Loading...
HomeMy WebLinkAbout2008-12-22 Work Session Minutes Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 22, 2008 ___________________________ Present were Commissioners Dennis R. Luke and Tammy Baney; Commissioner Michael M. Daly was out of the office. Also present were Commissioner-elect Alan Unger; Dave Kanner, County Administrator; Laurie Craghead, Legal Counsel; Tom Anderson, Community Development; media representatives Hillary Borrud of The Bulletin and a reporter from KOHD TV; and three other citizens. Chair Luke opened the meeting at 9:05 a.m. 1. Work Session regarding Lower Bridge Mining Site Land use Hearings and Decision (Rezone of Site). Laurie Craghead reminded the attendees that the meeting is being recorded. Commissioner Luke asked if Commissioner-elect Alan Unger is allowed to participate in this discussion. Ms. Craghead said that it would be ex parte contact and would have to be disclosed at the next public hearing on this issue, to allow others to testify in that regard. (Note: Mr. Unger made no comments during the meeting.) Ms. Craghead stated that the discussion is in regard to compliance to the TPR (Transportation Planning Rule) and what is reasonable; the applicant’s report or the ODOT approach, which measures what is happening at this time; or if there is something in between. It could be done on a per-acre basis. Commissioner Luke stated he sits on a group that meets with ODOT on a regular basis, and has been very involved in the traffic fix in north County. ODOT has told him that the neither the State or County have any projects in the STIP at Lower Bridge that can get major funding to fix any new traffic issues. He stated that the impact on this intersection would depend on the travel habits of the residents, including the time of day they travel; and that ODOT is making improvements this summer; but this information was not available to the Hearings Officer. Minutes of Board of Commissioners’ Work Session Monday, December 22, 2008 Page 1 of 7 Pages Minutes of Board of Commissioners’ Work Session Monday, December 22, 2008 Page 2 of 7 Pages The County has a Highway 126 long-range plan for its property in Redmond, but ODOT does not have the funds to make improvements that they say will have to be made if the County adds one more trip onto Highway 97. Moreover, the County has no control over what Jefferson County residents, who are heavy users of this intersection, do on these roads. Commissioner Baney asked what would fix the problem. Commissioner Luke said it would take an overpass at some time in the future. It is a complicated issue, with studies having to be done, including the impacts on other areas. Commissioner Baney asked if a condition could be required in this regard. Commissioner Luke stated that they are getting money for the SDC (System Development Charges). Ms. Craghead said that it is not in the capital improvement program at this time, and it is another public process to get it on that plan. Commissioner Luke stated that doing the split zoning as presented has the 130 acres that is already reclaimed and will never be a mine. Ms. Craghead said you have to look at the whole property in this case. There has to be evidence that the applicant’s plan is feasible that traffic will be addressed. Commissioner Baney stated that the Board is being asked to decide something based on an application that is not yet before them. It is hard to know what has to be mitigated. Ms. Craghead said that there has to be likelihood that they can mitigate the traffic issues; the applicant feels this would be addressed at the time of application. Commissioner Luke stated that the ODOT plan will improve safety and access. The Hearings Office probably did not consider this. Commissioner Baney feels that this will be resolved at the point of application of the tentative plan. Ms. Craghead said that the other issue is reclamation of the 18 acres. The original approval called for adding topsoil. They could not rezone the 18 acres or file an amendment. A split rezone is possible, but all of the conditions need to be met. They could file for a rezone of the 18 acres at a later date. Commissioner Luke said the Board is concerned about the lack of information available on the larger parcels. He asked if there is still value in the material there. Ms. Craghead does not believe that diatomaceous earth needs to be protected the same as gravel material. Aggregate is the only Goal 5 resource that the Board needs to consider. She heard that there was an offer to buy the property for $9 million to continue mining, but the buyer declined after learning that there would be residential development in the area. Commissioner Luke observed that anyone could make an offer; that unless there is money in escrow for a purchase, it does not matter. Minutes of Board of Commissioners’ Work Session Monday, December 22, 2008 Page 3 of 7 Pages Commissioner Baney asked about the dust issue. Ms. Craghead said that the public safety and welfare needs to be considered, but a portion of the Code has not been used in this type of situation. It only comes into play if it is a Goal 5 resource. Commissioner Luke said that the split zone appeals to him, as there would be a notice of no further action required on the 130 acres but the rest of it would have to be studied and eventually reclaimed. They could have come in with an application just for the 130 acres. Ms. Craghead stated that a condition would have to be made for the rest of it to be studied. Commissioner Baney asked if they could just put in the infrastructure and other improvements now, but not allow building permits until the balance of the land is addressed. Ms. Craghead said Community Development is not sure how this can be accomplished. Commissioner Luke observed that the type of development will take another action. His main issues are the dust and what might be on the larger site. Commissioner Baney said that it sounds like he would like research