1998-14140-Minutes for Meeting February 11,1998 Recorded 4/3/1998R
98-14140 0164-2802
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS 98 APP ..3 PH 2: ZO
Wednesday, February 11, 1998,'y SUE i-
Chair Nancy Pope Schlangen called the Board of County CommissUAeR�
meeting to order at 10:06 a.m. County Commissioners present were
Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen.
Also in attendance were Patti Mecca, Property Management; Jay
Turley, Property & Facilities Manager; Mike Maier, County
Administrator; Dennis Morris, Road Department; Kevin Harrison,
Planner; Brian Harrington, Planner; Damian Syrnyk, Planner; Sue
Brewster, Assistant County Counsel; Jim Bonnarens, Property
Management; Meaghan Houska, Communications Director; Paul Blikstad,
Planner; and Rick Isham, County Counsel.
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 $187.53.
2.
NIPPER: I'll move approval.
SCHLANGEN: I'll second that.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
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 $436,841.29.
NIPPER:
SCHLANGEN:
VOTE:
MINUTES 1
I'll move approval subject to review.
I'll second the motion.
SCHLANGEN: YES PniCRCFIt�eaD
NIPPER: YES
SWEARINGEN: EXCUSED APR i? 199$
FEBRUARY 11, 1998
0164-2893
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
3. PUBLIC HEARING ON ORDINANCE NO 98-017, AMENDING THE DESCHUTES
COUNTY COMPREHENSIVE PLAN MAP TO CHANGE THE PLAN DESIGNATION
FOR CERTAIN PROPERTY DESIGNATED AGRICULTURE OPEN SPACE AND
CONSERVATION AND ORDINANCE NO 98-018, AMENDING THE DESCHUTES
COUNTY ZONING MAP TO CHANGE THE ZONE DESIGNATION FOR CERTAIN
PROPERTY ZONED EXCLUSIVE FARM USE-TERREBONNE SUBZONE TO OPEN
SPACE AND CONSERVATION
Before the Board was a public hearing on Ordinance No. 98-017,
amending the Deschutes County Comprehensive Plan Map to change
the plan designation for certain property designated
Agriculture Open Space and Conservation and Ordinance No. 98-
018, amending the Deschutes County Zoning Map to change the
zone designation for certain property zoned exclusive Farm
Use-Terrebonne Subzone to Open Space and Conservation.
Brian reviewed the criteria with the Board.
Chair Schlangen asked if there had been any prehearing
contacts. Each of the County Commissioners reported having
none. Chair Schlangen asked if there were any challenges from
the audience regarding bias on the part of the Board. There
were no challenges forthcoming from the audience.
Chair Schlangen opened the public hearing. There being no
testimony, the public hearing was closed.
NIPPER: I'll move first and second reading of
Ordinance No. 98-017, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-017, by title only.
NIPPER:
SWEARINGEN:
VOTE:
SWEARINGEN:
I'll move adoption of Ordinance No. 98-017.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
I move the first and second reading of
Ordinance N. 98-018, by title only.
MINUTES 2 FEBRUARY 11, 1998
4.
0164-2894
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-018, by title only.
SWEARINGEN: Move adoption of Ordinance No. 98-018.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Before the Board was a public hearing on CU -97-133,
conditional use permit for a lot of record dwelling on a 120 -
acre parcel zoned EFU-SC.
Chair Schlangen opened the public hearing. She reviewed the
applicable criteria for this issue. Chair Schlangen asked
each Board member had any prehearing contacts to report.
Commissioner Nipper reported he had phone calls from Matt
Cyrus on numerous occasions regarding his opposition.
Commissioner Swearingen reported contacts with Matt Cyrus,
Eric Dolson, and Martin Hansen. Chair Schlangen reported
having had no contacts. She asked if there was any challenge
of bias from the audience. There were no challenges
forthcoming from the audience.
Brian Harrington reported this application was requesting a
conditional use permit. He stated they had receive three
letters and two phone calls.
Leslie Bangs, land use consultant, testified in support of
this issue. She stated the Dolson's wanted to build a home on
this property for their family.
Eric Dolson testified. He read a letter into the record from
Reith Cyrus.
There being no further testimony, the hearing was closed.
SWEARINGEN: I move approval of CU -97-133, upholding
planning departments approval of this
conditional use permit for a lot of record.
MINUTES 3 FEBRUARY 11, 1998
5.
6.
