1996-33240-Minutes for Meeting July 24,1996 Recorded 9/6/19960155-1'733
9C-33240
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, July 24, 1996
Fire Department, Redmond, Oregon
Chair Nancy Pope Schlangen called the Board of County Commissioners
meeting to order at 10:03 a.m. County Commissioners present were
Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper.
Also in attendance were Rick Isham, County Counsel; Mike Maier,
County Administration; Al Driver, Solid Waste Director; Larry Rice,
Public Works Director; Sue Stoneman, Community Relations Specialist
III; Andy Crosby, Assistant County Counsel; Bruce White, Assistant
County Counsel; Kevin Harrison, Planner; Brian Harrington, Planner;
and Bruce Abernethy, Commission on Children & Families.
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of weekly accounts
payable vouchers for 4-H/Extension County Service District in
the amount of $415.78.
SLAUGHTER: I move approval upon review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY
SERVICE DISTRICT
2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 9-1-1
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for the 9-1-1 County Service District in the
amount of $1,941.66.
NIPPER:
SLAUGHTER:
VOTE:
MINUTES 1
I'll move approval subject to review.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
JULY 24, 19 9 6p N;- ED
C, T
Sip1® 96
r.
Chair Nancy Pope Schlangen called the Board of County Commissioners
meeting to order at 10:03 a.m. County Commissioners present were
Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper.
Also in attendance were Rick Isham, County Counsel; Mike Maier,
County Administration; Al Driver, Solid Waste Director; Larry Rice,
Public Works Director; Sue Stoneman, Community Relations Specialist
III; Andy Crosby, Assistant County Counsel; Bruce White, Assistant
County Counsel; Kevin Harrison, Planner; Brian Harrington, Planner;
and Bruce Abernethy, Commission on Children & Families.
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of weekly accounts
payable vouchers for 4-H/Extension County Service District in
the amount of $415.78.
SLAUGHTER: I move approval upon review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY
SERVICE DISTRICT
2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 9-1-1
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for the 9-1-1 County Service District in the
amount of $1,941.66.
NIPPER:
SLAUGHTER:
VOTE:
MINUTES 1
I'll move approval subject to review.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
JULY 24, 19 9 6p N;- ED
C, T
Sip1® 96
3.
M
0155-1'734
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
SIGNATURE OF RESOLUTION NO. 96-106, AUTHORIZING ACQUISITION OF
REAL PROPERTY FOR THE BEND LIBRARY COUNTY SERVICE DISTRICT
Before the Board was signature of Resolution No. 96-106,
authorizing acquisition of real property for the Bend Library
County Service District.
NIPPER: I'll move signature of Resolution No. 96-106.
SLAUGHTER: I'll gladly second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS
CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: (1) award of monitoring contract to David Evans &
Associates; (2) signature of license for Slater Communications
& Electronics, Inc. for use of county owned land; (3)
signature of Addendum to Lease for High Desert BMX Bicycle
Park Inc.; (4) signature of Subgrant Agreement between
Commission on Children & Families and Bend/La Pine School
District; (5) signature of Subgrant Agreement between
Commission on Children & Families and The Boys & Girls Club of
Bend; (6) signature of two Subgrant Agreements between
Commission on Children & Families and Redmond School District;
(7) signature of County Vehicle Policy; (8) appointments to
the Sunriver Library County Service District Budget Committee;
(9) signature of mylar for Brookswood Estates; and (10)
signature of Liquor License renewals for Widgi Creek Golf
Club, Riverwoods Country Store, Baja Norte and Bend
Rampground.
SLAUGHTER:
NIPPER:
VOTE:
I will move approval of consent agenda except
for 4, 5, 6, & 9, which will be approved
subject to review.
YES
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES 2 JULY 24, 1996
5.
0155-1735
... • L • '- • X141 , � _z • • _� :_� 1 �I • • - • �
Before the Board was approval of recommendation for rate
adjustments to collection fees.
Al Driver reported that based on the review by the Solid Waste
Advisory Committee, they were recommending an increase of 34%
in La Pine, 9% in Redmond, and an increase for Bend Garbage
and Brownrigg of 11%.
Andy Crosby presented copies of information regarding the cost
per can.
Al Driver stated the Redmond rates would be the same as the
City of Redmond rates. The other increases for High Country
would be the rural rate which would be the same as Bend
Garbage and Brownrigg.
Andy stated there was a possibility of drafting an ordinance
with a sunset clause to have the rates expires on June 30,
1997. On April 16, 1997, the Board would start a rate review
process with new and/or the same rates in place on July 1,
1997.
Al recommended the 11% rate increase.
Andy Crosby stated there was a concern expressed regarding the
sunset clause.
Terry O'Sullivan stated the order as drafted did not give the
Board the leeway to continue the rates set today. He
recommended adding a sentence stating the Board could continue
with the rate set today upon the recommendation of the Solid
Waste Administrator.
Martin Hansen stated the Board could adopt the rate until such
time the Commissioners decide they are ready to do a rate
review. He felt the Board should not lock themselves into
something they could not change.
