a major issue to them, as well as noise. Commissioner Baney stated that the current activity is not part of this application, but that ODOT should be made aware of other problems that are ongoing. Mr. Barnes asked how trucks could be weighed if the area is being used for staging purposes. Minutes of Board of Commissioners' Business Meeting Monday, February 22, 2010 Page 5 of 8 Pages Mr. Davenport said there will be no batch plant on the property. He stated that the weigh master said they will not utilize the site for weighing trucks during this process. Leslie Ketrenos and Harry Ketrenos also commented. (A handout was distributed.) Ms. Katrenos said that ODOT was asked to work with the County on the alternate site. She thinks they are now using both and not honoring their word. ODOT said they needed more than three acres, and the Powell Butte site is eight acres. But it is in a visual management area and the Forest Service uses part of it. She feels that ODOT is not even considering the area's residents. She would like to see the noise permit rescinded for the staging site. Mr. Ketrenos added that he wants to know if this would generate any real cost savings. He does not think they are making a good effort to locate another site. There seems to be a dual set of standards in regard to visual corridors. Darrell Barnes said that in regard to the comment about bike lanes, he would like to see them for safety reasons. He feels that they have the funding to do this. No other testimony was offered. Commissioner Baney asked about the alternate site, the old highway. Mr. Davenport stated that they did not consider it. There are four prospective sites already. The night work to be done was within the city limits, but now that funding allows for a longer portion of the road to be done, the County needs to allow the noise generated by the paving. If additional funding does not come in, they need to stage close-in. If more funding is available, they need to have a site ready. The City is agreeable to this project. The Powell Butte site is still available for contractors for their use during the day. If equipment is parked there, it could be at use during the day. Chair Luke asked if the Board could require the use of an alternate site. Ms. Craghead replied she is not sure how they can revoke a previous permit, Mr. Raguine stated that the Board cannot revoke the permit for the work being done in the City. The contractor would not use the site for half the project. Minutes of Board of Commissioners' Business Meeting Monday, February 22, 2010 Page 6 of 8 Pages Commissioner Luke said that the work needs to be done. The State did look at the County's location and he thinks this is the best area for staging. Commissioner Unger feels that the site should stay in the mix to make the project work. It's for thirty days and it needs to be done. Commissioner Baney feels they need to do as much as they can during normal hours. Ms. Craghead said there is no revocation process. However, nearby residents can file an appeal at any time during the work; the work has to be underway. There is no other way to, in essence, revoke permission. Commissioner Unger feels that ODOT should be supported for the greater good, and should be allowed to save money if possible. They need to get this in place quickly. He feels that too much is being made of the whole issue. Mr. Davenport said that the paving is anticipated to take twelve days. Chair Luke closed the public hearing. Commissioner Baney said that proximity is important to get the work done as quickly as possible. The Powell Butte site is a problem because of all kinds of activity in that area that impacts the residents. It will be used during the daytime anyway, as it is government owned and used already. UNGER: Move signature of the noise permit. The motion died for lack of a second. Ms. Craghead said that a revocation process is not available. There is an appeal process for residents. BANEY: Move that Document No. 2010-068 be approved, but Noise Permit SOP 09-1 be revoked, contingent upon approvals being obtained to use the 27th Street site, with use of the Powell Butte site being reinstated if said approval cannot be obtained. LUKE: Second. VOTE: BANEY: UNGER: LUKE: Yes. No. (Split vote.) Chair votes yes. Commissioner Unger said that this is making it too complicated for ODOT to do its work. Minutes of Board of Commissioners' Business Meeting Monday, February 22, 2010 Page 7 of 8 Pages Commissioner Luke said they will pave at night be able to use the weigh scale site, and must do all they can to make the 27th Street County site work. Being no further items addressed, the meeting adjourned at 11:35 a. m. DATED this 22"d Day of February 2010 for the Deschutes County Board of Commissioners. ATTEST: JXX44~, (61,keA- Recording Secretary ~ Dennis R. Luke, Chair OJAAI- Alan Unger, Vice Chair Tammy aney, C missioner Minutes of Board of Commissioners' Business Meeting Monday, February 22, 2010 Page 8 of 8 Pages tu~U~ ~~'a n { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: 1V01' 5,e Date: µ-?a u0 9 Name eS ~e e 4-r1 rc v~ C7« Address 62;1,.3. ee x*; Phone #s 0 E-mail address Y,r.:.. (,"'rv.