0164--2895
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
PUBLIC HEARING ON ORDINANCE NO, 98-009, AMENDING CHAPTER 5.08,
OF THE DESCHUTES COUNTY CODE
Before the Board was a public hearing on Ordinance No. 98-009,
amending Chapter 5.08, of the Deschutes County Code.
Sue Brewster stated this amended the section regarding Pawn
shops.
Chair Schlangen opened the public hearing.
Debbie Hurley testified in support of this amendment.
There being for further testimony, the public hearing was
closed.
NIPPER: I'll move first and second reading of
Ordinance No. 98-009, by title only, and
declaring an emergency.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-009, by title only.
NIPPER: I'll move adoption of Ordinance No. 98-009.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
FIRST READING OF ORDINANCE NO. 98-010, AMENDING CHAPTER
1.16.080, ALLOW PRIVATE CITIZENS TO FILE NOISE & ANIMAL
CONTROL COMPLAINTS
Before the Board was the first reading of Ordinance No. 98-
010, amending Chapter 1.16.080, allow private citizens to file
noise and animal control complaints.
MINUTES 4 FEBRUARY 11, 1998
7.
EM
0164--2896
Sue Brewster reported this was adding a section to the code.
This allows a citizens to file a complaint.
NIPPER: I'll move first reading of Ordinance No. 98-
010.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first reading of Ordinance No.
98-010, by title only. The second reading will be in two
weeks on February 25, 19998.
FIRST READING OF ORDINANCE NO 98-008, AMENDMENTS TO ANIMAL
CONTROL CHAPTER OF THE DESCHUTES COUNTY CODE
Before the Board was the first reading of Ordinance No. 98-
008, amendments to animal control chapter of the Deschutes
County Code.
Sue Brewster reported these were changes to the animal control
chapter.
Alec McDonald, member of the Mt. Bachelor Kennel Club,
expressed a concern in the wording of the Ordinance. He felt
the word "seriously" should be included in the ordinance.
SWEARINGEN: I would move that we have the first reading of
Ordinance No. 98-008, by title only.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first reading of Ordinance No.
98-008, by title only. The second reading will be in two week
on February 25, 1998.
EMPLOYEES• ice• WASHINGTON
Before the Board was a request for approval of out-of-state
training for Road Department employees in Vancouver,
Washington.
MINUTES 5 FEBRUARY 11, 1998
NIPPER: I'll move approval
George Kolb to go
for training as
transportation.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
of out-of-st to r��,71or
to Vancouver, Washington,
long as he uses public
• -• I We
• • •
. .
Before the Board was adoption of Ordinance No. 98-020,
amending Bend Area General Plan Map to change the Plan
Designation for certain property and Ordinance No. 98-021,
amending the Map of Title 19, the Bend Urban Area zoning
Ordinance to zone certain property as RS on 9.26 -acres of land
for Garrett Rice.
Damian Syrnyk reported there were two ordinances for adoption
for a plan amendment and zone change for 9.26 -acres on Boyd
Acres Road. He stated the public hearings on these
applications was held on December 2, 1997. The plan amendment
and zone change was approved by the Hearings Officer.
NIPPER: I'll move first and second reading of
Ordinance No. 98-020, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-020, by title only.
NIPPER:
SWEARINGEN:
VOTE:
SWEARINGEN:
I'll move adoption of Ordinance No. 98-020.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
I move for the first and second reading of
Ordinance No. 98-021, by title only.
MINUTES 6 FEBRUARY 11, 1998
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-021, by title only.
SWEARINGEN: I move adoption of Ordinance No. 98-021.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
10. SIGNATURE OF CO.IMT,,TdITY DEVELAYIYT�w
DEPARTMENT AND MEADOWLARK MANOR
Before the Board was signature of Agreement between Community
Development Department and Meadowlark Manor.
SWEARINGEN: I would move approval of the Meadowlark Manor
Agreement.
NIPPER: I'll second that.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MEN
.. . . . .. . . . . ...
Before the Board was request for approval of a fee waiver for
Charles Ash for $95 for a temporary use permit for
manufactured home storage.
NIPPER:
SWEARINGEN:
VOTE:
I'll move fee waiver for Charles Ash for $95
temporary use permit for manufactured home
storage.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 7 FEBRUARY 11, 1998
064-2899
12. CONSIDERATION OF AWBREY BUTTE LEASE REPORT FROM RODNEY BURROWS
& ASSOCIATES AND DIRECT STAFF TO DEVELOP AN ORDINANCE ADOPTING
LEASE STRUCTURE
Before the Board was the Awbrey Butte Lease Report from Rodney
Burrows & Associates.
