Deschutes commissioners affirm denial of ‘city of Mountain View’ incorporation petition, reject reconsideration plea
(Update: Petitioner Aasen says he did not write letter, is exploring appeal options)
Backers say they will appeal decision to state
BEND, Ore. (KTVZ) – On a pair of 3-0 votes Wednesday, Deschutes County commissioners formally denied a petition to incorporate a new, vast city of Mountain View southeast of Bend and turned down a request to reconsider that decision from supporters, some of whom say they will take the matter to the state Land Use Board of Appeals.
Commissioners held a public hearing a week ago on the petition from Millican Valley resident Andrew Aasen and made their initial decision to reject the petition seeking a vote of the 160 or so area residents, saying the petitioner had failed to provide adequate information to show the area would benefit from creating a city, could raise revenue to provide services and meet county and state land-use requirements.
Assistant Legal Counsel Stephanie Marshall provided some guidance to commissioners about the 13-page email request for reconsideration, only signed as “Mountain View,” telling them at that there’s no provision in county code to allow for such a reconsideration by the board.
Commissioner Tony DeBone said the document provided some good information for a “community conversation,” such as the detailed history of how La Pine voted to incorporate after years of debate and earlier attempts.
“This is a good fact set,” DeBone said of the letter (see below). “This is a good work product in itself. It can be used as a reference point for future discussion.” But he asked those involved to actually engage in a discussion with the county “and not just keep throwing asks and responses over the fence.”
Commissioner Phil Chang noted the letter also asked the board to initiate a special district process for a fire district, but Marshall said while he hadn’t looked into what would be involved, she suspects it would take a formal application, “rather than just a statement in a letter.”
Aasen told NewsChannel 21 on Thursday that he did not write and was not involved in the letter to the board, though he added that he agreed with many of the points in it.
As for the potential appeal, Aasen said in an email: "I am actively exploring all potential avenues for appeals and alternative options that may be available.
"It is important to note that I am uncertain whether initiating a LUBA (Land Use Board of Appeals) appeal is a necessary step in this process," Aasen wrote. "Given that this petition was driven by the community, it's possible that community members also possess rights and opportunities in line with this petition and abilities to appeal. Further clarification and legal guidance will be sought to ensure the most appropriate course of action is pursued."