\ ; N. ❑ In Favor Neutral/Undecided E~ Opposed Submitting written documents as part of testimony? 2 Yes No If so, please give a copy to the Recording Secretary for the record. ~Jces o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: P u i~-' Pe r t,-J Date: Z- Z2 -y `7 Name 1 ,rte ~~Pe 10 Address 6-2117 Pawe I I Phone #s 541- 3~ 3 U\ 3 a h E-mail address e ''te° . In Favor Neutral/Undecided Lk~ Opposed Submitting written documents as part of testimony? ❑ Yes No If so, please give a copy to the Recording Secretary for the record. (I BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Name I-A ~ t_( ~ gr Aildlress ate. i Phone #s E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? 1-1 Yes No If so, please give a copy to the Recording Secretary for the record. Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, FEBRUARY 229 2010 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. CONSIDERATION of Signature of Document No. 2010-135, a Notice of District Election and Explanatory Statement regarding the Formation of Pinewood Country Estates Special Road District - Laurie Craghead, County Counsel 3. A PUBLIC HEARING on Ordinance No. 2010-010, a Text Amendment regarding Bicycle Parking Standards - Paul Blikstad, Community Development 4. A DECISION on Appeals of the Hearings Officer's Decision Reversing the Planning Division's Decision to Issue a Land Use Compatibility Statement and Building Permit for the Remodel of an Existing Dwelling (Dowell) - William Groves 5. A PUBLIC HEARING on an Application from the Oregon Department of Transportation for a Noise Permit for Paving Part of Highway 20 - Anthony Raguine 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 22, 2010 Page 1 of 5 Pages 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, February 22 10:00 a.m. Board of Commissioners' Meeting 12:00 noon Regular Meeting with Department Directors 1:30 p.m. Administrative Work Session - could include executive session(s) 6:00 p.m. Public Hearing on Adding 19th Street to the Transportation System Plan Wednesday, February 24 7:30 a.m. Conference Call with State Lobbyist regarding Legislative Session 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, March 1 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 3 7:30 a.m. Conference Call with State Lobbyist regarding Legislative Session 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 4 7:30 a.m. State of the County Address - Bend Country Club 10:00 a.m. Quarterly Update with the District Attorney 11:00 a.m. Quarterly Update with Community Development 12:00 p.m. Economic Revitalization Team Meeting 2:30 p.m. Quarterly Update with Solid Waste 3:30 p.m. Quarterly Update with the Road Department Board of Commissioners' Business Meeting Agenda Monday, February 22, 2010 Page 2 of 5 Pages Wednesday March 10 7:30 a.m. (Tentative) Conference Call with State Lobbyist regarding Legislative Session 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 11 7:00 a.m. Regular Meeting with the City of Redmond Council, Council Chambers, Redmond Monday, March 15 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday March 17 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 18 8:00 a.m. Quarterly Meeting with Health & Human Services 9:00 a.m. Semi-annual Meeting with the Clerk Monday, March 22 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 24 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 25 9:00 a.m. Quarterly Meeting with the Fair & Expo 10:00 a.m. Semi-annual Meeting with the Assessor 2:00 p.m. Quarterly Meeting with the Sheriff 3:00 p.m. Quarterly Meeting with Community Justice Board of Commissioners' Business Meeting Agenda Monday, February 22, 2010 Page 3 of 5 Pages Monday, March 29 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday. March 31 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 1 8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall Monday, A ri15 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 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 14 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, April 19 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 21 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, February 22, 2010 Page 4 of 5 Pages Thursday, April 22 11:00 a.m. Quarterly Meeting with the Commission on Children & Families Monday, April 26 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 28 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, Mai 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, May 