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1998-20305-Minutes for Meeting March 04,1998 Recorded 5/14/199898-20305 0167-2193 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 98tjyI PN 2 Wednesday, March 4, 1998 22 Chair Nancy Pope Schlangen called the Board of County Commisslane3(1; Lop, Meeting to order at 10:05 a.m. County Commissioners present were, Nancy Pope Schlangen and Robert L. Nipper. Also in attendance were Sue Brewster, Assistant County Counsel; Roger Kryzanek, Human Services; Mike Maier, County Administrator; Greg Brown, Sheriff; Susan Mayea, Management Analyst; Beverly Wilson, Legal Assistant; Meaghan Houska, Communications Directors; Damian Syrnyk, Planner; Tom Blust, Road Department Director; Dick Johnson, Road Department; Kevin Harrison, Planner; and Steve Jorgensen, Planner. 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 the weekly accounts payable vouchers for the 4-H/Extension County Service District in the amount of $1,154.21. NIPPER: So moved. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 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 $2977.46. NIPPER: SCHLANGEN: VOTE: MINUTES 1 Move approval subject to review. Second. SCHLANGEN: NIPPER: SWEARINGEN: MARCH 4, 1998 YES YES EXCUSED MICRO LMED `A `` 1 t0STU MAY 2 7 1998 3. 4. 5. 016'7-2194 CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 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 $140.68. NIPPER: Move approval. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) approval of Taylor Grazing Act Fund projects; 2) signature of Budget Revision #8 for Fiscal year 1998 Budget; 3) signature of Rental Agreement for site for use of free Immunization Clinic on April 21, 1998; 4) signature of Intergovernmental Agreement with the Oregon Health Division for STARS; 5) approval of Out-of-state travel for Joe Sadony to attend. class in Seattle the week of June 8, 1998; 6) signature of fairgrounds Access Easement from City of Redmond for North access; 6) signature of Order No. 98-015, authorizing the refund of taxes; and 7) signature of Order No. 98-032, authorizing the refund of taxes. NIPPER: I'll move approval of consent agenda items. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED PUBLIC HEARING ON CU-97-111/PA-97-12 FOR THE REALIGNMENT OF A SEGMENT OF NELSON AND PLAN AMENDMENT TO ADOPT THE EXCEPTION TO STATEWIDE PLANNING GOAL 3, AGRICULTURAL LANDS Before the Board was a public hearing on CU-97-111/PA-97-12 for the realignment of a segment of Nelson Road and a plan amendment to adopt the exception to the Statewide Planning Goal 3, Agricultural Lands. MINUTES 2 MARCH 41 1998 016'7-2195 Chair Schlangen read the opening statement. Damian Syrnyk provided a staff report. He reviewed the burden of proof and criteria applicable to this hearing. Chair Schlangen reviewed the hearing procedures. She stated testimony must be directed toward the criteria of this hearing. She further stated the hearing will be conducted as follows: a staff report, applicant testimony, opponents testimony and then after that there would be time for rebuttal. Chair Nancy Pope Schlangen asked the if any member of the Board had any prehearing contact. Commissioner Nipper stated he had several phones calls from neighbors adjacent to the airport and Nelson Road. Commissioner Schlangen stated she had received a couple of letters and talked with one of the neighbors. Chair Nancy Pope Schlangen asked if there was any challenge of bias. No challenge was forthcoming from the audience. Damian reported there were two letters received; one from Ren Davis dated March 4, 1998, which included several attachments and one letter from Malin Hill also dated March 4, 1998. Damian provided Board members with the Hearing Officer's decision. He reported the applicant was the City of Bend and they has applied for two land us applications. He stated there was one for a Conditional Use Permit Cu -97-111 and a Plan Amendment PA -97-12. The Conditional Use Permit proposes a new segment of Nelson Road on land zoned for exclusive farm use and relocate its intersection with the Powell Butte Highway 1/4 mile to the South from its current intersection. The Plan Amendment proposes to amend the Deschutes County Comprehensive Plan adopt an exception to Statewide Planning Goal 3, Agricultural Lands. The property is located at 22525 Nelson Road, Tax Lot No. 400 and 401. Damian summarized the proposal of the City of Bend. The realignment would be a J mile segment of Nelson Road to a new alignment that would intersect with the Powell Butte Highway. This proposal