HomeMy WebLinkAbout2009-09-28 Business Meeting MinutesDeschutes 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, SEPTEMBER 28, 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; Mark Pilliod, Legal
Counsel; George Read and Cynthia Smidt, Community Development Department;
a media representative from KOHD TV, and four other citizens.
Vice 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 a Public Hearing on Ordinance No. 2009 -023, a Text
Amendment regarding the Deschutes County Sign Ordinance.
Cynthia Smidt read the opening statement. In regard to bias, prejudgment, ex
parte contact and personal interest, none of the Commissioners had anything to
disclose, and there were no challenges from the audience.
Commissioner Luke asked if there was agreement between the Planning
Commission and staff on the changes included in the Ordinance. Ms. Smidt
said that this is true, and the changes will be made as appropriate.
Commissioner Baney pointed out that the signature block (record of approval)
is incorrect.
Ms. Smidt said this is a County- originated amendment, and the main purpose is
to for those properties in unincorporated communities; there are differences
when dealing with signage that have highway access or side street access. They
wish to eliminate that divisiveness, making the criteria the same.
Minutes of Board of Commissioners' Business Meeting Monday, September 28, 2009
Page 1 of 5 Pages
The access rules relating to highways have changed over the years. There are a
few other changes, such as allowing mini - boards for fast food restaurants and
signage allowed at entrances to resort communities and mobile home parks.
The reference to the Uniform Building Code would also be eliminated or
changed as appropriate, to update it.
Commissioner Luke asked if this only applies to signage on State highways.
Ms. Schmidt said it does; the County has rules relating to areas away from
highways but those are not included in this amendment.
Commissioner Luke stated that he checked on putting up signage for elections,
and this is different altogether. Commissioner Unger said there are a lot of
"shalls" in the Ordinance, and many challenges to small businesses in rural
communities. He thought perhaps it should be "may" to lessen the challenge.
Ms. Smidt said that a notice was posted in the newspaper. Staff recommends
continuing the hearing for 30 days to allow for written comments, as the City of
La Pine and ODOT were not specifically contacted. Commissioner Baney
asked that the Realtors, sign companies and others also be contacted. This will
also affect Tumalo and Terrebonne, which are not cities.
Ms. Smidt stated the two -tier system has been eliminated in order to address
signage issues for properties that have frontage on highways. They may
propose a two -tier system again to keep the situation from becoming too
complicated; and the City of La Pine may have other ideas on how to address
this situation.
She said that there was notice but not much participation at the Planning
Commission hearing.
Chair Baney opened the meeting for public testimony.
Kevin Wells of Carlson Sign Company said that he appeared before the City of
Redmond Council about a similar change. One restriction was putting a sign on
the wall, and many property owners and users found this difficult. He asked
that some time be given to bring the requirements up to speed and something
that will work well for everyone. In a similar way, he wants to address the
County Code which is cumbersome in this situation at this time. He will submit
his proposed changes in writing and will speak to staff about it as well.
Minutes of Board of Commissioners' Business Meeting Monday, September 28, 2009
Page 2 of 5 Pages
Mr. Wells said he likes the menu board addition. Ms. Smidt indicated that these
would be defined by size or structure, as some small businesses such as coffee
stands should not have the same type of signage as a larger business.
Mr. Wells stated that the section on wall signs should be deleted (section E). It
does not work in many cases, including for businesses in Tumalo. There should
be flexibility based on what direction the buildings face and other factors.
Commissioner Unger said that if there was no wording on this, some signs
might be inappropriately placed. If there is an exception process, there is
justification why. Mr. Wells said that there should be a way to limit size and
quantity but still allow a company a way to reasonable attract businesses.
Commissioner Luke stated that ODOT has a problem with movable, lighted
signs or reader boards. Ms. Smidt said that there are few that are permitted.
ODOT does not like the reader boards that scroll down or have flashing lights,
as it is too distracting to drivers.
Commissioner Baney asked if there is a grandfather clause for existing signage.
Ms. Smidt replied that there is not, but some are allowed through the permitting
process and those won't change.
Bill Robie testified on behalf of the Central Oregon Association of Realtors.
