1997-17001-Minutes for Meeting March 12,1997 Recorded 5/19/19979'7-1'7001
MINUTES 0161—x22593
DESCHUTES COUNTY BOARD OF COMMISSIONERS �� �,' ,'1 � "��
Wednesday,March 12 1997 fj" '423
Chair Nancy Pope Schlangen called the Board of County Comxrrisnne
meeting to order at 10:09 A.M. County Commissioners present were
Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen.
Also in attendance were Mike Maier, County Administrator; Rick
Isham, County Counsel; Brad Chalfant, Property Manager; Bruce
White, Assistant County Counsel; Heidi Kennedy, Planner; Greg
Brown, Sheriff; Sue Stoneman, Community Relations Specialist;
Beverly Wilson, Legal Secretary; Kevin Harrison, Planner; George
Read, Community Development Director; Deirdre Malarkey, Regional
Problem Solver; Dennis Maloney, Community Justice Director; Paul
Blikstad, Planner; Ron Meckler, 9-1-1 Director; Sue Brewster,
Assistant County Counsel; and Damian Syrnyk, Planner.
Greg Brown , Sheriff, reported the Sheriff's Levy had failed
and the funding for the Sheriff's Department would expire June
30, 1997. He requested a public hearing to be held on Monday,
March 17, 1997, at the 10 a.m. Board of Commissioners meeting
to review the proposed plan and to accept public testimony.
CONVENE AS THE GOVERNING BODY OF 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 $645.69.
NIPPER: Move approval subject to review.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
CONVENE AS THE GOVERNING BODY OF 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 $1,887.44.
SWEARINGEN: Move approval subject to review.
KEYPUNCE ED
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5.
0161-2594
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
CONVENE AS THE GOVERNING BODY OF 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 $805.70.
SWEARINGEN: Move approval subject to review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY
SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for the Sunriver Library County Service
District in the amount of $2,770.68.
SWEARINGEN: Move approval subject to review.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) approval of request for out-of-state travel for Gary
Giersdorf; 2) approval of request for out -of state travel to
attend conference on Landfill Cap Design; 3) signature of
Order No. 97-033, vacating a portion of Johnson Market Road;
4) signature of acceptance of two right -of way Dedications on
MINUTES 2 MARCH 12, 1997
6.
0161--2�9
Johnson Market Road; 5) award of crushed rock Contract to low
bidder Harney Rock and Paving; 6) approval of out-of-state
travel for Dennis Perkins to Attend National Building Code
Convention; 7) signature of Order No. 97-041, assigning the
Road Name of Sagebrush Lane; 8) appointment of Larry Huettle
and reappointment of Martin Hansen and Ward Tonsfeldt to the
Deschutes County Historic Landmarks Commission; and 9)
appointment of Alan Albertini to the Regional Workforce
Quality Committee.
NIPPER: I'll move approval of consent agenda items.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
PUBLIC HEARING ON SIGNATURE OF ORDER NO 97-029, EXCHANGE OF
INTEREST IN REAL PROPERTY TO THE AMERICAN LEGION IN THE CITY
OF REDMOND
Before the Board was a public hearing on signature of Order
No. 97-029, exchange of interest in real property to the
American Legion in the City of Redmond.
Brad Chalfant reported this was a proposal to exchange
reversionary interests. The City was intending to sell Ray
Johnson Park and relocate the park in a new location. He felt
this should a relatively simple transaction.
Chair Schlangen opened the public hearing.
Joe Hannon, City Manager for Redmond, testified in support of
this exchange. The location of the new park has not been
chosen yet but they were looking for property located away
from Highway 97 and the railway.
There being no further testimony, the public hearing was
closed.
SWEARINGEN:
NIPPER:
VOTE:
Move signature of Order No. 97-029.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 3 MARCH 12, 1997
0161-296
7. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO 97-016, AMENDING
SECTION 17 24 120 OF THE DESCHUTES COUNTY CODE, TO EXEMPT
DESTINATION RESORTS FROM THE REQUIREMENT THAT PROHIBITS
ISSUING BUILDING PERMITS UNTIL THE REQUIRED IMPROVEMENTS ARE
COMPLETED
Before the Board was a public hearing on adoption of Ordinance
No. 97-016, amending Section 17.24.120 of the Deschutes County
Code, to exempt destination resorts from the requirement that
prohibits issuing building permits until the required
improvements are completed.
Heidi Kennedy reported this was a text amendment request
changing the Deschutes County Code which prohibits the
issuance of building permits until the required improvements
are completed. She stated destination resorts are very
different from an ordinary subdivision.