may be allowed if the County approved the conditional use permit they have applied for and adopts an amendment to the County Comprehensive Plan to adopt the exception to statewide planning Goal #3, Agricultural Lands. He reviewed the applicable criteria for this hearing. Damian stated that if the Board adopted the goal exception and approve the conditional use permit, the uses that would be approved would be limited to the i mile section of road. If this application was approved, all it would allow would be the MINUTES 3 MARCH 4, 1998 0167-2196 new alignment of Nelson Road on Tax Lots 400 and 401. It would not authorize any other uses. Chair Schlangen asked about who submitted the application. Damian stated the application was submitted by the City of Bend and Patrick Gisler was the owner of the property. Chair Nancy Pope Schlangen opened the public hearing. Andy Parks, Finance Director for the City of Bend, testified in support of this application. He gave a brief overview of this application. The realignment of Nelson Road was approximately 1320 feet to the south of the existing alignment. He felt there would be a significant dollar savings if this project was done now rather than in the future. It would improve the safety of both aircraft and automobiles on Nelson Road and Powell Butte Highway. Andy Parks stated there was another meeting with the neighbors scheduled with a notice going out to approximately 300 residents that were in close proximity to the airport. They would form a 7 to 9 person committee consisting of residents with close proximity to the airport and airport users and the Chair being a City Counselor or an appointee. The committee would work with the City and County staff to look at issues from both sides in terms of noise and other activities. Commissioner Nipper asked when the airport was originally developed. Andy Parks stated that it was in the 40's when land was deeded back over to the city. Chair Schlangen asked about goal exception. She discussed safety and how far the road would be from the airport if it was realigned. Tom Blust discussed the turning radius for the Lancair property owners. Dale Evans, Oregon Pilots Association, testified in support of this application. They favor the runway extension and it would be an improvement for airport operations. It would secure the economic benefits from the airport to the City and County. The safety aspect would be enhanced by this change. Patrick Gisler testified in support of this application. He stated he was one of the owners of the property through which Nelson Road would be realigned. He provided a background on this piece of property. The Gibson property was put on the market in 1996. The City of Bend was not able to purchase it. He assembled a group of people which were supporters of the airport and they purchased the property. MINUTES 4 MARCH 4, 1998 016`-2197 Bob Lovlien, representing Neal Davis, testified in opposition to the realignment of Nelson Road. He stated Neal's property was the most impacted by this proposal. His client did not object to the expansion of the airport. He felt there were a lot of issues that had not been addressed. He felt the long term expansion of the airport should be discussed with the neighbors. Commissioner Schlangen felt she needed to hear the safety reasons for moving Nelson Road. Until they address the expansion of the airport. Bob Lovlien stated it brings 400 employees 1/4 mile closer to his house everyday, the airport would be closer to his house and it takes agriculture land out of production. Tim Malone testified in opposition. He reported he was quoted out of context by the Hearings Officer. He testified that there was shoulder work being done on Powell Butte Road as this hearing was taking place and he did not understand the waste of taxpayers dollars for this. He felt addressing this Nelson Road alignment as a safety issue was wrong. Commissioner Nipper addressed the issue of planning. He felt the airport was going to expand because of the rapid growth in Deschutes County. Malin Hale testified in opposition to this application. He had submitted a letter. He suggested a different location for the realignment of Nelson Road. Tom Blust addressed Mr. Hale's issue of the realignment of Nelson Road. Ralph Emerson testified in opposition of this application. He wondered why they were doing a jog on Nelson Road. He felt if it was a safety issue something needed to be done but it didn't feel that this was the answer. He felt something needed to be done, but not just a quick fix .... there needed to be some long range planning done on this issue. Ken Davis submitted written testimony. He felt that if we were dealing with safety and long term planning, this project should be done correctly. Neal Davis testified in opposition as this realignment would put the traffic much closer to his house. Jackie Faulkner testified in opposition to this issue. She felt the City had not addressed the problems that the airport brought with it. MINUTES 5 MARCH 4, 1998 6. 