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1998-47094-Minutes for Meeting August 05,1998 Recorded 10/1/199898-4'7094 MINUTES 169 - 1789 DESCHUTES COUNTY BOARD OF COMMISSIUWRS Wednesday, August 5, 1998 P� 1- 13 MAi2YS'U F"�Yh10L(_OW Chair Nancy Pope Schlangen called the Board of Cts r � STV dissioners meeting to order at 10:00 a.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Mike Maier, County Administrator; Meaghan Houska, Communications Director; Kevin Harrison, Bruce White, Rick Isham, Dave Leslie, 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 $390.39. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES 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 $1,077.79. NIPPER: Move approval. SWEARINGEN: Second. 11 .` I JJ.Sa� MINUTES 1 AUGUST 5, 1998 ��� 199) MICROFILMED OCT 2 21999 0 169 - 1790 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 3. 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 Bend Library County Service District in the amount of $327,415.76. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 4. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) approval of purchase of a paint striping truck through the State of Oregon Contract with Morton International, Inc.; 2) signature of Liquor License for Bend Kampground, Sunriver Country Store, Crossroad Station, Sunriver Marketplace; and 3) credit on Agate Road Local Improvement District assessment. NIPPER: Move approval of consent agenda items. SWEARINGEN: Second. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: MINUTES 2 AUGUST 5, 1998 5. PUBLIC HEARING ON APPEAL A-98-3 OF THE HEARINGS OFFICER'S APPROVAL OF A TENTATIVE PLAN TP -96-873 SUBMITTED BY ASPEN LAKES DEVELOPMENT Before the Board was a public hearing on appeal A-98-3 of the Hearings Officer's approval of a tentative plan TP -96-873 submitted by Aspen Lakes Development. Chair Schlangen reviewed the applicable criteria for this issue before the Board. She reviewed the order of the public hearing. Chair Schlangen asked if any of the County Commissioners had prehearing contacts. Commissioner Swearingen stated she met with Liz Fancher, Keith and Matt Cyrus in which she discussed the open space plan. She reported there was nothing in the documents that was not already in the record. She did not feel that this would preclude her from judging this issue in fairness. Commissioner Nipper reported he had no prehearing contacts. Chair Schlangen stated he had no prehearing contacts. Chair Schlangen asked if there was any challenge of bias, prejudgement or personal interest from the audience. There were no challenges forthcoming from the audience. Dave Leslie handed out Exhibit 1. He reported this appeal was limited to condition #21 which has three parts: 1. Delete the word "golf" from the tentative plan for the subdivision; 2. Preparation of an Open Space Management Plan; and 3. Corresponding deed restrictions for the open space. Chair Schlangen opened the public hearing. Liz Fancher, attorney for the applicant, submitted a document for the Board. She reviewed the application with the Board. She reported the County approved golf courses for uses in open spaces. It's the appellants interest and right to appeal this MINUTES 3 AUGUST 5, 1998 169 -p 1792 issue. The applicant does not want to fight condition #21. Liz Fancher reported a draft management plan has been submitted. She stated the County Counsel had made suggested changes to the open space management plan. She stated a proposed revised decision was submitted for the Board. Liz Fancher stated the criteria was right but they did not include any information regarding open space ordinances. Matt Cyrus submitted a letter into the record responding to Oregon Department of Fish & Wildlife's letter. Ted Weise, Oregon Department of Fish & Wildlife, made comments regarding the uses allowed in the open space. Commissioner Swearingen asked if a 50 foot wide wildlife corridor was not acceptable, what would be? Ted stated he was looking for a secure area that animals could walk through without being disturbed or harassed which would be 600 to 900 feet. Commissioner Schlangen asked about the height of fences. Ted responded the minimum 16" and 48" was maximum. He further stated the Oregon Department of Fish & Wildlife preferred 42" fences. Ted Weise reported the open space should be retained in a natural setting. He stated the original use of open space was for deer migration. He stated historically this open space was to remain a natural setting to allow deer migration. Bob Brockway entered a letter into the record. Frank Guthrie, Homeowners Association of Aspen Lakes, stated he was an interested party. He recommended this be resolved one way or another to settle this issue. Dave Leslie reported the designation on the plat map has been removed. He stated subdivision plats were intended to record lots and the creation of new lots. He felt it was the underlying land use decisions and approvals that would dictate how that area could be used in the future. MINUTES 4 AUGUST 5, 1998 M 169 - 1793 Sylvia Hanniman, 16696 Highway 126, testified regarding the forest management. She