1998-47097-Minutes for Meeting August 26,1998 Recorded 10/1/1998169 - 1808
98-4'709'7
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERV OCT -i PH 1:13
Wednesday, August 26, 1998 r;_I,, ,L
LOW
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Chair Nancy Pope Schlangen called the Deschutes County Boar of
Commissioners meeting to order at 10:02 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; Bruce
White, Assistant County Counsel; Dave Leslie, Planner; Catherine
Morrow, Planner; George Read, Community Development Director;
Damian Syrnyk, Planner; and Rick Isham, County Counsel.
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 $1,213.60.
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 $2,703.04.
NIPPER: Move approval subject to review.
MINUTES 1 AUGUST 26, 1998
MICROFILMED
OCT 24 1998
3.
4.
169 - 1809
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
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 Bend Library County Service District in
the amount of $5,478.77.
SWEARINGEN
NIPPER:
Move approval.
Second.
VOTE: SCHLANGEN: YES
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 Federal Bureau of Investigation Lease
with Deschutes County; 2) signature of Order No. 98-112,
vacating all of Nashua Lane, Secretariat Drive, Man O'War, and
Whirlaway Road as platted in Wild Horse Meadows Subdivision;
3) signature of Acceptance of Dedications for public way off
of Ward Road; 4) approval of waiving bond requirements for
purchasing of equipment; 5) approval of out-of-state travel
for Dan Peddycord to Northwest Regional Disaster Health &
Medical Conference in Tacoma, Washington; 6) approval of out-
of-state travel for Elaine Severson at attend conference on
using statistical data to do program development; 7) signature
of Intergovernmental Agreement between Deschutes County Health
Department and State of Oregon Department of Human Resources
for STARS; 8) signature of Resolution No. 98-059, declaring
MINUTES 2 AUGUST 26, 1998
13
the intent of Deschutes County Human Services to acquire
property at 1031 N. E. Penn Street for a Crisis/Respite Care
Facility; 9) signature of Lease and Personal Services Contract
with Rise Inc. as service provider for Breitenbush Foster Care
Home; 10) signature of Indemnity Agreement for Eagles -Chuck
Austin Memorial Run to be held On September 7, 1998; 11)
signature of Indemnity Agreement for Cascade Lakes Triathlon
to be held on September 12, 1998; 12) signature of Order No.
98-127, amending Order No. 94-138, designating certain real
property as County parks to be used exclusively for public
purposes; 13) signature of Orders No. 98-120 and 98-121,
authorizing the refund of taxes; 14) reappointment of William
Hunt and Norbert Volny to the Building Codes Board of Appeals;
15) appointment of Robert Lengele to the Black Butte Ranch
Service District Managing Board; 16) signature of Liquor
Licenses for Chen's Garden, Broken Top Club, Twin Lakes
Resort, Bend Golf Club, Deschutes River Trout House, Coho
Grill & Catering Service, Sunriver Lodge & Resort, Baja Norte,
Black Butte General Store, Wood Mark Bowl, Mountain High Golf
Course, Wickiup Junction; and 17) approval of out-of-state
travel for Dennis Perkins.
NIPPER: I'll move approval of the consent agenda
items.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
5. PUBLIC HEARING ON CONSIDERATION OF ADOPTION OF ORDINANCES NO.
98-040, 98-041, 98-042, 98-052 AND 98-053, TO ADOPT AMENDMENTS
TO BE CONSISTENT WITH THE BEND ZONING CODE
Before the Board was a public hearing on adoption of
Ordinances No. 98-040, 98-041, 98-042, 98-052, and 98-053, to
adopt amendments to be consistent with the Bend Zoning Code.
Bruce White reviewed the proposed ordinances with the Board of
County Commissioners. He stated that in each of these
ordinances the County would be adopting the comparable City
Code to apply within the Urban Growth Boundary.
MINUTES 3 AUGUST 26, 1998
Chair Schlangen opened the public hearing.
Deborah McMann, City of Bend, stated these ordinances would
fulfill compliance with the Intergovernmental Agreement.
Dan Kiesow testified. He felt it was very confusing and the
City was not clear as to who was going to do what. He felt
the zones should be reclassified first. He questioned who
would reclassify the zones and when it would be done. He had
numerous questions about the SR2.5 zone.
Deborah McMann testified regarding the SR 2.5 issues. When
these zones are taken in, they would be rezoned and
reclassified to the most comparable zone the City had. She
stated it was the City's intention, if lands were annexed to
the City with County zoning designations, they would be
rezoned appropriately to the most similar zone.
Sharon Smith, on behalf of the school district, testified
regarding the height exception. Sharon requested the Board
adopt the City Codes but vote to include the height exceptions
for the schools.
Commissioner Swearingen stated she was uncomfortable doing
that but she would not have a problem doing that if that was
acceptable to the City.
