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1998-50895-Minutes for Meeting September 23,1998 Recorded 10/30/1998i 1 6 9 2 211 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 98OCT �I"� �: Wednesday, September 23, 1998 48 MAlRY :-LIE 1;c:NIi0L.L0 Acting Chair Robert L. Nipper called the Board cXUFa(Po4gh Commissioners meeting to order at 10:00 a.m. County Commissioners present were Robert L. Nipper and Linda L. Swearingen. Also present were Mike Maier, County Administrator; Bruce White, Assistant County Counsel; Dave Leslie, Planner; Beverly Wilson, Legal Secretary; Meaghan Houska, Communications Director; Tom Blust, Road Department Director; Kevin Harrison, Planner; Jim Bonnarens, Property Management; George Read, Community Development Director; Catherine Morrow, Planner; and Sue Brewster, Assistant 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 the 4-H/Extension County Service District in the amount of $752.70. SWEARINGEN: Move approval. NIPPER: I'll second that. 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 $12,642.25. MINUTES 1 SEPTEMBER 23, 1998 MICROFILMED N9U 1I8 1998 169 2212 SWEARINGEN: Move approval, subject to review. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED 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 the Bend Library County Service District in the amount of $1,510.21. .SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 4. AWARD OF BEND LIBRARY MOVING CONTRACT TO HALLET & SONS EXPERT MOVERS, INC. Before the Governing Body was award of the Bend Library moving contract to Hallet & Sons Expert Movers, Inc. SWEARINGEN: I would move approval of the Bend Library moving Contract to Hallet & Sons Expert Movers not to exceed $24,000. They were the low bidder. NIPPER: I will second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES MINUTES 2 SEPTEMBER 23, 1998 169 - 2213 5. SIGNATURE OF LETTER OF GUARANTEE TO CITY OF BEND FOR MAINTENANCE OF BEND LIBRARY/WATER/STREET IMPROVEMENTS Before the Governing Body was signature of letter of guarantee to City of Bend for maintenance of Bend Library/Water/Street improvements. SWEARINGEN: Move approval. NIPPER: I'll second it. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 6. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Collective Bargaining Agreement between Deschutes County and Deschutes County Sheriff Employees Association; 2) awarding of Contract for one new and unused backhoe to the low bidder Western Power & Equipment; 3) awarding of Contract for supplying and constructing chain link fence to low bidder Mike's Fence Center, Inc.; 4) awarding of bid for four new and unused hydraulic truck conveyors to Contracts Quarry Supply; 5) approval of draft of Juvenile Prevention Plan as Requested by Governor; 6) signature of Contract with COAST for Ryan White Grant; 7) signature of Contract with COAST for HIV Prevention Grant; 8) approval of out-of-state travel for Mary Anderson to attend National Conference on Domestic Violence; 9) signature of Order No. 98- 141, declaring results of the Sheriff Levy Election; 10) signature, of Order No. 98-142, declaring results of the Library Operating Levy; 11) signature of Orders No. 98-124 and 98-125, authorizing the refund of taxes; 12) appointment of Henry Kelly to the Forestview Special Road District Board; 13 ) appointment of Geoff Whiting to the Deschutes Basin Resource Committee; 14) signature of Liquor Licenses for The Brand Restaurant and Space Age Quick Mart; 15) signature of Order No. 98-136, changing the name of 1st Street in Terrebonne to N. W. 18th Street; and 16) signature of Resolution No. 98-099, MINUTES 3 SEPTEMBER 23, 1998 7. 169 - 2214 transferring appropriations within funds of the 1998-99 Deschutes County Budget. SWEARINGEN: I would move approval of consent agenda items. NIPPER: I will second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES FINAL PUBLIC HEARING ON WITHDRAWAL OF TERRITORY FROM ROAD DISTRICT NO. 1 (JANZEN) AND SIGNATURE OF ORDER NO. 98-139 Before the Board was a public hearing on withdrawal of territory from Road District No. 1 (Janzen) and signature of Order No. 98-139. Beverly Wilson reported this was the final hearing of the withdrawal of 18 parcels from Road District No. 1. She state there were several people wishing to withdraw their name from the petition. She further stated that election laws do not allow people to withdraw their name once they have signed a petition. She reported that even if the three individuals had been allowed to withdraw, there would still be adequate signatures to proceed with the petition. Acting Chair Robert Nipper opened