would prefer the deer not to be in her yard. She stated they preferred to have the deer in the forest, but they seemed to like the lawn best. She felt the deer would be happy to eat the grass on the golf course and felt people and deer could co -exist. Liz Fancher responded to testimony provided by Ted Weise. There being no further testimony, the public hearing was closed. A work session regarding this issues was scheduled for Tuesday, August 11, 1998, at 10 A.M. PUBLIC HEARING ON 1998 COMMUNITY DEVELOPMENT BLOCK GRANT FROM THE OREGON ECONOMIC DEVELOPMENT DEPARTMENT Before the Board was a public hearing on the 1998 Community Development Block Grant from the Oregon Economic Development Department. Susan Mayea requested the Board to submit a public works Community Development Block Grant application to the State. This was for the second phase of the La Pine Water project which would cover final engineering, design and administration. The amount of the grant would be $586,600. Susan reported the second hearing will be held next week, August 12, 1998. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. NIPPER: I would like to move that La Pine Water Project be forwarded to the State for the Community Development Block Grant. SCHLANGEN: I second the motion that we submit the project for the block grant. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 5 AUGUST 5, 1998 169 x:794 7. SIGNATURE OF USE AGREEMENT BETWEEN DESCHUTES COUNTY AND DESCHUTES CHILDREN'S FOUNDATION Before the Board was signature of a use Agreement between Deschutes County and Deschutes Children's Foundation. NIPPER: I'll move signature of agreement between Deschutes County and Deschutes Children Foundation. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: ABSTAINED 8. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $490,578.40. SWEARINGEN: Move approval, subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 9. SIGNATURE OF LETTER TO TODD GOODEW, ROCKY MOUNTAIN BAR-B-OUE Before the Board was signature of a letter to Todd Goodew. SWEARINGEN: I would move that we authorize sending this letter to Todd Goodew. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 6 AUGUST 5, 1998 16.9 - 1795 10. SIGNATURE OF SETTLEMENT WITH ROY MILLER Before the Board was signature of a settlement with Roy Miller. Commissioner Swearingen requested authorization to settle the Roy Miller lawsuit in the amount of $4,200.00 NIPPER: So moved. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 11. SIGNATURE OF BREAST AND CERVICAL COALITION CONTRACT Before the Board was signature of the Breast and Cervical Coalition Contract. SWEARINGEN: Move approval of the signature of the Breast and Cervical Coalition Contract. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. SIGNATURE OF PERSONAL SERVICES CONTRACT BETWEEN DESCHUTES COUNTY AND LOLLY CHAMPION Before the Board was signature of a Personal Services Contract between Deschutes County and Lolly Champion. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 7 AUGUST 5, 1998 16 1 196 The Board of County Commissioners adjourned until 2:30 p.m. today. Chair Nancy Pope Schlangen reconvened the Board of County Commissioners meeting at 2:35 p.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also present were Bruce White, Assistant County Counsel; Rick Isham, County Counsel; and Kevin Harrison, Planner. 13. APPROVAL OF THE BEND CENTER HOME DEPOT SITE PLAN Before the Board was approval of the Bend Center Site Plan for Home Depot. Bruce White there had been a LUBA appeal of the County's approval of the Bend Center Site Plan and Partition. He stated there were some issues when the County tried to approve the Hearings Officer's decision. He reported there had been a settlement reached between the parties which the Board would need to sign. The settlement requires that there be changes be made to the decision. The settlement will result the County and the other parties asking for there to be a remand of the County's decision so that the County can enter a stipulated decision. Bruce reported there could be a hearing in early September. He stated that once the County signs off on the stipulated decision, then they can get their building permit providing they had complied with all the provisions in the decision. He stated one of the biggest issues in the stipulated decision was the terms of the cross access easement between the properties and that has been settled. Bruce also reported that the parties had agreed to each others set of maps and they would not complain about each others site plans. This would set the stage for the approval of the modification of High Desert Villa Site Plan. SWEARINGEN: I move signature of the settlement agreement between the Bend Center affiliates, the High Desert Village affiliates, John Hancock, and Deschutes County. NIPPER: Second. MINUTES 8 AUGUST 5, 1998 169 - 1797 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 5th day of August, 1998, by the Deschutes County Board of Commissioners. ATTEST: Recording Sec etary Nancy P e Sch)angen, Chair U Robe L. Nipper, o missioner inda L. Sweari , Commissioner MINUTES 9 AUGUST 5, 1998