Deborah McMann stated the City has traditionally asked for
Conditional Use Permits to be obtained for height exceptions
even for schools.
Commissioner Swearingen felt the public should have the
opportunity to testify on the height exception.
There being no further testimony, the public hearing was
closed.
George Read stated the reason the school district applied to
the County to change the height was because of gymnasiums.
The change for the height exception was reviewed and
recommended to the County by the Planning Commission. He felt
the criteria for the height exception at the City was very
general and could be difficult with which to work.
MINUTES 4 AUGUST 26, 1998
169 - 1812
Sharon Smith stated she was here today because of the timing.
She stated had they known that the City was going to be the
one with jurisdiction, they would have started working with
the City long ago.
Chair Schlangen closed the public hearing.
NIPPER: I will move first and second reading of
Ordinance No. 98-040, by title only.
SWEARINGEN: I will second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-040, by title only.
SWEARINGEN: I move adoption of Ordinance No. 98-040.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
NIPPER: I will move first and second reading of
Ordinance No. 98-041, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-041, by title only.
SWEARINGEN: I move adoption of Ordinance No. 98-041.
NIPPER: Second.
MINUTES 5 AUGUST 26, 1998
169 - 1613
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
NIPPER:
I'll move first and second reading
of
Ordinance No. 98-042, by title only.
SWEARINGEN:
Second.
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading
of
Ordinance No.
98-042, by title only.
SWEARINGEN:
I move adoption of Ordinance No. 98-042.
NIPPER:
Second. -
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
NIPPER:
I'll move first and second reading
of
Ordinance No. 98-052, by title only.
SWEARINGEN:
Second.
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading
of
Ordinance No.
98-052, by title only.
SWEARINGEN:
Move adoption of Ordinance No. 98-052.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
NIPPER: YES
MINUTES 6
AUGUST 26, 1998
SWEARINGEN: YES
169 - 1814
NIPPER: I'll move first and second reading of
Ordinance No. 98-053, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-053, by title only.
SWEARINGEN: I move adoption of Ordinance No. 98-053.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
DECISION OF APPEAL A-98-3 OF HEARINGS OFFICER'S APPROVAL OF
TENTATIVE PLAT TP -96-873 BY ASPEN LAKES DEVELOPMENT
Before the Board was a decision on Appeal A-98-3 of the
Hearings Officer's approval of tentative plat TP -96-873 by
Aspen Lakes Development.
Dave Leslie reported there was a draft decision before the
Board. It included modifications to the earlier decision.
Staff recommended the decision be approved.
Commissioner Swearingen asked if this would work.
Liz Fancher, attorney for the applicant, stated she hoped so.
SWEARINGEN:
NIPPER:
MINUTES 7
I would move substituting the decision of the
hearings officer.
Second.
AUGUST 26, 1998
7
Nv
169 - 1615
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
DECISION ON APPEAL A-98-9, AN APPEAL OF THE HEARINGS OFFICERS
DECISION ON PA -98-3 AND ZC-98-2 BY DANIEL KIESOW
Before the Board was a decision on Appeal A-98-9, an appeal of
the Hearings Officer's decision on PA -98-3 and ZC-98-2 by
Daniel Kiesow.
Damian Syrnyk stated there was a public hearing on August 12,
1998. This item was also discussed further as a work session
on Tuesday, August 18, 1998. This was a request for a plan
amendment and zone change on 7.7 acres of land across the
street from the new Deschutes County Juvenile Justice
facility. Damian requested the Board make an oral decision on
the record today.
NIPPER: I will move that we uphold the Hearings
Officer's decision except on the eastern 3.3
acres which should be changed to RM.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
ADOPTION OF ORDINANCE NO. 98-037, NONCONFORMING USE STANDARDS,
TO MAKE THEM CONSISTENT WITH ORS 215.130
Before the Board was adoption of Ordinance No. 98-037,
Nonconforming Use Standards, to make them consistent with ORS
215.130.
Bruce White noted there was some language suggested by an
attorney representing the Suydams and that language was not
put in the ordinance.
SWEARINGEN:
I move that we have the first and second
reading of Ordinance No. 98-037, by title
only.
MINUTES 8 AUGUST 26, 1998
169°1816
NIPPER: I will enthusiastically second that.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-037, by title only.
NIPPER: I'll move adoption of Ordinance No. 98-037.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
9. ADOPTION OF ORDINANCE NO. 98-044, REPEALING AND REPLACING THE
DESCHUTES COUNTY COMPREHENSIVE PLAN TRANSPORTATION CHAPTER,
ORDINANCE NO. 98-047, REPEALING AND REPLACING THE DESCHUTES
COUNTY COMPREHENSIVE PLAN TRANSPORTATION SYSTEM MAP, ORDINANCE
NO. 98-048, REPEALING AND REPLACING TABLE A IN TITLE 17,
SUBDIVISIONS, OF THE DESCHUTES COUNTY CODE, AND ORDINANCE NO.
