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1998-43388-Minutes for Meeting June 10,1998 Recorded 8/13/1998i 98-43388 168 - 2756 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 9$ AUG 13 AH (I: 29 Wednesday, June 10, 1998 Acting Chair Robert Nipper called the Board of County Commissioners meeting to order at 10:00 a.m. County Commissioners present were Robert L. Nipper and Linda L. Swearingen. Also in attendance were Bruce White, Assistant County Counsel; Mike Maier, County Administrator; Patti Mecca, Property Management; Rick Isham, County Counsel; Ron Meckler, 9-1-1 Director; Michael Gaston, Library Director; Meaghan Houska, Communications Director; Scott Johnson, Commission on Children & Families Director; Steve Jorgensen, Planner; Heidi Kennedy, Planner; Barbara Rich, Planner; Dave Leslie, Planner; Catherine Morrow, Planner; and Kevin Harrison, 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 4-H/Extension County Service District in the amount of $8,198.21. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 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 9-1-1 County Service District in the amount of $24,366.75. SPU H - MINUTES 1 JUNE 10, 1998 MICROFILMED SEP 3 0 1998 SEP 0 1993 3. 168 - 2 757 SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 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 $65.06. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT 4. SIGNATURE OF RESOLUTION NO. 98-055, TRANSFERRING APPROPRIATIONS WITHIN 1997-98 REDMOND LIBRARY COUNTY SERVICE DISTRICT BUDGET Before the Governing Body was signature of Resolution No. 98- 055, transferring appropriations within the 1997-98 Redmond Library County Service District budget. SWEARINGEN NIPPER: MINUTES 2 I would move signature of Resolution No. 98- 055. Second. JUNE 10, 1998 5. 168 2758 VOTE: SCHLANGEN: EXCUSED 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) signature of letter to U.S. Housing & Urban Development to apply for fifty Rental Certificates for individual and families with disabilities; 2) signature of letter to U.S. Housing & Urban Development to request Comprehensive Improvement Assistance Program Funds for low rent public housing; 3) signature of Intergovernmental Cooperative Improvement Agreement between Deschutes County and Jefferson County for operation of the SMART Project; 4) award of Contract for Whispering Pines Local Improvement District to Deschutes Ready Mix; 5) signature of Resolution No. 98-058, closing a portion of Antler Avenue to motor vehicle access by general public; 6) signature of Memorandum of Understanding with City of Bend for Bend Urban Area transfer of jurisdiction; 7) signature of Release of Development Agreement associated with Site Plan approval SP -92-2; 8) signature of Order No. 98-087, declaring results of Sheriff Levy Election; 9) signature of Resolution No. 98-069, requesting a stay of designation from American Heritage Rivers Initiative; 10) signature of Order No. 98-047, transferring cash among various funds of 1997-98 Deschutes County Budget; 11) signature of Resolution No. 98-053, transferring appropriations within various funds of the 1997-98 Deschutes County Budget; 12) signature of Resolution No. 98-054, transferring appropriations within various funds of the 1997-98 Deschutes County Budget; 13) signature of Resolution No. 98-067, supporting Redmond Renewal Agency's selection of Option 1 for collection of Tax Increment Revenues in Redmond's Downtown Urban Renewal Area; 14) signature of Resolution No. 98-068, supporting Redmond Renewal Agency's selection of Option 1 for collection of Tax Increment Revenues in Redmond's South Airport Urban Renewal Area; and 15) signature of Resolution No. 98-070, supporting Bend's Urban Renewal Agency's selection of Option 3 for collection of Tax Increment Revenues in Bend Urban Renewal Area. MINUTES 3 JUNE 10, 1998 168 2759 SWEARINGEN: I would move approval of consent agenda items. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 6. SIGNATURE OF ORDER NO. 98-086, INITIATING THE PROCESS FOR FORMATION OF THE SISTERS ORGANIZATION FOR ACTIVITIES & RECREATION DISTRICT Before the Board was signature of Order No. 98-086, initiating the process for formation of the Sisters Organization for Activities & Recreation District. Bruce White reported this would put the formation of the Sisters Organization for Activities & Recreation District on the ballot. The hearing would be set for July 13, 1998 for meeting the deadlines for putting something on the ballot. Bruce White provided a map showing the boundaries of the district. Colin Adams requested approval to form a district. He felt there was firm support of the district. The district would follow the Sisters School District boundaries minus Black Butte Ranch. These funds would be used to provide instruction to the kids in the program. The SOAR board would continue to solicit grants. He stated there were user fees which were very low and they did not turn away anyone who could not afford to pay. They would be out asking for donations until their revenue comes in from taxes. They were hoping to be on the ballot for November 3, 1998. SWEARINGEN: I would move signature of Order No. 98-086. