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1998-47095-Minutes for Meeting August 22,1998 Recorded 10/1/199814* i 98-4'709; MINUTES 169 - 1'198 DESCHUTES COUNTY BOARD OF COMMISSIONERS 98OCT _I PM1:13 Wednesday, August 12, 1998 Chair Nancy Pope Schlangen called the Board of County ComiSMt)bfib5fz K meeting to order 10:04 A.M. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Mike Maier, County Administrator; Greg Brown, Sheriff; Ron Meckler, 9-1-1 Director; Bruce White, Assistant County Counsel; George Read, Community Development Director; Rick Isham, County Counsel; Roland Gangstee, Adult Justice Manager; and Damian Syrnyk, Planner. 1. ANNUAL CENTRAL OREGON ECONOMIC DEVELOPMENT COUNCIL UPDATE Robin Roberts provided handouts for the County Commissioners. She provided an update on the activities of the Central Oregon Economic Development Council. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 2. 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 $994.10. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT r zi, j aj Q`� MINUTES 1 AUGUST 12, 1998 LM IED MICROFILM199") OCT 2 1999 11, 3. 4. 5 169 -- 1-199 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 $372.32. SWEARINGEN: Move approval. SCHLANGEN: Second. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: APPROVAL OF PHASE II OF CONTRACT FOR 9-1-1 Before the Board was approval of the Phase II of the contract for 9-1-1. Ron Meckler reviewed the J. N. Hartsock contract. It was recommended that 9-1-1 move to the Sheriff's building and they would be comfortable there for at least 10 years. SWEARINGEN: I would move approval of Phase II of the contract for 9-1-1. NIPPER: I'll second that. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONSENT: Consent agenda items before the Board of County Commissioners were: 1) signature of a Microwave Excess Capacity Lease; 2) signature of Addendum to OMAP Contract with Deschutes County Health Department; 3) signature of Intergovernmental Agreement between Deschutes County Human Services and Central Oregon Regional Housing Authority; 4) signature of Resolution No. 98- 104, authorizing General Obligation Refunding Bonds, Series 1998; 5) signature of Orders No. 98-101, 98-102, and 98-119, MINUTES 2 AUGUST 12, 1998 169 w 1800 authorizing the refund of taxes; 6) signature of Proclamation for Census 2000; 7) reappointment of Barbara Stone to the Central Oregon Regional Housing Authority; 8) signature of Liquor Licenses for Tom's Market, Flavors Rimrock Cafe, Sisters K.O.A. Campground, Eagle Crest, Homestead Tavern, Lucky's Tavern, Three Creeks Lake Store, Lost Tracks Golf Club, Aspen Lakes Golf Course; and 9) signature of Order No. 98-114, transferring cash among various funds in the 1998-99 Deschutes County Budget. SWEARINGEN: I move approval of consent agenda items. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 6. PUBLIC HEARING ON 1998 COMMUNITY BLOCK GRANT FROM THE OREGON ECONOMIC DEVELOPMENT DEPARTMENT FOR THE FINAL ENGINEERING & DESIGN WORK FOR THE LA PINE WATER SYSTEM Before the Board was a public hearing on the 1998 Community Block Grant form the Oregon Economic Development Department for the final engineering and design work for the La Pine Water System. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. SWEARINGEN: I move approval of the 1998 Community Development Block Grant from the Oregon Economic Development Department for the final engineering and design work for the La Pine Water System. NIPPER: I'll second. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: MINUTES 3 AUGUST 12, 1998 YES YES YES 1.69 - 18U1 7. PUBLIC HEARING ON APPEAL A-98-9 OF THE HEARINGS OFFICER'S DECISION ON PLAN AMENDMENT PA -98-3 AND ZC-98-2 BY DANIEL KIESOW Before the Board was a public hearing on Appeal A-98-9 of the Hearings Officer's decision on plan amendment PA -98-3 and ZC- 98-2 by Daniel Kiesow. Chair Nancy Pope Schlangen read the opening statement. The applicable criteria was posted on the overhead. Chair Schlangen also discussed the order of the proceedings during the public hearing. Chair Schlangen asked if there had been any prehearing contacts by any of the County Commissioners. Linda Swearingen reported there was the discussion with Mr. Kiesow by all three Board members during a formal Board meeting. She reviewed what was stated during this meeting. Chair Schlangen asked if there were any challenges from the audience regarding bias, prejudice, or personal interest. There were no challenges forthcoming from the audience. Damian Syrnyk provided a staff report for the Board. He provided copies of pages 11 and 12 of the Hearings Officer's decision. Damian reported the property was located at 20275 Hardy Road. Damian reviewed the issues on appeal by Mr. Kiesow. The issue was RS zoned property which Mr. Kiesow felt should be RH. A copy of the entire file was before the Board, if they wished to review it. Commissioner Swearingen asked if there was a larger map that would show this property in relation to other property zoned RH. Damian state he would go to his office and get one for the Board. Chair Schlangen requested Sheriff Greg Brown to discuss the issues regarding Hardy Road. MINUTES 4 AUGUST 12, 1998 1.69 - 1802 Greg Brown, Sheriff, reported that in 1991 they purchased 9.76 acres adjacent to Highway 20 that was zoned IL. They worked with the neighbors who had expressed concern about traffic on Hardy Road. The Sheriff's Department had pledged that they would not have any access on Hardy Road as they wanted to preserve the nature of the neighborhood. It would only be used for emergency access by the jail. The Sheriff's Department even went as far as building a concrete block wall on the west side of the property to make sure the neighbors knew that there would be no road put through there. The neighbors concern was that the County would try to link O. B. Riley Road with Highway 20. Sheriff Brown reported that in 1994 the voters approved the public safety bonds. They then purchased two more parcels of property. He stated that in his meetings with the ODOT and the City of.Bend, it was