98-049, AMENDING TITLE 12, ROAD, SIDEWALKS, AND PUBLIC PLACES,
OF THE DESCHUTES COUNTY CODE
Before the Board was adoption of Ordinance No. 98-044,
repealing and replacing the Deschutes County Comprehensive
Plan Transportation Chapter, Ordinance No 98-047, repealing
and replacing the Deschutes County Comprehensive Plan
Transportation System Map, Ordinance No. 98-048, repealing and
replacing Table A in the Title 17, Subdivisions, of the
Deschutes County Code, and Ordinance No. 98-049, amending
Title 12, Road, Sidewalks, and Public Places, of the Deschutes
County Code.
NIPPER
SWEARINGEN:
I will move first and second reading of
Ordinance No. 98-044, by title only.
Second.
MINUTES 9 AUGUST 26, 1998
169
1817
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first
and second reading
of
Ordinance No.
98-044, by title only.
SWEARINGEN:
Move adoption of Ordinance No. 98-044.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
NIPPER:
I will move first
and second reading
of
Ordinance No. 98-047,
by title only.
SWEARINGEN:
Second.
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first
and second reading
of
Ordinance No.
98-047, by title only.
SWEARINGEN:
I would move adoption
of Ordinance No. 98-047.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
SWEARINGEN:
I would move the first
and second reading
of
Ordinance No. 98-048,
by title only.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 10
AUGUST 26, 1998
189 w 1818
Chair Schlangen performed the first and second reading of
Ordinance No. 98-048, by title only.
NIPPER: I'll move adoption of Ordinance No. 98-048.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-049, by title only.
SWEARINGEN: I would move first and second reading of
Ordinance No. 98-049, by title only.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
NIPPER: I move adoption of Ordinance No. 98-049.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Catherine Morrow complimented Steve Jorgensen on the job he
had done on the transportation system plan.
10. APPOINTMENT OF APPLICANT TO DESCHUTES COUNTY PLANNING
COMMISSION
Before the Board was appointment of Frank Deggendorfer to the
Deschutes County Planning Commission.
George Read reported Frank Deggendorfer was the recommended
person for the Planning Commission.
MINUTES 11 AUGUST 26, 1998
169 - 1819-
SWEARINGEN: I would move appointment of Frank Deggendorfer
to the Deschutes County Planning Commission.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
11. REAPPOINTMENT OF PAUL HOCH TO THE FOUR RIVERS VECTOR CONTROL
DISTRICT
Before the Board was reappointment of Paul Hoch to the Four
Rivers Vector Control District.
SWEARINGEN: So moved.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
12. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $557,893.86.
NIPPER: Move approval, subject to review.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
13. SIGNATURE OF SPECIAL TRANSPORTATION SERVICES CONTRACT WITH
BEND DIAL -A -RIDE
Before the Board was signature of a Special Transportation
Services Contract with Bend Dial -a -ride.
SWEARINGEN: Move approval.
MINUTES 12 AUGUST 26, 1998
169 - 1820
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: EXCUSED
SWEARINGEN: YES
14. SIGNATURE OF ORDER NO. 98-131, DECLINING REVIEW OF AN APPEAL
A-98-12 OF THE HEARINGS OFFICER'S DECISION
Before the Board was signature of Order No. 98-131, declining
review of an appeal of A-98-12 of the Hearings Officer's
decision.
Damian stated Jim and Mary Shell had applied for a conditional
use permit to establish a non-farm dwelling. This had been
appealed by a neighbor. The neighbors felt the Shell's access
to Horse Butte Road along Horse Butte Trail was not adequate.
The Hearings Officer upheld the approval of the conditional
use permit with the written decision dated August '13, 1998.
The appeal was submitted on Monday, August 17, 1998, by the
neighbors. The Hearings Officer had determined through her
written decision, that the applicants had established that
they had access which was adequate to Horse Butte Road. The
appellants had not raised any policy issues.
NIPPER: I will move that we decline review of Appeal
A-98-12 and move signature of Order No. 98-
131.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
15. REAPPOINTMENT OF LINDA HANSEN AND TERRY ANN SPRECHER TO THE
DESCHUTES BASIN RESOURCE COMMITTEE
Before the Board was reappointment of Linda Hansen and Terry
Ann Sprecher to the Deschutes Basin Resource Committee.
SWEARINGEN: So moved.
MINUTES 13 AUGUST 26, 1998
SCHLANGEN: Second.
VOTE: SCHLANGEN:
NIPPER:
SWEARINGEN:
YES
EXCUSED
YES
169 - 1621
DATED this 26th day of August, 1998, by the Deschutes County
Board of Commissioners.
ATTEST:
(I. - L��lz tl�- -
Recording Secretary
i
4-"/
inda L. Swearingen, ommissioner
MINUTES 14 AUGUST 26, 1998