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES MINUTES 4 JUNE 10, 1998 7 168 - 2760 SIGNATURE OF ORDER NO. 98-090, INITIATING FORMATION OF THE DESCHUTES PUBLIC LIBRARY DISTRICT Before the Board was signature of Order No. 98-090, initiating the formation of the Deschutes Public Library District. Michael Gaston reported libraries would be closing on August 27, 1998, because there was no money to continue to operate. The September 15, 1998 election would reopen the libraries and the November election would allow libraries to operate the way they should be operated. Dot, Ken, Kay Coyner, Ann Evensen, Elizabeth Messer and Ray Maio stated their support for the libraries. SWEARINGEN: I would move signature of Order No. 98-090. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 8. CONTINUED PUBLIC HEARING ON SIGNATURE OF ORDER NO. 98-073, REGARDING THE INTENT TO TRANSFER REAL PROPERTY KNOWN AS THE TERREBONNE CINDER PIT TO TERREBONNE DOMESTIC WATER DISTRICT Before the Board was a continued public hearing on signature of Order No. 98-073, regarding the intent to transfer real property known as the Terrebonne Cinder Pit to Terrebonne Domestic Water District. Patti Mecca recommended transfer of property. Chair Robert Nipper opened the public hearing. Bill stated they were willing to accept all the requirements of the County. There being no further testimony, the public hearing was closed. MINUTES 5 JUNE 10, 1998 168 - 2 761 SWEARINGEN: I would move approval of Order No. 98-073, and authorize, on clarification of the legal description, signature on the deed. NIPPER: I'll second that motion. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 9. CONTINUED PUBLIC HEARING ON SIGNATURE OF ORDER NO. 98-074. REGARDING THE INTENT TO TRANSFER REAL PROPERTY SOUTH OF WARD ROAD (EASTGATE PARK) TO BEND METRO PARK & RECREATION DISTRICT Before the Board was a continued public hearing on signature of Order No. 98-074, regarding the intent to transfer real property south of Ward Road (Eastgate Park) to Bend Metro Park & Recreation District. Patti Mecca stated this property was acquired in 1993. She recommended transfer to Bend Metro Park & Recreation. Chair Robert Nipper opened the public hearing. Dave Caruther, Bend Metro Park & Recreation, stated the intent would be to own property on the east side of Bend similar to Shevlin Park. There being no further testimony, the public hearing was closed. SWEARINGEN: I move signature of Order No. 98-074. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES MINUTES 6 JUNE 10, 1998 168 216 10. PUBLIC HEARING ON ORDINANCE NO. 98-038, AMENDING TITLE 18, DESCHUTES COUNTY ZONING ORDINANCE, OF THE DESCHUTES COUNTY CODE Before the Board was a public hearing on Ordinance No. 98-038, amending Title 18, Deschutes County Zoning Ordinance, of the Deschutes County Code. Barbara Rich reported this was to hear TA -98-10 for extended hours in the Surface Mining Zone. She reviewed the applicable criteria. This application was for Hap Taylor for extended hours of surface mining. The amendment would require the applicant to show that it was necessary to operate overnight. The time limit for the extended activities was not to exceed 14 calendar days and no more than one special operating permit may be granted for a specific location in every two years. Commissioner Swearingen asked why the process had to be so extensive. Barbara Rich reported the Planning Commission felt this should only happen every year or two. Commissioner Swearingen asked if this was the exception rather than the rule, why should the company be penalized by requiring them to go through such an extensive process. She felt it was ridiculous. Barbara stated an easy process was allowed as long as the activity was on an occasional basis. If the company was doing it once every couple of years, there was a very easy way to handle it. If a company was wanting to operate on extended hours for a month or two at a time, the Planning Commission felt that could be a significant impact on surrounding landowners. Commissioner Nipper felt there should be allowance made for extraordinary circumstances. He stated there were landslides on the Santiam Pass annually and he expressed concern regarding restriction of once in every two years. Commissioner Swearingen stated this was a public project. She stated this was being done at night as a convenience to the MINUTES 7 JUNE 10, 1998 168 2 163 public