Chair Schlangen opened the public hearing.
Bob Lovlien, on behalf of Eagle Crest, testified in support of
this ordinance.
There being no further testimony, the public hearing was
closed.
NIPPER: I'll move first and second reading of
Ordinance No. 97-016, an ordinance amending
Section 17.24.120, of the Deschutes County
Code, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 97-016, by title only.
NIPPER:
SWEARINGEN:
I'll move adoption of Ordinance No. 97-016.
Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 4 MARCH 12, 1997
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0161-2591
PUBLIC HEARING ON SIGNATURE OF ORDER NO 97-026, A FINAL ORDER
ANNEXING TERRITORY INTO RURAL FIRE PROTECTION DISTRICT #2
Before the Board was a public hearing on signature of Order
No. 97-026, a final order annexing territory into Rural Fire
Protection District #2.
Beverly Wilson stated this was to be the final hearing on
annexation of Widgi Creek into Rural Fire Protection District
#2.
Chair Schlangen opened the public hearing.
Bill Story, attorney representing Rural Fire Protection
District #2, stated the district had a Board meeting the
previous night. The Board voted to authorized him to request
the continuation of this hearing until July, 1997, in order to
allow time to see what the Legislature would do to clarify
Measure 47. He stated this annexation process began and was
approved by the Fire District Board before Measure 47 was
approved. He stated the District has a separate agreement
with Widgi Creek to provide protection until this issue of
annexation can be resolved.
NIPPER: The order approving the annexation has been
temporarily withdrawn, therefore I move we
continue this hearing to July 9, 1997, at 10
a.m.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen continued the public hearing to July 9, 1997.
PUBLIC HEARING ON SIGNATURE OF ORDER NO 97-027, A FINAL ORDER
ANNEXING TERRITORYIN TO RURAL FIRE PROTECTION DISTRICT #1
Before the Board was a public hearing on signature of Order
No. 97-027, a final order annexing territory into Rural Fire
Protection District #1.
Chair Schlangen opened the public hearing.
Scott Majors, Fire Chief, stated this annexation was started
in September, 1996. He reported the district was currently
providing protection for this area. He requested the Board
postpone this issue until they could discuss this with their
legal counsel and the petitioners.
MINUTES 5 MARCH 12, 1997
10.
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01.61-2598
Robert Lansarotta, homeowner/Board member of Lower Bridge
Estates, expressed concern regarding Measure 47. He did not
realize that Measure 47 would effect the annexation of
property into fire protection districts.
Chair Schlangen continued the public hearing to March 19,
1997, at 10 a.m.
SIGNATURE OF RESOLUTION NO, 97-029, DECLARING THE INTENT TO
TRANSFER REAL PROPERTY TO THE SISTERS SCHOOL DISTRICT
Before the Board was signature of Resolution No. 97-029,
declaring the intent to transfer real property to the Sisters
School District.
Brad Chalfant reported this resolution declared the intent to
transfer property to the Sisters School District, to be used
exclusively for public purposes, and set a hearing date for
April 2, 1997, at 10:00 a.m.
SWEARINGEN: I move signature of Resolution No. 97-029
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
SIGNATURE OF ORDER NO, 97-028, TO EXCHANGE REAL PROPERTY WITH
THE DESCHUTES NATIONAL FOREST SERVICE
Before the Board was signature of Order No. 97-028, to
exchange real property with the Deschutes National Forest
Service.
Brad Chalfant explained there were previous hearings on the
exchange of real property with the Sisters Ranger District
with possible transfer of property to the Sisters School
District.
SWEARINGEN:
NIPPER:
VOTE:
I move signature of Order No. 97-028.
I'll second it.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 6 MARCH 12, 1997
0161' 2C'M
12. ADOPTION OF ORDINANCE NO 97-017, AN INTERIM ORDINANCE
REGULATING THE SITING OF WIRELESS TELECOMMUNICATION FACILITIES
Before the Board was a adoption of Ordinance No. 97-017, an
interim ordinance regulating the siting of wireless
telecommunications facilities.
Damian reported this was the final draft of the interim
wireless ordinance. Damian reviewed the proposed ordinance
with the Board.
NIPPER: I move first and second reading of Ordinance
No. 97-017, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 97-017, by title only.
