1998-29089-Minutes for Meeting April 14,1998 Recorded 6/11/199898-290+9 1 6 8 - 0360
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSI&MgIII PH 3:57
Tuesday, April 14, 1998 ARY _ W
Chair Nancy Pope Schlangen called the County Commist(118 r 44eting
to order at 11:00 A.M. County Commissioners present were Nancy
Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also
present were Mike Maier, County Administrator; Meaghan Houska,
Communications Director; Damian Syrnyk, Planner; Tom Blust, Road
Department Director; George Read, Community Development Director;
Jim Bonnarens, Property Management; Jay Turley, Property &
Facilities Manager; and Steve Jorgensen, Planner.
1. DECISION ON CONDITIONAL USE PERMIT CU -97-111 AND PLAN
AMENDMENT PA -97-12 REGARDING THE REALIGNMENT OF NELSON ROAD
Before the Board was a decision on Conditional Use Permit CU -
97 -111 and Plan Amendment PA -97-12 regarding the realignment
of Nelson Road.
Damian Syrnyk reviewed the issue with the Board of
Commissioners.
Commissioner Swearingen stated she had not been at the hearing
but she had listened to the tapes and spent time reviewing the
record. She expressed her concerns regarding the application
for the Nelson Road realignment.
Commissioner Swearingen stated there were a couple of things
about this application that bothered her. She stated the Bend
Municipal Airport master plan document had never come before
the Deschutes County Planning Commission or County
Commissioners for approval. She felt the document could not
be used since it had not gone through the formal public
process. She also expressed concern that the Nelson Road
improvements were in the Transportation System Plan which
references the Bend master plan and yet it had not been
through the formal public process. She stated she was not
opposed to the expansion at the airport or the improvement but
she felt the process needed to be followed.
Damian Syrnyk stated he was not sure of the circumstances in
1994 when this took place.
Commissioner Schlangen stated there was no record of the City
ever coming before the Planning Commission or the County
Commissioners.
Commissioner Swearingen stated she was hard pressed to bank on
a document that had only been approved by the City of Bend.
MINUTES 1 APRIL 14, 1998 K-YpY'7
e;JUL1�1998 MICROFILWOCJUL 1�98
168 a 0361
She state it would be different if the site was within their
incorporated area or their urban growth boundary.
Commissioner Nipper stated he tended to agree with
Commissioner Swearingen.
Commissioner Swearingen reiterated again that she felt the
City needed to go through the public process.
Commissioner Schlangen was concerned about the realignment.
She stated that until there was a new adopted plan, the Board
should not go forward.
Commissioner Swearingen read from the City of Bend Master Plan
which had not been adopted.
Damian stated it sounds like the Board had some concerns
regarding the process rather than the actual plan.
Commissioner Nipper stated he did not want the City of Bend to
start at square one.
Commissioner Swearingen stated all they would have to do was
to go before the Planning Commission. She stated this was 7
miles from town and in the EFU Zone.
Commissioner Nipper felt the City had done an adequate job of
preparing the populous in that area for the expansion of the
airport.
Commissioner Swearingen felt it would come right back to the
County Commissioners if it was appealed to LUBA.
Commissioner Schlangen stated that what was before the Board
was the Nelson Road. They would still have to go through the
process for the airport expansion.
Commissioner Nipper asked George Read about waiving some of
the process from happening.
George Read stated an application was what it was at the time
of the submittal. The rules change, but the application has
the rules applied that were in effect at the time of the
application. He felt the question was whether or not the City
of Bend had met its burden of proof for relocating Nelson Road
based on the present master plan and the present conditions at
the airport.
Commissioner Swearingen stated she could not base it on the
1979 plan since it had never been made a part of the record.
MINUTES 2 APRIL 14, 1998
168 - 0362
Commissioner Nipper stated if it was based on the 1979 plan it
would be okay, but if the. Board had to go with the 1994 plan,
he would have a problem with it. He further stated he
realized there was a need for the expansion of the airport.
He felt that if people moved near an airport, they should have
understood that there could be an expansion with the growth of
the City.
Commissioner Schlangen stated before the Board was only the
issue of moving Nelson Road.
SWEARINGEN: I would move that we deny conditional use
permit CU -97-111 and Plan Amendment PA -97-12,
regarding the realignment of Nelson Road.
Commissioner Nipper stated they used a plan that had not been
adopted and the safety purposes were not addressed. They had
not met their burden of proof.
NIPPER: I'm going to second it.
Commissioner Nipper state he was basically for the
realignment.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
2. SIGNATURE OF RESOLUTION NO. 98-033, ADOPTING NEW LEASE RATES
FOR AWBREY BUTTE
Before the Board was signature of Resolution No. 98-033,
adopting new Lease Rates for Awbrey Butte.
Mike Maier discussed this item with the Board.
SWEARINGEN: I would like to move signature of Resolution
No. 98-033.
NIPPER: I'm going to second that.
Commissioner Nipper stated he reviewed the overall plan and
felt it was very just.
Commissioner Swearingen felt this was a very fair plan and she
did not want to subsidize the broadcast industry. She felt
the proposed rates were equitable and do what was in the best
in the best interest of the tax payer.
Commissioner Schlangen stated she did not agree. She wanted
to put a committee together to work on a long-range plan that
meets the needs of the County and the broadcasters.
MINUTES 3 APRIL 14, 1998
VOTE:
SCHLANGEN:
NIPPER:
SWEARINGEN:
DATED this 14th day of April,
Board of Commissioners.
ATTEST:
]-4Z:hlam'�f- -
ecording Secretary
1680363
NO
YES
YES
1998, by the Deschutes County
Linda L. Sw ingen, Commissioner
MINUTES 4 APRIL 14, 1998