done. He stated that it is unlikely that they would build homes next to a site that has unknown problems. Ms. Craghead said they could be required to have an NFA (No Further Action) and TSP (Transportation System Plan) on both. Commissioner Luke stated that they have not yet found any problems with the dust that is different from other dust. They can disturb the ground. Perhaps not sign the plat for the 130 until a study is done on the other. Ms. Craghead said that it could be a Dolan issue, and they could sell the other site. He wants to know what environmental issues are on the larger piece. The new owner would not be obligated to do the testing. However, if the testing is not done by the current owners, they will not be able to finish development of the 130 acres. Most buyers would not purchase the larger piece without knowing what is on it. Commissioner Baney stated that she would like the 18 acres not to be included in this regard. She said that the applicant needs to complete their current plan or modify in relation to this acreage. She added that it is important to state that she is concerned about the condition of the property, and whether it is safe. Minutes of Board of Commissioners’ Work Session Monday, December 22, 2008 Page 4 of 7 Pages Ms. Craghead said they might balk at this, as they need to get houses built to get funding to deal with the other site. Commissioner Baney stated that she does not see how they can if they have not addressed the larger site first. Commissioner Luke added that they should have tested the property better before purchasing it themselves. There are too many concerns about health and safety from residents. He is not asking them to clean it up, just to find out what is there. Ms. Craghead asked how the 30 acres below the rim should be handled. Code requires that there would have to be a ten-foot conservation easement, plus setbacks. It is unlikely that it can be built upon. Commissioner Luke stated that the Wild and Scenic rules do not allow a house to be viewed from the river. Commissioner Luke asked Mr. Kanner what he thinks about this issue. He is less concerned about the property reverting to the County, as there may be funds available to clean it up if necessary. Ms. Craghead asked if the County wants to impose conditions that any problems are cleaned up. Commissioner Luke stated that they will not be able to sell lots if there are severe problems on the adjacent property. Commissioner Luke asked that Tom Blust or someone else from the Road Department come to the hearing on December 29 to provide input on the Lower Bridge traffic situation. 2. Discussion of Central Oregon Veterans Outreach Request for Grant Funds. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. 3. Discussion of Economic Opportunity Analysis Proposal. Tom Anderson explained that this is a regional grant for the three local counties. This would focus on large lot industrial needs in the area. The grant needs to be sent in no later than the end of the calendar year, and funds will have to be spent this fiscal year. Each community can proceed with their own plans. Minutes of Board of Commissioners’ Work Session Monday, December 22, 2008 Page 5 of 7 Pages Commissioner Baney pointed out that the County already has large lot industrial that is ready, and she would like the State to be aware of this. Mr. Anderson said that the process for developing large lot development is very specialized, and it could be considered a conflict of interest if staff got involved in that process. BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. 4. Consideration of Approval of Minutes of Meetings. Business Meetings: September 24 and December 15 Work Sessions: June 11, 18, 25; July 28; December 15 and 17 BANEY: Move approval. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. 5. Other Items. Consideration of Approval of Accounts Payable Vouchers for Deschutes County for Two Weeks, in the Amounts of $774,042.07 and $440,524.65. BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT. Consideration of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District for Two Weeks in the Amounts of $2,143.18 and $1,060.51. Minutes of Board of Commissioners’ Work Session Monday, December 22, 2008 Page 6 of 7 Pages BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 4-H/EXTENSION COUNTY SERVICE DISTRICT. Consideration of Approval of Accounts Payable Vouchers for the 4-H County Service District for Two Weeks, in the Amounts of $2,029.95 and $3,611.54. BANEY: Move approval, subject to review. LUKE: Second. VOTE: BANEY: Yes. LUKE: Chair votes yes. ___________________________________ Concerning the Sunriver Sewer District project, Mr. Kanner discussed converting a portion of OECD loan into a grant. They can get a very low interest loan at 1.18% through the DEQ. Commissioner Baney asked why the County would not use existing funds. Mr. Anderson said that if the whole $100,000+ was spent for the gap, the $62,000 and the $40,000, in addition there will be money spent for PRC’s from private property owners. At that point, almost no money would be left over for property owners who might need to upgrade. The loan would make more of the $40,000 available to them. No money is coming in at this time due to the housing slowdown. The Financial Advisory Committee has lingering concerns about the funds available. There is strong support to move forward with the study, which would allow much more accurate numbers of what sewering might cost. Commissioner Baney was concerned about allowing funding towards this study, as other areas may want the same consideration. Commissioner Luke said that this is an existing sewer system that is willing to take this on, and this is the best-case scenario and will answer a lot of questions. Residents may be surprised at what it costs just to hook into a sewer system, much less what it would cost to establish a whole new system. This could help people decide which direction they wish to proceed.