7. 016`-2198 Andy Parks provided rebuttal to comments that were made during testimony. Chair Schlangen stated the record would be left open until 5:00 p.m. on March 11, 1998. The decision on this issue will be made at a later date. SIGNATURE OF RESOLUTION NO. 98-023, CALLING FOR SHERIFF'S SERIAL LEVY ELECTION AND ADOPTING THE BALLOT TITLE Before the Board was signature of Resolution No. 98-023, calling for the Sheriff's Serial Levy election and adopting the ballot title. Greg Brown reported exhibit A will be replaced because the definition was incorrect. NIPPER: I will move signature of Resolution No. 98- 023, calling for Sheriff's Serial Levy election and adopting the ballot title. SCHLANGEN: I will second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN; EXCUSED M., 135MV-0-6171 Before the Board was approval of a business loan to the Deschutes Children's Foundation. Susan stated the loan was in the amount of $104,900 for the purchase of a house which is adjacent to the current campus on 13th Street to use for additional services. The loan was for 15 years, the County would have first deed of trust, and no other liens will be allowed. They will pay off current loans this year. The land was appraised at $105,000. The collateral was the house. NIPPER: I move approval of business loan to the Deschutes Children's Foundation. SCHLANGEN: I will second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED ADOPTION OF ORDINANCE NO 98-006, DESCHUTES COUNTY CODE 9.08.040, EXEMPTION TO CHAPTER APPLICABILITY MINUTES 6 MARCH 4, 1998 0167-2199 Before the Board was adoption of Ordinance No. 98-006, Deschutes County Code Section 9.08.040, Exemption to Chapter Applicability. Beverly Wilson reported this added a couple of exemptions to the No Shooting ordinance. NIPPER: I move first and second reading of Ordinance No. 98-006, by title only. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED Chair Schlangen performed the first and second reading of Ordinance No. 98-006, by title only. NIPPER: I'll move adoption of Ordinance No. 98-006. SCHLANGEN: I will second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED 9. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $929,211.75. NIPPER: I move approval subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED 10. SIGNATURE OF CONTRACT BETWEEN DESCHUTES COUNTY AND FAMILY RESOURCE CENTER Before the Board was signature of a contract between Deschutes County and the Family Resource Center. Roger Kryzanek reviewed the contract with the Board. He reported the contract was not to exceed $10,000 for the period of February 1, 1998 to June 30, 1998. NIPPER: I'll move signature. MINUTES 7 MARCH 4, 1998 11. 12. 0167-2200 SCHLANGEN: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED AWARD OF CONTRACT TO CROWN PACIFIC TO REMOVE TIMBER ON A PARCEL OF LAND IN THE LA PINE INDUSTRIAL PARK Before the Board was award of a contract to Crown Pacific to remove timber on a parcel of land in the La Pine Industrial Park. Susan Mayea reported they were in the process of developing a 51 -acre parcel in the Industrial Park. She stated the first stage was to clear the timber on this parcel. Crown Pacific was the high bidder at $18,000. NIPPER: I'll move award of contract to Crown Pacific to remove timber on a parcel of land in the La Pine Industrial Park. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED CLOSE LAND CONTIGUOUS TO SECTION 11 LAND OWNED BY THE DIVISION OF STATE LANDS Before the Board was the closure of land contiguous to Section 11 land owned by the Division of State Lands. NIPPER: I will move, under the authority of Chapter 11.04.055 and 11.04.065 of the Deschutes County Code, our intent to close our portion of land contiguous to Section 11 to dumping, motorized vehicles and the use of firearms. SCHLANGEN: I'm seconding it. VOTE: MINUTES SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED e 8 MARCH 4, 1998 DATED this 4th day of Marc Board of Commissioners. ATTEST: Recording Secr tart' N 0107-2201 1998, by the Deschutes County . Nipper, 11 Li a L. Swearingen, Commissioner MINUTES 9 MARCH 4, 1998