and/or traveler. She felt the project was being done at night because it would best serve the community. She felt it was too restrictive. Commissioner Swearingen stated we set these laws up to prevent abuse, but she felt what really happened was that we curtail the normal activities of law- abiding citizens. Barbara Rich stated this was not an extraordinary circumstance but it was scheduled maintenance on an Oregon Department of Transportation maintained Highway. Commissioner Swearingen stated that she disagreed. She felt they were extraordinary circumstances. Chair Robert Nipper opened the public hearing. Nancy Craven, representing Hap Taylor & Sons, testified. She stated the text amendment extends the hours under which a surface mine could operate. Oregon Department of Transportation has asked them to do the work at night. There was no way they could respond to that request without doing a text amendment. She felt it would be helpful if the ordinance included other public projects such as a project at the airport, etc. She felt the limitation of 14 days could cause some problems. She recommended there be an allowance to renew the 14 days in 3 days increments. She felt the activities should be exempt from the noise ordinance if they weren't considered emergencies. Gary Blake testified against the policy and precedent issue. He stated ODOT was proposing a new surface mine for a gravel pit and asphalt operation and he opposed this. Gene Todd, Crossroad Property Owners Association, testified they had not suffered from the noise of the gravel mine. He requested the Board not to make changes in this ordinance lightly. Roberta Bennett testified that she was concerned that the ordinance would be too lenient. MINUTES 8 JUNE 10, 1998 168 2 764 Gene Todd expressed concern that the rocker crusher might be running at night. He felt there should never be a need to operate the rock crusher at night. Barbara Rich reported that the applicants "Exhibit A" all activities that are applied for under this special permit are considered emergencies. Once these activities are considered emergencies, they are completely exempt from any noise control. Therefore, if they are disturbing the peace in the middle of the night, there was no recourse for property owners to call the sheriff to have an alleviation of their disturbance. Barbara stated the "Exhibit A" she had presented had three provisions one of which allowed them to show that there was not going to be an impact. Nancy Craven stated that when an applicant was approved under this proposed ordinance, the Board would have determined it was a public project, there was a need, and unique circumstances. There being no further testimony, the public hearing was closed. SWEARINGEN: I would call for the first and second reading of Ordinance No. 98-038, by title only, and substitute Exhibit A, the applicants exhibit. NIPPER: I'll second that. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: EXCUSED YES YES Acting Chair Robert Nipper performed the first and second reading of Ordinance No. 98-038, by title only. SWEARINGEN: I move adoption of Ordinance No. 98-038. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES MINUTES 9 JUNE 10, 1998 168 - 2765 11. PUBLIC HEARING ON ORDINANCE NO. 98-035, AMENDING TITLE 18 DESCHUTES COUNTY ZONING ORDINANCE. OF THE DESCHUTES COUNTY CODE Before the Board was a public hearing on Ordinance No. 98-035, Deschutes County Zoning Ordinance, Building Height Exceptions, of the Deschutes County Code. Barbara Rich reviewed the applicable criteria with the Board. The amendment was to allow the owners to apply for a building height exception. This property was located in the Skypark Subdivision. This was to build a hanger and with a dwelling on top. Barbara reported there were already buildings in this subdivision that exceed the 30 foot building height. Chair Robert Nipper opened the public hearing. Kim Sarao, planner with W & H Pacific and representing the applicant, testified. She stated this would allow the applicant to apply for the 35 foot height exception. She requested adoption of this ordinance with an emergency clause. Kevin Padrick, applicant, stated he had three exhibits. Peter Hoff stated he was here to support the applicant. Kirk Lawler stated his house was higher than the one the applicant was trying to build. He reported there were three houses that were higher than his. He also stated he was here to support the applicant. Bill Forneshus, resident of the Skypark area, testified in support. Dick Getling, resident of Skypark, testified in opposition to this height exception. He expressed concern about the building height being raised above 35 feet. Kim Sarao stated the 35 foot height limit was the maximum height allowed in the airport combining zone. There being no further testimony, the public hearing was closed. MINUTES 10 JUNE 10, 1998 168 2766 SWEARINGEN: I would move that we have the first and second reading of Ordinance No. 98-035, by title only, declaring an emergency. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Chair Robert Nipper performed the first and second reading of Ordinance No. 98-035, by title only. SWEARINGEN: I would move adoption of Ordinance No. 98-035, by emergency. NIPPER: I will second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 12. PUBLIC _HEARING ON ORDINANCE NO. 98-039, AMENDING PL -20, THE DESCHUTES COUNTY COMPREHENSIVE PLAN, TO AMEND THE SITE SPECIFIC ESEE ANALYSIS FOR THE SAGE GROUSE SITES Before the Board was a public hearing on Ordinance No. 98-039, amending PL -20, the Deschutes County Comprehensive Plan, to amend the site specific ESEE analysis for the Sage Grouse sites. Barbara Rich report this was PA -98-1 and CU -98-16 to allow a single family dwelling within one-quarter mile of two specific sage grouse leks. Barbara Rich reviewed the applicable criteria with the Board. Barbara stated there were sage grouse leks located on this property which are the sage grouse mating areas. The applicant has proposed to amend the ESEE to allow a dwelling in the sage grouse mating area. Chair Robert Nipper opened the public hearing. Commissioner Swearingen asked if Oregon Department Fish & Wildlife provided any of the things that would encourage MINUTES 11 JUNE 10, 1998 168 2767 private property owners to do the right thing regarding the sage grouse. Ted Weise, Oregon Department of Fish & Wildlife, stated there were programs to enhance wildlife habitats, but with decreasing budgets they were becoming more and more limited. He stated there were resources to help the landowners. Janet Nash, applicant, expressed concern regarding the conditional use permit fee. She stated they had applied for a conditional use permit for the farm dwelling which they tried to keep open while they amended the ESEE. She reported the Planning Commission would not allow them to do that. They denied the first conditional use permit, while she amended the ESEE and then she had to reapply for the conditional use permit. The ESEE amendment cost $2,175 and then when they had to reapply for the second conditional use permit it costs another $965. She was requesting a fee waiver for the second $965. Barbara Rich explained the process the applicant had gone through. Commissioner Swearingen felt a waiver was appropriate. Commissioner Nipper stated he agreed. There being no further testimony, the public hearing was closed. SWEARINGEN: I would move that we have the first and second reading of Ordinance No. 98-039, by title only. NIPPER: I will second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Chair Robert Nipper performed the first and second reading of Ordinance No. 98-039, by title only. MINUTES 12 JUNE 10, 1998 168 - 2768 SWEARINGEN: I would move adoption of Ordinance No. 98-039, by emergency. NIPPER: I would second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES SWEARINGEN: I would also move that we waive the cost of the second conditional use permit in relationship to this application and the fee should come out of the fee waiver fund. NIPPER: I would second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 13. CONTINUED PUBLIC HEARING ON DESCHUTES COUNTY TRANSPORTATION SYSTEM PLAN Before the Board was a continued public hearing on the Deschutes County Transportation System Plan. Steve Jorgensen reported the final ordinances will be ready for adoption at a later date. Bruce White recommended some changes to policy 2.9 En Chapter 5.2 regarding acquiring land. He also recommended a change in Chapter 5.2.4 on page 143, Policy 2.4, to add "to the extent allowed by law". Chair Robert Nipper opened the public hearing. Howard Paine testified in support of the Transportation Plan. There being no further testimony, the public hearing was closed. MINUTES 13 JUNE 10, 1998 168 2 769 14. PUBLIC HEARING TO HEAR APPEAL OF HEARINGS OFFICER'S DENIAL OF CONDITIONAL USE PERMIT CU -97-129 Before the Board was a public hearing to hear appeal of the Hearings Officer's denial of a Conditional Use Permit CU -97- 129. Heidi Kennedy stated the applicant and Oregon Department of Fish & Wildlife had reached an agreement on an acceptable location and some conditions to address the wildlife area. Commissioner Swearingen stated she didn't feel that there was a problem with where the applicant wanted to put the house. Commissioner Nipper stated he heard that there was some kind of an agreement between the applicant and the other parties involved. Commissioner Nipper felt the applicant should be able to put the house where the applicant wanted to put it. Chair Nipper opened the public hearing. Sharon Smith, on behalf of