Andy Crosby felt there were a number of ways to do this. He
drafted the order to address the issue that we would address
this at some point in the future.
Commissioner
old rate.
today.
NIPPER:
MINUTES 3
Slaughter felt the rate should not go back to the
The rate should continue at the same rate set
I'll move signature of Order No. 96-080,
subject to review.
JULY 24, 1996
6.
7.
0155-1736
SLAUGHTER: I will gladly second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
AWARD OF FINANCIAL CONSULTANT CONTRACT TO GBB SOLID WASTE
MANAGEMENT GROUP
Before the Board was award of a financial consultant contract
to GBB Solid Waste Management Group.
Al Driver recommended GBB based on the selection teams
recommendation. He stated there were three firms interviewed.
He felt they had done an excellent job in responding to the
Solid Waste requested. Al reported the contract amount was
approximately $53,000. They have contacted references and
received very highly rated comments.
Commissioner Schlangen stated she was impressed with the
information and the proposal they provided.
SLAUGHTER: I would move awarding financial consulting
contract to GBB Solid Waste Financial
Management Group.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
APPROVAL OF REQUEST FOR WAIVER OF FEES FOR THE CLEARING OF
REDMOND BASEBALL FIELDS
Before the Board was a request for waiver of fees for the
clearing of Redmond baseball fields.
Al Driver addressed an issue of a request from the Redmond
community for a waiver of fees for disposal. They were
building baseball fields and need to clear them, and they were
requesting a waiver of fees for disposing of this debris.
This would amount of about $2,000.
NIPPER:
SLAUGHTER:
VOTE:
MINUTES 4
I will move waiver of fees for Bar -7-A for the
clearing of the Redmond ball fields.
I'll second that.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
JULY 24, 1996
M
4
0155-1737
COUNTYRIM-6
FACILITY IN DESCHUTES
Before the Board was signature of Resolution No. 96-105,
requesting the State of Oregon Department of Corrections site
a minimum security prison facility in Deschutes County.
Joe Hannon stated the City of Redmond voted unanimously to
move forward in a very systematic manner of exploring the
possibility of a work camp. He reported part of the process
was written material from the Governor's office. He felt it
was likely that some of the sites that were going to be
considered would be in the county. He requested the Board to
pass the resolution of interest.
SLAUGHTER: I would move signature of Resolution of
Interest, requesting State of Oregon
Department of Corrections to site a minimum
security prison facility in Deschutes County.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Before for the Board was approval of transfer of funds from
Support our Seniors to COCOA.
Bruce Abernethy reported how the funds would be used. Elaine
Young and Bob Ray from COCOA were present to answer questions
regarding this transfer.
Mike Maier felt the funds were never transferred from Lottery
Funds to Commission on Children & Families.
SLAUGHTER:
NIPPER:
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YE6
10. ADOPTION OF
ORDINANCE NO 96-040,
AMENDING THE
BEND AREA
GENERAL PLAN
TO RECONFIGURE THE
INNER URBAN GROWTH
BOUNDARY,
ORDINANCE NO
96-041, AMENDING ORDINANCE
NO 80-216,
THE BEND
AREA GENERAL
PLAN, ORDINANCE NO.
96-042, AMENDING
TEXT OF
MINUTES 5 JULY 24, 1996
0155-1708
TITLE 19,
THE BEND
URBAN
AREA
ZONING
ORDINANCE TO ADD A
NEW
PUBLIC FACILITIES
ZONE, ORDINANCE
NO 96-059, AMENDING MAP
OF
TITLE 19,
BEND
URBAN
AREA ZONING
ORDINANCE TO ZONE CERTAIN
PROPERTY
AS PUBLIC
FACILITY
ZONE,
ORDINANCE NO. 96-060,
AMENDING THE MAP
OF DESCHUTES
COUNTY
YEAR 2000 PLAN MAP
TO
REPEAL THE
PLAN DESIGNATION
OF
CERTAIN REAL PROPERTY,
AND
ORDINANCE
NO 96-061,
AMENDING
MAP
OF DESCHUTES COUNTY ZONING
ORDINANCE
TO REPEAL
ZONING
DESIGNATION
OF CERTAIN
REAL
PROPERTY
Bruce White reviewed the ordinances with the Board.
NIPPER: I'll move first and second reading of
Ordinance No. 96-040, Amending the Bend Area
General Plan to reconfigure the Inner Urban
Growth Boundary, by title only.
SLAUGHTER: I will second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-040, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-040.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Bruce White stated 96-041, encourages the establishment of a
public facility zone. This limits the uses in the public
facility zone, which includes schools, ODOT, humane society,
but it does not include fire stations, health departments.
Bruce stated the public facility zone itself was broader than
that in other locations, but on this specific site we were
applying for certain uses.
Commissioner Schlangen asked what the City's time line was
regarding these ordinances. Bruce White stated the City was
ready to go forth with a counter part to 96-040 and 96-041,
but not 96-042 because they don't feel they have the need for
that. Bruce stated the City had no objection to our amending
it as long as it is outside the city limits.