He is not testifying either for or against, but said that sign code is of importance
to the CAR member and he would like to get some feedback from the
commercial members.
Commissioner Luke noted that this change is to make it easier. He added that
once La Pine has reviewed it, theirs could be different.
Keith Cyrus of the Planning Commission commented that they could review the
proposed changes and make a recommendation to the Board. Commissioner
Baney suggested that these are relatively minor changes, and perhaps the
overall sign code could be reviewed at a later date.
The hearing was continued to the Monday, October 26 Board business meeting
to allow more opportunity for public input. It would be helpful if public
testimony would be submitted before three weeks to allow for a final proposed
draft.
Minutes of Board of Commissioners' Business Meeting Monday, September 28, 2009
Page 3 of 5 Pages
3. Before the Board were Additions to the Agenda.
Matt Cyrus said that it is his understanding that the Board may have revoked an
Order regarding review of Measure 49 cases. Chair Baney said the Board has
the discretion of hearing these but normally they would automatically go to a
higher level to avoid extra expense on the part of the applicant. She said that
there are few that they have been requested to hear.
Mr. Cyrus requested that the Board hear his case. He feels there is new
information that might clarify some issues.
Commissioner Unger said that some information may help the process at the
higher court. Chair Baney indicated that there are variations on how these
would be handled, and it was not unanimous on the part of the Board. Mr.
Cyrus asked if this is the deadline for an appeal in this case.
Mark Pilliod said that the deadline for an internal decision through the Board on
whether to call up an appeal for a hearing expires today. The timing of that
internally is correct. The timeframe to file an appeal with the Circuit Court is
thirty additional days.
The request from Mr. Cyrus and Trail Crossing Trust, who developed
Thornburgh, relates to Measure 49. He spoke with legal counsel for
Thornburgh, and said that they are following the steps that are required.
Chair Baney said she would like to discuss this at the afternoon work session.
Commissioner Luke said that this particular issue is contested and others are
not; and asked whether both parties would be involved. Mr. Pilliod said that
there would likely be advocates from both sides wanting to participate. The
Board ultimately decided to hear those cases that are on remand from the
Circuit Court, but this did not mean that the Board threw out the Order agreed
Commissioner Luke asked if Central Electric Cooperative is entitled to the
same timing and rights. Mr. Pilliod said there is an issue as to whether they are
entitled, but this will likely be decided by a higher court at some point.
Mr. Cyrus said that he is asking for a de novo review by the Board of
Commissioners.
Minutes of Board of Commissioners' Business Meeting Monday, September 28, 2009
Page 4 of 5 Pages
Commissioner Luke said that the County has been a party to ongoing litigation;
he asked if this has any affect on these issues. Mr. Pilliod replied the he
believes that CEC would try to show they can justify common law vesting
rights.
Commissioner Luke said that there has been a request regarding a sports
complex in the County and utilizing County -owned land for this.
Commissioner Baney stated that there are all kinds of barriers to this, but she
did agree to meet with their representatives personally later this week.
Being no further items addressed, the meeting adjourned at 11:20 a.m.
DATED this 28th Day of September 2009 for the Deschutes County
Board of Commissioners.
ATTEST:
(6)7(1
Recording Secretary
Tammy Ba
Dennis R. Luke, Vice Chair
Alan Unger, Commissioner
Minutes of Board of Commissioners' Business Meeting Monday, September 28, 2009
Page 5 of 5 Pages
--k BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest: , .. Q.,- Date: •..i 2 '
Name ? 0 c,'0 ' (2,,
Address 1-?S'
Phone #s
) 06
E-mail address
In Favor
Neutral/Undecided
Opposed
Submitting written documents as part of testimony? Yes No
If so, please give a copy to the Recording Secretary for the record.
ow°
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest:
Name
Address
064. Date:
.f.
Phone #s
E-mail address
In Favor
f-jr
Neutral/Undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
Opposed
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Deschutes County Code Chapter
15.08 To Make Technical Changes to the
Deschutes County Sign Regulations.
