1997-01573-Minutes for Meeting October 16,1996 Recorded 1/16/19979'7-015'73
MINUTES
0156'1241
DESCHUTES COUNTY BOARD OF COMMISSIG" AM EQ= 00
Wednesday, October 16, 1996
E i l4
Chair Nancy Pope Schlangen called the Board of CountM Lq4r44bb finers
meeting to order at 10:00 a.m. County Commissioners present were
Nancy Pope Schlangen and Robert L. Nipper. Also in attendance were
Rick Isham, Assistant County Counsel; Lt. Greg Brown, Sheriff's
Department; Tom Blust, County Engineer; Andy Crosby, Assistant
County Counsel; James Lewis, Planner; Mike Maier, County
Administrator; Damian Syrnyk, Planner; and Sue Stoneman, Community
Relations Specialist.
CONVENE AS THE GOVERNING BODY OF THE 4-H/EXTENSION COUNTY
SERVICE DISTRICT
1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 4-
H/EXTENSION COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for the 4-H/Extension County Service District
in the amount of $350.25.
NIPPER: I move approval subject to review.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF THE 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 weekly accounts
payable vouchers for the 9-1-1 County Service District in the
amount of $2,507.78.
NIPPER:
SCHLANGEN:
VOTE:
MINUTES 1
Move approval subject to review.
Second the motion.
SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
OCTOBER 16, 1996
I LM t
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3.
4.
5.
10-156-1242
CONVENE AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY
SERVICE DISTRICT
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE REDMOND
LIBRARY COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for the Redmond Library County Service
District in the amount of $166.60.
NIPPER: Move approval.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY
SERVICE DISTRICT
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE BEND
LIBRARY COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for the Bend Library County Service District
in the amount of $2,235.09.
NIPPER: Move approval subject to review.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) signature of Agreement for Education between
Deschutes County Criminal Justice Facility and Oregon Health
Sciences University; 2) signature of Indemnity Agreement for
1996 Hare Scramble to be held on October 26 & 27, 1996; 3)
signature of Amendment to Contract with Senior & Disabled
Services Division for Title 19 rides; 4) signature of Grant
Contract for Wickiup Junction Sewer Regional Strategies
Project; 5) signature of Order No. 96-114, setting hearing on
Turner Petition to annex into Livestock District #3; 6)
signature of Mylar for Stonehedge West, Phase 2 in Redmond;
MINUTES 2 OCTOBER 16, 1996
6.
0156-1243
and 7) signature of Mylar for Murphy Industrial Tracts, Phase
I, in Redmond.
NIPPER: I'll move approval of consent agenda items.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
Before the Board was a public hearing on Appeal A-96-17, an
appeal of the Hearings Officer's Declaratory Ruling.
Damian Syrnyk reported this was appeal of the Hearings
Officer's declaratory ruling for Mountain View Winery. He
stated this appeal was narrow. The subject of the declaratory
ruling was a determination where a conditional use permit that
was approved as a home occupation had been initiated and was
still valid. The appeal deals with some of the conditions of
the original permit that had not been met. The address of the
subject property was 22899 Butler Market Road. The Hearings
Officer found that the condition regarding signing had not
been met. Damian reviewed the conditions in the Hearings
Officer's decision with the Board. He reported that all
conditions of the approval had to be met within six months
from the date the decision became final unless extend or this
approval became void. He also reported most of the conditions
of the approval had been met.
Bruce White stated that one of the things the Board could do
in a declaratory ruling was that they could construe the
permit conditions and interpret what they meant. He stated
that in this case there were a couple of conditions that would
warrant that kind of interpretation such as the access
corridor. The Board would need to determine what was meant by
the condition regarding the access corridor. The Board would
also need to decide if it was meant that there had to be 20
feet of width of improvement. Bruce stated the other
condition regarding the expiration of the permit after six
month was problematic. Bruce felt it was important that the
conditions be met but not necessarily within a six month time
limit.
Damian stated it was staff recommendation to give them a
certain amount of time to finish up the work on the easement,
if they needed it. Damian reported the applicant did comply
with all the requirements of the Bend Fire Department. He
felt the Hearings Officer may have misunderstood the
MINUTES 3 OCTOBER 16, 1996
7.
0156-1244
requirements of the Bend Fire Department regarding the
horizontal width of the fire corridor.
Bruce White asked if the gravel had been put down.
Damian stated the easement had been improved with gravel.
Bruce felt this was necessary for fire protection and dust
reduction for the neighbors who had complained about dust.
Chair Schlangen opened the public hearing.
Albert F. Debons, owner of the winery, stated he had applied
for a home occupation permit in 1985. He felt they had
complied with most of the regulations that had been outlined
for their home occupation. He stated 8 of the 10 demands had
been satisfied. He did not know a sign permit was required.
He stated Avion Water Co. had dug up the easement and there
were pipes sticking up out of the easement. He stated they
had put down gravel on the easement after Avion had lowered
their pipes. Mr. Debons reported the easement has now been
paved, and submitted photographs showing the same. The fire
department had signed off on this stating they had plenty of
clearance room. Mr. Debons stated he had done everything he
could to try not to bother the neighbors.
There being no further testimony, the public hearing was
closed.
NIPPER: I move that a decision declaring they have met
the conditions based on a decision by staff be
written.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: EXCUSED
Before the Board was award of a contract to R. Ty Reinhart for
construction of the sewer system for the Public Works
Department and the Humane Society.