NIPPER: I move first and second reading of Ordinance
No. 96-041, by title only.
MINUTES 6 JULY 24, 1996
0155-1739
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-041, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-041.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
NIPPER: I move first and second reading of Ordinance
No. 96-042, amending text of Title 19, the
Bend Urban Area Zoning Ordinance to add the
new public facilities zone, by title only.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-042, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-042.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
NIPPER: I'll move first and second reading of
Ordinance No. 96-059, by title only.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-059, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-059.
MINUTES 7 JULY 24, 1996
0155-1740
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
NIPPER: I'll move first and second reading of
Ordinance No. 96-060, amending the map of
Deschutes county Year 2000 Plan Map to Repeal
the Plan Designation of Certain Real Property,
by title only.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-060, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-060.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
NIPPER: I'll move first and second reading of
Ordinance No. 96-061, amending the map of
Deschutes County Zoning Ordinance to repeal
zoning designation of certain real property,
by title only.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-061, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-061.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES 8 JULY 24, 1996
11.
0155-1'741
• .:0-DERWA arm..
Before the Board was the decision of whether to hear an appeal
of Zone Change, Plan Amendment, and Plan Map amendment
requested by PMR Development.
Brian Harrington stated the issue before the board was a plan
amendment and zone change for property zoned UAR-10 to change
it to RS (urban standard residential) and RH (urban high
density residential). On June 19th the Board met to review
whether or not to hear this appeal. It was agreed at that
time that staff would come back to the Board in three weeks to
formalize the decision with the appropriate documents. He
stated in the interim there were two letters received that
raise procedural issues.
Commissioner Schlangen reiterated that the comprehensive plan
map was not appealed but the zone change was appealed and that
was what the Board was deciding whether to hear.
Brian Harrington stated that was correct. The issue raised by
the letters needed to be discussed.
Bruce White stated the first issue was whether the Board had
to have a hearing to adopt the plan amendment. There were two
letters of opposition received. Bruce stated that ordinarily
the Board would have considered such letters to have been
outside the scope of the record and would not have addressed
them because they were not raised during the hearing process.
There also was a letter from Liz Fancher explaining what the
applicants position was regarding this issue. Bruce stated
the staff recommendation was to stick with the process as set
out in Title 22.
Bruce White reported that Mr. Petrie and Mr. Paine raised two
arguments. The first issue was that the joint management
agreement, paragraph 7, requires a joint city/county meeting
to adopt this kind of change. Bruce felt the Urban Management
Agreement was not the best drafted document. Bruce statedt
paragraph 7 deals with legislative type changes that either
the city or the county could choose to initiate. It describes
a process when one of them decides to initiate a measure, the
two of them reach some kind of consensus before it goes to the
hearing process. He stated this was not that kind of case.
This was a quasi-judicial amendment and does not fall in that
provision. It was clear that the joint county hearing process
that the opponents argued for was not applicable here. Bruce
felt this situation falls more within subsection paragraph 2
which recognizes county authority outside the city limits to
deal with land use decisions. It specifically references
applications. This was a land use for which an application
MINUTES 9 JULY 24, 1996
12.
13.
III
t55-1
r1 742
had been filed, and the city's role was to comment on this but
they would not have a role in adopting an ordinance because it
was in the county's jurisdiction.
The next issue raised was dealing with the comprehensive plan
document. There was one paragraph regarding the hearing being
held by the governing body, which was the Board of County
Commissioners in this case. There was other language which
conflicted with that in the adoptive ordinance which talks
about the quasi-judicial amendments being governed by the
County's procedures ordinance. Bruce stated that it had
always been interpreted that the procedures ordinance should
always govern. The procedures ordinance had been amended to
say that these issues do not have to have a hearing unless
they are appealed.
Bruce White recommended there be supplemental findings
prepared for Board signatures.
The Board would like the supplemental findings to be drafted
and along with two ordinances prepared which would be adopted
on July 29, 1996.
SIGNATURE OF RESOLUTION NO. 96-024, DECLARING TERMINATION OF
CORPORATE EXISTENCE OF 7TH MOUNTAIN COUNTY SERVICE DISTRICT
Before the Board was signature of Resolution No. 96-024,
declaring termination of corporate existence of the 7th
Mountain County Service District.
SLAUGHTER: I will move signature of Resolution No. 96-
024.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $399,211.55.
SLAUGHTER:
NIPPER:
VOTE:
I move approval upon review.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES 10 JULY 24, 1996
14.
RIMROCR CAFE
Before the Board was signature of Liquor License renewals for
A & B Market and Flavors Rimrock Cafe.
NIPPER: I move signature on liquor license renewals
for A & B Market and Flavors Rimrock Cafe.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DATED this 24th day of Ju y, 1996, by the Deschutes County
Board of Commissioners.
fancy Po e' SIIangen, Chair
Barry HI Slaughter, Commissioner
A ST:
Recording Secreftary Ro rt L. Nipper,-4bbifimissioner
MINUTES 11 JULY 24, 1996