the applicant, stated there would be increased impacts if they move the house site. The irrigation plan was designed for the existing cleared location and that would have to be modified, as well as changing the well location, revising where the water lines would go, and increased excavation costs because of the location change. Howard Paine, representing ARLU DeCo, felt the issue was complying with the law. In 1993 the property was reduced from 57.93 acres to 33 acres. The minimum lot size should be 40 acres and this application did not comply with the minimum lot size. Sharon Smith stated the lot line adjustment was not before the Board. The only issue before the Board was the location of the homesite. Howard Paine stated that when there was a discrepancy between the ordinance and the comprehensive plan the comprehensive plan prevailed. MINUTES 14 JUNE 10, 1998 168 2770 Ted Weise, Oregon Department of Fish & Wildlife, testified. He pointed out that there was an ordinance regarding the wildlife zone. He felt his department went out of their way to work with the owners when it was appropriate. Commissioner Nipper felt it prohibitive for the applicant to site a new well site. He did not feel there was any negative impact on the deer winter range. Ted Weise stated the activities associated with dwellings should be concentrated along a road that already has traffic on it or within proximity to other dwellings. Commissioner Swearingen stated this used to be nothing but sage brush, rock and juniper. She felt the applicant had come in and farmed the land and mitigated the negative impacts. She felt the applicant had compensated for any negative impacts that he may have created. Ted Weise stated part of his concern was that the wildlife ordinance was effective in 1992 or 1993 and this property was acquired after that date. He felt the Board should take the ordinances that are in place into consideration and not preclude meeting those standards. Sharon Smith felt the Board's decision would fully comply with the ordinance. Heidi Kennedy read the applicable criteria into the record. Commissioner Swearingen stated at the site visit she noticed that the applicant had come in and cleared a significant area of the property. She stated she observed the applicant had put in grass, a pond, a fence, and a barn. She also noticed where the barn was at and the proposed site for the house was on an incline. It appeared to her that the distance from the barn was not that great. She didn't feel that this would adversely effect the wildlife, especially since he had done other wildlife enhancements. She felt that whatever negative impact there had been, it had been mitigated by what he had done to the land. She stated she also noticed the surrounding property was nothing more than rock, junipers and sage brush. She felt that based on what she had seen, the applicant would MINUTES 15 JUNE 10, 1998 168 2771 have more wildlife than he would care to deal with based on what he had done with the property. Commissioner Nipper stated his observations were that there was an incline and there was a natural contour to the land that called for a house to be placed there. There was no cleared area for a house close to the barn. It would be much more difficult to build a house close to the barn and they would be destroying vegetation in the process of trying to build there. He felt it was a better solution to have the applicant build the house where he wants it. He noticed the same things about the property as Commissioner Swearingen had. Bruce White stated there was an opportunity to allow the public to rebut the site visit observations. There was no response from the audience. Commissioner Nipper and Commissioner Swearingen stated they had not had any prehearing contacts regarding this issue. There being no further testimony, the public hearing was closed. SWEARINGEN: I would move that we overturn the hearings officer's denial of .CU -97-129. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES John Bryan, applicant, requested the a refund of the some of the expenses involved in this application. Commissioner Swearingen stated she was reluctant to do that. She stated if the applicant was having to reapply for the same conditional use permit, like the former applicant, she would be inclined to do so. MINUTES 16 JUNE 10, 1998 168 - 2772 15. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of weekly accounts payable vouchers in the amount $699,268.90. SWEARINGEN: I move approval, subject to review. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES DATED this 10th day of June, 1998, by the Deschutes County Board of Commissioners. Nancy Pope Schlangen, Chair 7 aw ATTEST: Robe -t L. Nipper, Co sinner Recording Secretary Linda L. Swear , Commissioner MINUTES 17 JUNE 10, 1998