5 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 22, 2010 Page 5 of 5 Pages PRELIMINARY STATEMENT FOR A LEGISLATIVE PUBLIC HEARINGS BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS This is a public hearing on a Text Amendment to Chapter 18.116 of Title 18 of the Deschutes County Code. The county file number is TA-09-5. The proposal is to amend Sections 18.116.031, Bicycle Parking, and 18.116.035, Bicycle Commuter Facilities, of Chapter 18.116 of Title 18 to specify where bicycle parking standards will be applied. The Board will hear oral testimony, receive written testimony, and consider the testimony submitted at this hearing. The hearing is also being taped. The hearing will be conducted in the following order. The staff will give a report on this issue. We will then open the hearing to all present and ask people to present testimony at one of the tables. You can also provide the Board with a copy of any written testimony. Questions to and from the chair may be entertained at any time at the chair's discretion. Cross-examination of people testifying will not be allowed. However, if any person wishes ask a question of another person during that person's testimony, please direct your question to the chair after being recognized. The Chair is free to decide whether or not to ask such questions of the person testifying. Prior to the commencement of the hearing any party may challenge the qualifications of any member for bias, prejudgment or personal interest. This challenge must be documented with specific reasons supported by facts. Should any Board member be challenged, the member may disqualify himself or herself, withdraw from the hearing or make a statement on the record of their capacity to hear and decide this issue. At this time, do any members of the Board need to set forth any information that may be perceived as bias, prejudgment, or personal interest? I will accept any challenges from the public now. (Hearing none, I will open the public hearing). STAFF REPORT S:\CDD\planning\Staff\Paul\MISC\PRELIMINARY STATEMENT - BOCC TA-09-5 HEARING.doc 121 =15rAG r9 L2Z=L s3 £r LV 121=22.400 L2Z=10..000 W L21°08.000 YJ WG584 L2005.000 W D"F b VQz f. (J _ U5 P P Awn ri z z r a P f low a v 7 ~i Ir 1 a P 7 z , L1 ~ P ' z , 4 ~ P r awl, z c~ s S 3 6 L~ r P Ut'IG.000 W L119L-A30 -1 Ut-L2.000 t1 L21'10J300 1: 121=08.000- YJ WGS84 12L'05.000' %V = to Oregon Department of Transportation Key #14932 63034 OB Riley Road TN Bend, Oregon 97701 US20: Purcell to Arnold Ice Caves Phone: (541) 388-6041 Fax: (541) 385-0476 MP 2.9 - MP 12.69 EXHIBIT 1 _PAGE 1 af: a ~ TI ~ ' ~ ~ 1 y III f t • v ~ 1 ~ ~yJ t t r ~I. 1 1 r r 1 ~ ~ r ~ t x era 2 o v, vpd-.p in Wirt O haRSparte el 63034 OB Riley Road Bend, Oregon 97701 Phone: (541) 388-6041 Fax: (541) 385-0476 US20: Purcell to Arnold Ice Caves~N Proposed Staging Area - Truck Weigh Scales MP 11.5 EXHIBI PAGE I L2L16.0w V1 12L4L4.0J0' W UVL2.000 W L214L0.000' W 121°08.000' W WGS84 12L°05.000' N Vw° i !la F h t Y" 1~. 7 ~ t L d9w r { lvi x e f i a r~ K- i Vi ~I Page 1 of 1 Feb. 21, 2010 Dear Commissioners, On our way home from the Commissioner meeting on, Dec. 30, 2009, we stopped and took pictures of the storage site requesting the noise permit which I might add is in a visual management corridor. As you will remember ODOT saying they needed a larger site than just a couple of acres. They stated that the Powell Butte/Hwy 20 site was about 8 acres. While technically that is correct but what wasn't told is the use of those 8 acres. I've attached pictures showing what is on it right now. A small pile of gravel looks to be not one small pile but what amounts to several piles that take up a lot of space. What about the acres that the state Park and Ride uses? What about the lease or some agreement with the Forest Service or other government agencies has with all their equipment and stuff piled up everywhere on that site? Are they going to let that agreement stay in place or require them to remove their stored items so they will have more room? The Forest Service put the fencing up around the lot when they started using it for storage several years ago. What about taking out unusable land for all the trees and rock piles? It would seem to me that this site is not as usuable as the 27th street area but ODOT doesn't want to put the effort out to make something else work. We beleive that ODOT was not truthful to the board about this site and what is currently on it and you should be aware of what is actually there. If they were going to haul belly dumps in there right now there is not adequate turning and unloading space. It is seeing and hearing all this type of stuff that makes us very distrustful of government. Harry and Leslie Ketrenos ae~.4 AL.,, C4~i~ a~3 7 lVd we4 Zug' /AJ/ OR 977al about:blank 2/22/2010 --r-- ~ I ~ s.~