1998-37862-Minutes for Meeting May 13,1998 Recorded 7/23/199898-3'7862
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DESCHUTES COUNTY BOARD OF COMMISSIONERS$ JUL 23 AN 9: 39
Wednesday, May 13, 1998 MARY SUE PENHOLLOW
COUNTY CLERK
Chair Nancy Pope Schlangen called the Board of County Commissioners
meeting to order at 10:08 a.m. County Commissioners present were
Nancy Pope Schlangen and Robert L. Nipper. Also present were Dave
Leslie, Planner; Kevin Harrison, Planner; George Kolb, Engineering
Services Manager; Bruce White, Assistant County Counsel; Wayne
Sorensen, Redmond Planner; Ron Meckler, 9-1-1 Director; Kathy Drew,
Developmentally Disabled Program Manager; Meaghan Houska,
Communication Director; Mike Maier, County Administrator; and Patti
Mecca, Property Management.
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT
1. 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 91-1 County Service District in the
amount of $1,284.08.
NIPPER: Move approval subject to review.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
2. APPROVAL OF OUT-OF-STATE TRAVEL FOR JIM GRIFFITH TO ATTEND
NATIONAL EMERGENCY NUMBER ASSOCIATION CONFERENCE
Before the Governing Body was a request for approval of out-
of-state travel for Jim Griffith to attend a National
Emergency Number Association Conference.
Ron Meckler reported this was a four day emergency number
conference which cost approximately $1800.
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SEP 2 1998
3.
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NIPPER: I'll move approval of out-of-state travel for
Jim Griffith
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
CONVENE AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY
SERVICE DISTRICT
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR REDMOND
LIBRARY COUNTY SERVICE DISTRICT
Before the Board was approval of the weekly accounts payable
vouchers for Redmond Library County Service District in the
amount of $174,712.50.
NIPPER: I'll move approval subject to review.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
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 $782,962.53.
NIPPER:
SCHLANGEN:
MINUTES 2
I'll move approval subject to review.
I'll second it.
MAY 13, 1998
5.
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VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY
SERVICE DISTRICT
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR SUNRIVER
LIBRARY COUNTY SERVICE DISTRICT
Before the Governing Body was approval of weekly accounts
payable vouchers for Sunriver Library County Service District
in the amount of $65,793.75.
NIPPER: Move approval subject to review.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
SIGNATURE OF LETTER OF SUPPORT FOR LIFE SPAN RESPITE PROJECT
Before the Board was signature of a letter of support for Life
Span Respite project.
Kathy Drew reported it was a collaboration of a variety of
difference agencies within Crook, Jefferson and Deschutes
Counties to provide respite care. They have asked Deschutes
County to be the lead agency.
NIPPER:
SCHLANGEN:
VOTE:
MINUTES 3
I move signature of letter of support for Life
Span Respite project.
I will second that motion.
SCHLANGEN:
NIPPER:
SWEARINGEN
MAY 13, 1998
YES
YES
EXCUSED
168 - 2054
7. PUBLIC HEARING TO CONSIDER ORDINANCE NO. 98-011 AMENDING TITLE
20, REDMOND URBAN AREA ZONING ORDINANCE OF THE DESCHUTES
COUNTY CODE
Before the Board was a public hearing to consider adoption of
Ordinance No. 98-011, amending Title 20, Redmond Urban Area
Zoning Ordinance, of the Deschutes County Code.
Wayne Sorensen reported this was an ordinance amendment to
Title 20. It was discovered that the Redmond Standards and
Specifications could not be applied to the urban area. It
could only be applied to C5 Zone property. By putting this
into the supplementary provisions it could applied to the
urban area.
Chair Schlangen opened the public hearing. There being no
testimony, the public hearing was closed.
NIPPER: I'm going to move first and second reading of
Ordinance No. 98-011, 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. 98-011, by title only.
NIPPER:
SCHLANGEN:
VOTE:
MINUTES 4
I'll move adoption of Ordinance No. 98-011.
I'll second the motion.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
MAY 13, 1998
168 - 2055
8. PUBLIC HEARING ON ORDINANCE NO. 98-030, TO CONSIDER PLAN AND
TEXT AMENDMENTS REGARDING WILDLIFE HABITAT MANAGEMENT IN THE
EFU ZONE
Before the Board was a public hearing on Ordinance No. 98-030,
to consider plan and text amendments regarding wildlife
habitat management in the EFU Zone.
Dave Leslie reported this ordinance would amend the text in
Title 18 to enable dwellings in conjunction with the Wildlife
Habitat Conservation Management Plan as provided for by State
Law. The Planning Commission reviewed this and forwarded it
to the Board of County Commissioners with a recommendation for
approval. The dwelling would be a conditional use. A
dwelling approved with a plan has to have a finding that the
stability of the land has not been adversely effected. It
cannot be located on any Class 1 or 2 soils. The lot has to
have been created as of November 4, 1993, and it can be the
only dwelling on the property. A property owner with approval
can present information to the assessor's office and the
assessment can be changed to open space use.
Commissioner Schlangen asked who had the authority to tell the
assessor to change it on the roles and would it be monitored.
Dave Leslie stated the Oregon Department of Fish & Wildlife
was responsible. He also reported that if the property owner
was not meeting the plan, ODF&W notifies them that they need
to make some changes.
Commissioner Nipper asked if there was any discussion of how
this impacts LCDC regulations regarding farm dwellings and
non-farm dwellings as related to the $80,000 gross income.
Dave stated there was no discussion and this would not have
any effect on existing criteria.
Dave Leslie stated the changes addressed the wildlife
management plan. He reviewed the map with the Board.