NIPPER: I move adoption of Ordinance No. 97-017.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
13. ADOPTION OF ORDINANCE NO 97-018, AMENDING ORDINANCE NO. 80-
216, THE BEND AREA GENERAL PLAN, CHANGING THE PLAN DESIGNATION
FOR CERTAIN PROPERTY, ORDINANCE NO 97-019, AMENDING TITLE 19
OF THE DESCHUTES COUNTY CODE THE BEND URBAN GROWTH BOUNDARY
ZONING ORDINANCE, TO CHANGE THE ZONING OF CERTAIN PROPERTY,
ORDINANCE NO 97-020 AMENDING ORDINANCE NO 80-216, THE BEND
AREA GENERAL PLAN, CHANGING THE PLAN DESIGNATION FOR CERTAIN
PROPERTY AND ORDINANCE NO 97-021, AMENDING TITLE 19 OF THE
DESCHUTES COUNTY CODE, THE BEND URBAN GROWTH BOUNDARY ZONING
ORDINANCE TO CHANGE THE ZONING OF CERTAIN PROPERTY FOR SCOTT
OAKLEY
Before the Board was adoption of Ordinance No. 97-018,
amending Ordinance No. 80-216, the Bend Area General Plan,
changing the Plan Designation for certain property, Ordinance
No. 97-019, amending Title 19, of the Deschutes County Code,
the Bend Urban Growth Boundary Zoning Ordinance, to change the
zoning of certain property, Ordinance No. 97-020, amending
Ordinance No. 80-216, the Bend Area General Plan, changing the
Plan designation for certain property, and Ordinance No. 97-
021, amending Title 19 of the Deschutes County Code, the Bend
MINUTES 7 MARCH 12, 1997
0161-2600
Urban Growth Boundary Zoning Ordinance, to change the zoning
of certain property for Scott Oakley.
Paul Blikstad reported the property was currently zoned RS,
standard residential. Scott Oakley proposed that the zone be
changed to RM leaving a small portion RS to be a buffer zone
between the two zones. Paul reported this approved by the
Hearings Officer and there had been no appeal.
NIPPER: I'll move first and second reading of
Ordinance No. 97-018, amending Ordinance No.
80-216, the Bend Area General Plan, changing
the Plan designation for certain property, by
title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 97-018, by title only.
SWEARINGEN: I move adoption of Ordinance No. 97-018.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
NIPPER: I'm going to move first and second reading of
Ordinance No. 97-019, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 97-019, by title only.
NIPPER:
SWEARINGEN:
VOTE:
MINUTES 8
I'll move adoption of Ordinance No. 97-019.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MARCH 12, 1997
0161-2601
NIPPER: I move first and second reading of Ordinance
No. 97-020, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 97-020, by title only.
SWEARINGEN: Move adoption of Ordinance No. 97-020.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
NIPPER: I'll move first and second reading of
Ordinance No. 97-021, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 97-021, by title only
SWEARINGEN: Move adoption of Ordinance No. 97-021.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
14. SIGNATURE OF RESOLUTION NO. 97-019, TRANSFERRING
APPROPRIATIONS WITHIN THE 1996/97 DESCHUTES COUNTY BUDGET
Before the Board was signature of Resolution No. 97-019,
transferring appropriations within the 1996/97 Deschutes
County Budget.
SWEARINGEN: I move signature of Resolution No. 97-019.
NIPPER: Second.
MINUTES 9 MARCH 12, 1997
0161-2602
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Before the Board was adoption of Ordinance No. 97-024,
amending 15.04.080, Fire Code Adopted, of the Deschutes County
Code.
Sue Brewster, Assistant County Counsel, reported this was an
ordinance adopting the latest edition of the fire code. She
stated this was to be consistent with the City of Bend.
NIPPER: I'll move first and second reading of
Ordinance No. 97-024, amending section
15.04.080, Fire Code Adopted, of the Deschutes
County Code, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 97-024, by title only.
NIPPER: Move adoption of Ordinance No. 97-024.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
16. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $617,261.63.
SWEARINGEN:
NIPPER:
Move approval subject to review.
Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 10 MARCH 12, 1997
0161-40603
17. SIGNATURE OF AGREEMENT WITH TONY ACETI
Before the Board was signature of an agreement with Tony
Aceti.
Rick Isham recommended a conditional approval with the
withdrawal of two conditions.
NIPPER: Move to approve the settlement agreement for
the Aceti LUBA appeal on the condition that
there was a withdrawal of the two items set
forth in the March 7, 1997, letter from Wade
Regier, Oregon Department of Transportations
approval and the Aceti's agreement to be
received not later than March 17, 1997 at 10
a.m.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Dated this 12th day of March, 1997, by the Deschutes County
Board of Commissioners.
ATTEST:
ecording Secretary
�Knda L. Swe ing , Commissioner
MINUTES 11 MARCH 12, 1997