Jay Turley reported this was the Awbrey Butte Lease Report.
He stated there had been an informational meeting with the
tenants of Awbrey Butte and Mr. Burrows.
Jay reported there was a FAX from Western Radio which he
submitted for the record.
Terry Cowan, KLNR, testified regarding the fee structure for
Awbrey Butte. He opposed the high percentage of increase in
this fee. He felt the Board should consider other issues
beside the financial aspect. He felt the Board should
consider the public service aspect provided by the users of
Awbrey Butte.
John Larkin, KTVZ, testified in opposition to this issue. He
felt this issue needed to be given more serious thought.
Sam Kirkleby, RICE, testified in opposition too. He felt it
should be kept in mind that they do provide public services.
Commissioner Nipper recommended a work session between users
and Property/Facilities Management take place on another date.
No action was taken on this item at this time.
13. SIGNATURE OF ORDER NO, 98-011, AUTHORIZING THE REFUND OF TAXES
Before the Board was signature of Order No. 98-011 authorizing
the refund of taxes.
NIPPER: I'll move signature of Order No. 98-011.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
14. SIGNATURE OF ORDER NO, 98-012, AUTHORIZING THE REFUND OF TAXES
Before the Board was signature of Order No 98-012, authorizing
the refund of taxes.
SWEARINGEN: So moved.
MINUTES 8 FEBRUARY 11, 1998
0164-2000
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
15. SIGNATURE OF ORDER NO 98-018, TRANSFERRING CASH WITHIN VARIOUS
FUNDS OF THE 1997-98 DESCHUTES COUNTY BUDGET
Before the Board was signature of Order No. 98-018,
transferring cash within various funds of the 1997-98
Deschutes County Budget.
NIPPER: I'll move signature of Order No. 98-018.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
16. SIGNATURE OF LIQUOR LICENSE FOR MICHAEL'S PLACE
Before the Board was signature of a Liquor License for
Michael's Place.
NIPPER:
SWEARINGEN:
VOTE:
So moved.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
17. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $417,611.32.
SWEARINGEN: Move approval, subject to review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
18. APPOINTMENT OF MONTE DAHLMAN TO THE VANDEVERT ACRES SPECIAL
ROAD DISTRICT BOARD
Before the Board was appointment of Monte Dahlman to the
Vandevert Acres Special Road District Board.
MINUTES 9 FEBRUARY 11, 1998
NIPPER:
SWEARINGEN:
VOTE:
So moved.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
6-164-2901
19. REAPPOINTMENT OF KENNETH BARNARD TO THE BEND CASCADE VIEW
ESTATES TRACT 2 SPECIAL ROAD DISTRICT BOARD
Before the Board was reappointment of Kenneth Barnard to the
Bend Cascade View Estates Tract 2 Special Road District Board.
NIPPER: So moved.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
20. APPROVAL OF JACKIE FRENCH TO SERVE ONE YEAR WITH COIC BOARD
Before the Board was approval of Jackie French serving one
year with the COIC Board.
NIPPER: So moved.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
21. SIGNATURE OF ORDER NO, 98-029, AMENDING ORDER NO, 98-001
ADOPTING FINDINGS
Before the Board was signature of Order No. 98-029, amending
Order No. 98-001 adopting findings.
SWEARINGEN: I move to ratify Order No. 98-001.
NIPPER: Second.
VOTE: SCHLANGEN:
NIPPER:
SWEARINGEN:
NIPPER: I move signature of Order No. 98-029.
SWEARINGEN: Second.
MINUTES 10 FEBRUARY 11, 1998
VOTE: SCHLANGEN: YES 0-164-2902
NIPPER: YES
SWEARINGEN: YES
Before the Board was a request for Central Oregon Economic
Development Council to do training for 12 people in the amount
of $5,740.
NIPPER:
SWEARINGEN:
VOTE:
So moved.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Before the Board was approval of $1,500 for the Central Oregon
Air Task Force for the Redmond Airport.
SWEARINGEN:
NIPPER:
VOTE:
So moved.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
DATED this 11th day of
Board of Commissioners.
ATTEST:
Recording Secretary
, 1998, by the Deschutes County
inda L. Swear ngen ommissioner
MINUTES 11 FEBRUARY 11, 1998