Chair Schlangen opened the public hearing.
Ted Weise, ODF&W, testified in support of the changes in the
ordinance.
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Commissioner Linda Swearingen joined the meeting at this time.
Ben Westlund reported that in the two years Polk and Marion
County had this up and running there had only been 34
applications.
There being no further testimony, the public hearing was
closed.
SWEARINGEN: I'll move for the first and second reading of
Ordinance No. 98-030, by title only.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-030, by title only.
SWEARINGEN: I move adoption of Ordinance No. 98-030.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
9. PUBLIC HEARING TO CONSIDER SIGNATURE OF ORDER NO. 98-072
REGARDING WITHDRAWAL OF TERRITORY FROM VANDEVERT ACRES SPECIAL
ROAD DISTRICT
Before the Board was a public hearing to consider signature of
Order No. 98-072, regarding the withdrawal of territory from
Vandevert Acres Special Road District.
Bruce White reported the next election date would be in
September. He recommended this hearing be continued to May
27, 1998. The notice of election would be due in July.
Chair Schlangen opened the public hearing.
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John Burch testified on behalf of Jim Gardner, seller of the
development where the four properties were located. He stated
he had received a phone call from Jim Kendall regarding re -
amortization of the loan. He met with Bank of the Cascades on
Monday. The bank was very agreeable to working out a rewrite
for possibly as long as 20 years. After his meeting with the
Bank on Monday, He was trying to look at every option
possible to avoid litigation.
Commissioner Swearingen reported she had a conversation with
Jim Kendall. It was her understanding from that conversation
that the Road District would not be willing to do that unless
there was a cash contribution of almost $19,000.
John Burch stated he was provided some figures from the bank.
He would provide the figures to the Board and Jim Kendall as
soon as he received them. He felt they were still in a
position to resolve this issue.
Commissioner Swearingen stated it would take $19,000 to bring
them down to $5,000 a year payment.
Commissioner Swearingen stated Jim Gardner and the other four
property owners are not willing to put in any more money.
John Burch felt there would be an increase in appreciation but
there would still be a balloon payment at the end. He stated
he had been instructed to file a lawsuit as soon as possible
to extract the four property owners.
Jim Kendall stated that if the order is signed before July 1,
1998, they do not have to pay taxes this year.
Chair Schlangen continued public hearing to May 27, 1998, at
10 a.m.
10. SIGNATURE OF AGREEMENT BETWEEN DESCHUTES COUNTY AND OREGON
WATER TRUST TO FUND PURCHASE OF WATER RIGHTS FOR INSTREAM USE
Before the Board was signature of an agreement between
Deschutes County and Oregon Water Trust to fund purchase of
water rights for instream use.
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SWEARINGEN: I move signature of agreement between
Deschutes County and Oregon Water Trust to
fund purchase of Water Right for instream use.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
11. SIGNATURE OF ORDER NO. 98-045, TRANSFERRING CASH AMONG VARIOUS
FUNDS WITHIN THE 1997-98 BUDGET
Before the Board was signature of Order No. 98-045,
transferring cash among various funds within the 1997-98
budget.
SWEARINGEN: Move approval.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
12. SIGNATURE OF ORDER NO. 98-058. AUTHORIZING THE REFUND OF TAXES
Before the Board was signature of Order No. 98-058,
authorizing the refund of taxes.
SWEARINGEN: Move approval.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
13. APPOINTMENT OF JERRY HAKES TO THE PANORAMIC ACCESS SPECIAL
ROAD DISTRICT BOARD
Before the Board was appointment of Jerry Hakes to the
Panoramic Access Special Road District Board.
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NIPPER: Move appointment.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
14. APPOINTMENT OF CONRAD RUEL TO SPECIAL ROAD DISTRICT #1 BOARD
Before the Board was appointment of Conrad Ruel to the Special
Road District #1 Board.
SWEARINGEN: Move appointment.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
15. APPOINTMENT OF SUSAN VICKERS TO THE DESCHUTES COUNTY
BICYCLE/PEDESTRIAN ADVISORY COMMITTEE
Before the Board was appointment of Susan Vickers to the
Deschutes County Bicycle/Pedestrian Advisory Committee.
SWEARINGEN: Move appointment.
NIPPER: 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 $3,445,406.24.
SWEARINGEN: Move approval subject to review.
NIPPER: Second.
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VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
17. SIGNATURE OF ORDER NO. 98-075, ESTABLISHING A NO THROUGH
TRUCKS RESTRICTION ON DODDS ROAD
Before the Board was signature of Order No. 98-075,
establishing a No Through Trucks restriction on Dodds Road.
SWEARINGEN: I move signature of Order No. 98-075.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
18. SIGNATURE OF INDEMNITY AGREEMENT WITH OREGON STATE POLICE
FORENSICS DIVISION FOR USE OF 52 N.W. LAFAYETTE STREET FOR
TRAINING OF CENTRAL OREGON LAW ENFORCEMENT
Before the Board was signature of an Indemnity Agreement with
Oregon State Police Forensics Division for use of 52 N. W.
Lafayette Street for training of Central Oregon Law
Enforcement.
SWEARINGEN: Move signature of agreement.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
19. RECOMMENDATION OF URBAN RENEWAL DISTRICT IMPLEMENTATION OPTION
Before the Board was recommendation of Urban Renewal District
implementation option.
NIPPER: I will move signature of a resolution with a
number to be assigned later, recommending to
the City Council of Redmond and Bend Option 2.
MINUTES 10 MAY 13, 1998
.P
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
168 - 2061
DATED this 13th day of May, 1998, by the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secretary
MINUTES 11 MAY 13, 1998
inda L. Swe Inge Commissioner