*
*
ORDINANCE NO. 2009 -023
WHEREAS, the Deschutes County Planning Division initiated a text amendment to Deschutes County
Code (DCC) Chapter 15.08, Sign Ordinance, to correct errors, update and clarify awkward text, and address
signage inconsistencies; and
WHEREAS, the Planning Commission held a public hearing on August 27, 2009, and forwarded to the
Board of County Commissioners ( "Board ") a recommendation of approval as proposed with a minor change ;
and
WHEREAS, the Board considered this matter after a public hearing on September 28, 2009 and
concluded that the public will benefit from changes to the County Sign Ordinance; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 15.08, Signs, is amended to read as described in Exhibit
"A," attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in strip.
///
PAGE 1 OF 2 - ORDINANCE NO. 2009-023 (09/28/09)
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B ", attached and incorporated by
reference herein.
Dated this
ATTEST:
of , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER
Date of ls` Reading: day of , 2009.
Date of 2nd Reading: day of , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly
Dennis R. Luke
Tammy (Baney) Melton
Effective date: day of , 2009.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2009-023 (09/28/09)
E
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, SEPTEMBER 28, 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 on Ordinance No. 2009 -023, a Text Amendment
regarding the Sign Ordinance — Cynthia Smidt, Community Development
3. 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.)
Friday, September 25
6:00 p.m. Redmond Chamber of Commerce "Redneck Ball"
Board of Commissioners' Business Meeting Agenda Monday, September 28, 200'
Page 1 of 5 Pages
Monday, September 28
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, September 29
8:00 a.m. Regular Meeting with Fair & Expo Director
9:00 a.m. Regular Meeting with Assessor
10:00 p.m. Regular Meeting with Commission on Children & Families
1:30 p.m. Regular Meeting with Sheriff
Wednesday, September 30
10:00 a.m. Board of Commissioners' Meeting
12:00 noon MountainStar Meeting — the Riverhouse, Bend
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, October 5
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, October 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, October 12
5:30 p.m. Upper Deschutes Watershed Council Meeting
Wednesday, October 14
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, October 15
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
Board of Commissioners' Business Meeting Agenda Monday, September 28, 2009
Page 2 of 5 Pages
Monday, October 19
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, October 21
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, October 22
5:30 p.m. Bend Park & Recreation District Office Open House — 799 SW Columbia Ave.
Monday, October 26
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, October 28
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday. November 2
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, November 4
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, November 9
10:00 a.m. Board of Commissioners' Meeting
12 noon Regular Meeting with Department Directors
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, September 28, 20( 9
Page 3 of 5 Pages
Wednesday, November 11
Most County Offices will be closed to observe Veterans' Day.
Thursday, November 10
7:00 a.m.
3:00 p.m.
Regular Meeting with the City of Redmond Council — Redmond City Hall
COACT Meeting, Redmond
November 15 through 20
Annual Association of Oregon Counties' Conference — Portland
Thursday, November 26
Most County Offices will be closed to observe Thanksgiving
Friday, November 27
Most County Offices will be closed to observe Thanksgiving (unpaid day off)
Monday, November 30
10:00 a.m.
1:30 p.m.
Board of Commissioners' Meeting
Administrative Work Session — could include executive session(s)
Wednesday, December 2
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m.
Administrative Work Session — could include executive session(s)
Thursday, December 3
10:00 a.m.
11:00 a.m.
12:00 noon
3:00 p.m.
4:00 p.m.
Regular Update with District Attorney
Regular Update with Community Development
Meeting of Full Audit Committee
Regular Meeting with Road Department
Regular Meeting with Solid Waste Department
Board of Commissioners' Business Meeting Agenda Monday, September 28, 201 )9
Page 4 of 5 Pages
Monday, December 7
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, December 9
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, December 10
11:00 a.m. Regular Update with Health and Human Services
Wednesday, December 16
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, December 17
10:00 a.m. Regular Update with Community Justice
Thursday, December 24
Most County Offices will be closed to observe Christmas (unpaid day of
Friday, December 25
Most County Offices will be closed to observe Christmas
Thursday, December 31
Most County Offices will be closed to observe New Years (unpaid day ofd
Friday, January 1
Most County Offices will be closed to observe New Years
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, September 28, 21109
Page 5 of 5 Pages