Tom Blust reported this was to hook up the Public Works
Department to the City sewer. He recommended awarding the bid
to Ty Reinhart in the amount of $91,903.44, which was the low
bid. Tom reported this was not originally submitted for the
1996/97 budget but it will come out of contingency.
MINUTES 4 OCTOBER 16, 1996
RE
9.
NIPPER: I'll move approval of contract i
Reinhart Construction for sewer system for
Public Works and Humane Society.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
AWARD OF CONTRACT FOR ADMINISTRATION BUILDING NO. 2
Before the Board was award of contract for the Administration
Building No. 2 for the Community Development Department.
Rick Isham stated this was continued from last week. He
stated Eric's recommendation was to award the bid to Degree
Construction.
NIPPER: I'll move award of contract to Degree
Construction for the building of the
Administration building and waiving the bid
irregularity of numbers written in words.
SCHLANGEN: I will second that motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
�•' • • • �� _ 4� _ • • . 1 'sem s� _ � �
_Zta eMN DWI F,
Before the Board was adoption of Ordinance No. 96-072,
amending the Bend Area General Plan Map and Ordinance No. 96-
073, amending the Map of Title 19, the Bend Area Zoning
Ordinance.
Damian recommended adoption of the two proposed ordinances.
NIPPER: I'm going to move first and second reading of
Ordinance No. 96-072, amending the Bend Area
General Plan Map, by title only.
SCHLANGEN: I'll second that.
VOTE:
SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
MINUTES 5 OCTOBER 16, 1996
10.
0156-1246
Chair Schlangen performed the first and second reading of
Ordinance No. 96-072, by title only.
NIPPER: I'll move adoption of Ordinance No. 96-072.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
NIPPER: I'll move first and second reading of
Ordinance No. 96-073, amending the map of
Title 19, by title only.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-073, by title only.
NIPPER: I'll move adoption of Ordinance No. 96-073.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
. .. ... . . . . . ... .
Before the Board was a decision of whether to hear Appeal A-
96-18, an appeal of the Hearings Officer's approval of CU -96-
45 for Deschutes Junction.
Damian stated the Hearings Officer's decision was sound.
Staff recommended that Board decline review of the this
appeal.
NIPPER:
SCHLANGEN:
VOTE:
MINUTES 6
I'll move decline of review by signature of
Order No. 96-115.
I will second that motion.
SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
OCTOBER 16, 1996
11. ADOPTION OF ORDINANCE NO, 96-070, AMENDING TEXT OF SUNRIVE
MASTER
- IN ORDER N, COMMUNITY
IN RM -12 WITHIN THE
IVER PLANNED
Before the Board was adoption of Ordinance No. 96-070,
amending text of Sunriver Master Plan in order to more clearly
define the uses permitted in RM -12 within the Sunriver Planned
Community.
James reported staff recommended adoption of the ordinance.
NIPPER: I move first and second reading of Ordinance
No. 96-070, amending text of Sunriver Master
Plan in order to more clearly define the uses
permitted in the RM -12 within the Sunriver
Planned Community, by title only.
SCHLANGEN: I'll second that motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-070, by title only.
NIPPER: I'll move adoption of Ordinance No. 96-070.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
Before the Board was a decision to reject all bids on the
clean up of the Carroll property.
Sue Brewster reported all bids were rejected because the bid
was $10,000, which did not deal with the storage of the
vehicles. Sue stated there was a possibility of Community
Corrections having someone do this project. She reported they
were looking for a more cost effective way to do this job.
NIPPER: I move rejection of all bids on the clean up
of Carroll property.
SCHLANGEN:
I'll second the motion.
MINUTES 7 OCTOBER 16, 1996
VOTE: SCHLANGEN: YES 0156—V48
SLAUGHTER: EXCUSED
NIPPER: YES
E 197 M90 -
Before the Board was adoption of Ordinance No. 96-074,
amending Chapter 12.48, Local Improvements, of the Deschutes
County Code.
Tom Blust reviewed the ordinance with the board.
NIPPER: I'll move first and second reading of
Ordinance No. 96-074, amending Chapter 12.48,
Local Improvements, of the Deschutes County
Code, by title only.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-074, by title only.
NIPPER: I'll move adoption of Ordinance No. 96-074.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
q.W.N;JM DW011M ^I DOM
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $447,568.22.
NIPPER:
SCHLANGEN:
VOTE:
I move approval subject to review.
Second.
SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
MINUTES 8 OCTOBER 16, 1996
0156-1249
15. SIGNATURE OF RESOLUT
Before the Board was signature of Resolution No. 96-135,
rescinding Resolution No. 96-105, to withdraw the
consideration of siting a minimum security facility in
Deschutes County.
NIPPER: I move signature of Resolution No. 96-135,
rescinding Resolution No. 96-105.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
16. SIGNATURE OF CONTRACT WITH STATE DEPARTMENT OF TRANSPORTATION
FOR BEND DIAL -A -RIDE VAN
Before the Board was signature of a contract with the State
Department of Transportation for Bend Dial -a -Ride van.
NIPPER: I'll move signature of contract with State
Department of Transportation for Bend Dial -a -
Ride van.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
DATED this 16th day of October, 1996, by the Deschutes County
Board of Commissioners.
ATT
),',
Recording Secreta
ancy Pope `�chjangeri, Chair
Barry H. Slaughter, Commissioner
Ro riprt. Nipper, Co i sioner
MINUTES 9 OCTOBER 16, 1996