made clear that the access road along the west side of the Sheriff's Department property would connect to Cooley Road or Cooley and Highway 20, and it will provide an access onto O'. B. Riley road. The Sheriff's Department access road would connect down through the Deschutes Business Park. Mike Byers, Planner for the City of Bend, stated he would be happy to answers questions. Commissioner Schlangen asked if Hardy and Britta Road were for public roads. Mike Biers stated that was correct. Mike Byers stated the area was planned for RS type of develop and they had not looked at any of this areas being zoned RM or RH levels of development. The nearest RM property was south at the intersection of Empire Avenue and O. B. Riley Road. Chair Schlangen opened the public hearing. Commissioner Swearingen asked Damian if it made sense to make the transition area RM. Damian stated there was evidence in the record to look at other options such as RM. The biggest change in the area was the Juvenile Justice area. Bruce White asked if Damian Syrnyk would clarify if there was sewer and water at the property location. MINUTES 5 AUGUST 12, 1998 159, 1803 Damian reported the site had both water and sewer service at Hardy Road and Service Road which abut the property. He also reported that Service Road was constructed to the standards for an urban standard local road in the County Code, and Hardy Road was not improved. He stated there was also electricity was available to the property. Damian reported that there were several changes in circumstances. He stated the area was originally zones SR2.5 because sewer service had not been contemplated at the time the City and County had developed the original Bend Urban Area General Plan. Commissioner Nipper felt it would be wise to have a transitional zone between the light industrial (IL) zone and RS zoning. Dan Kiesow, applicant, testified. He gave a background on the property in that area. He felt the property in that area should remain RS or RM. He stated he would build a berm between the RS area and the RH, if he was granted RH. He reported that in the Hearings Officer's findings it was stated that the eastern 3.3 acres of his property was no longer suitable for RS property. He stated the Hearings Officer suggested RM, but she could not grant that because his application for was only for RH. Commissioner Swearingen asked if Dan Kiesow would be satisfied with RM. Dan Kiesow felt he could live with RM or RH. He would like to request RM at the very least. He felt it would be a good transition use. Commissioner Swearingen asked Damian Syrnyk if moving the property to RM would create a more compatible transition area, based on what he had seen in the record. Damian felt there was evidence in the record for the Board to take a look at a change in zoning to something other than RS and one of those options would be RM. He stated the biggest change in the area that was not part of the original plan or contemplated was the construction of the Juvenile Justice facility. He felt the Hearings Officer was correct in that the facility was not as intensive as some that may be allowed in a light industrial zone. He stated that what an RM zone would allow be the opportunity to have multi -family housing that would be more compatible with some of the existing lower -density residential MINUTES 6 AUGUST 12, 1998 0 10 169 - 18U4 uses in the area. He also felt it could provide a good transition between the institutional uses that are allowed in the IL zone that have been developed. Damian stated it does support a change in the zoning other than RS, and it would be up to the Board to decide whether it should be RH or RM. There being no further testimony, Chair Schlangen closed the public hearing. Rebuttal and summation by Dan Kiesow will be allowed in writing. The Board will schedule a work session to be held on Monday afternoon, August 17, 1998, to discuss this issue. APPROVAL OF OUT-OF-STATE TRAVEL FOR JESS ANDERS TO ATTEND PAROLE & PROBATION CONFERENCE SEPTEMBER 26-30, 1998 Before the Board was approval of out-of-state travel for Jess Anders to attend a Parole & Probation Conference on September 26-30, 1998. Roland Gangstee reported Jess Anders would be attending a Parole & Probation Conference in September in Arlington, Virginia. The County costs would be for lodging and meals only as Oregon State Department of Corrections will be paying for registration and travel expenses. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of weekly accounts payable vouchers for $2,238,006.89. SWEARINGEN: NIPPER: MINUTES 7 Move approval, subject to review. Second. AUGUST 12, 1998 VOTE: SCHLANGEN: NIPPER: SWEARINGEN: YES YES YES 11. APPOINTMENT OF JOE BANKOFIER AND BOB JACKSON TO THE DESCHUTES MITIGATION & ENHANCEMENT COMMITTEE Before the Board was appointment of Joe Bankofier and Bob Jackson to the Deschutes Mitigation & Enhancement Committee. NIPPER: So moved. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. SIGNATURE OF SPECIAL TRANSPORTATION SERVICES CONTRACT WITH CENTRAL OREGON INTERGOVERNMENTAL COUNCIL Before the Board was signature of a Special Transportation Services Contract with Central Oregon Intergovernmental Council. NIPPER: So moved. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 13. SIGNATURE OF SPECIAL TRANSPORTATION SERVICES CONTRACT WITH DISABLED AMERICAN VETERANS Before the Board was signature of a Special Transportation Services Contract with Disabled American Veterans. SWEARINGEN: Move approval. NIPPER: Second. MINUTES 8 AUGUST 12, 1998 VOTE: SCHLANGEN: YES 6 �' 8 0 6 NIPPER: YES SWEARINGEN: YES 14. APPOINTMENT OF TOM WRIGHT TO THE AMBULANCE SERVICE AREA ADVISORY COMMITTEE Before the Board was appointment of Tom Wright to the Ambulance Service Area Advisory Committee. NIPPER: Sounds like the right person to me. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 12th day of August, 1998, by the Deschutes County Board of Commissioners. j _ ATTEST: Recording Secre ary Nancy PoP4 ScIllangen, Chair Robe L. Nipper, Commissioner Linda L. Swearingen, Commissioner MINUTES 9 AUGUST 12, 1998