the public hearing. Bruce White stated the purpose of this hearing was to hear objections in sending this to an elections. Fred Janzen read a statement apologizing to the Board of County Commissioners and the Road District Board. He expressed concern regarding money going into a road district from which he received no service or benefit. Commissioner Nipper read a statement into the record. Conrad Ruhl, secretary for Road District No. 1, requested the final decision be postponed. He felt the road district needed more time to review this matter. MINUTES 4 SEPTEMBER 23, 1998 169 - 2215 Commissioner Swearingen discussed the issue regarding no snow plowing of Covina Road. Commissioner Swearingen stated that the contract for snow plowing should not be effected by the withdrawal of Covina. If the County contracts to have the road district snow plow the road then the road should be snow plowed as before. Conrad Ruhl stated that any contract with the County would be honored. Commissioner Swearingen stated that many subdivisions were formed many years ago and they were formed without any infrastructure. The County policy was to go out to work with the subdivisions to form local improvement districts. Conrad Ruhl requested a postponement of the decision 60 to 90 days. Fred Janzen referred to a letter dated January 26, 1998, written by the road district. He also referred to Order No. 86-006, signed January 15, 1986, stated Covina Road had been withdrawn from the road district. June Sebastian stated she had previously been on the road district commission for 7 years. She was there when the road district was formed. She stated Covina Road had been serviced as much as any of the other roads. She stated the dispute with Fred Janzen had gone on since the beginning of the road district. Conrad Ruhl asked if the election would be held in November. Bruce White responded the election would be in March, 1999. Beverly Wilson stated they would need 150 of the registered voters within the district or 100 signatures whichever was less in order to have an election. Commissioner Swearingen asked how many days following the signature of the order to withdraw would the road district have to valid signature brought in to the County. Bruce White stated the purpose of the second hearing was to hear testimony in support of an election. Bruce stated that legally the Board did not have to give the road district additional time. Commissioner Swearingen as if the Board could agree to MINUTES 5 SEPTEMBER 23, 1998 169 _ 2216 withdraw property and give the road district an additional 10 days to get signatures. Bruce White stated the County Clerk would have to verify if there were sufficient electorates. Beverly Wilson stated she had evidence that Mr. Janzen mailed a copy of the petition to Mary Wallace, Road District Board, on July 27, 1998. She stated the road district had known about the petition for withdrawal since then. Beverly Wilson stated the petition included 18 parcels, but Mr. Janzen obtained signatures of people living on other roads. The legal description included only the 18 parcels. Bruce White pointed out that it was not the district that called for an election but the electors. He stated it was up to the Board whether they wished to make grant an extension. Fred Janzen stated there was a road district for 28 years and County paved roads for 13 years. He stated he opposed any extension of time. Nick VanWagner asked if this was only effecting properties on Covina. Commissioner Swearingen responded that if you live in the district you are a part of the electorate and you don't want Covina withdrawn you would have an opportunity to vote against it. Commissioner Swearingen asked for a show of hands in support of not allowing the withdrawal. Bruce White 150 of the electors or 100 whichever was the lesser number. There being no further testimony, Acting Chair Robert Nipper closed the public hearing. Commissioner Swearingen felt Fred Janzen had proven that the property on Covina Road did not receive any services from the road district. She stated she was sympathetic to the road district but for almost two year she had heard about the MINUTES 6 SEPTEMBER 23, 1998 169 - 2217 desire of Covina Road to be withdrawn from the road district. She felt Mr. Janzen had made a case to be withdrawn. SWEARINGEN: So moved. We would like an order to be prepared to withdraw the territory from Road District #l. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Commissioner Swearingen requested Tom Blust meet with the road district to form a local improvement district or work it out in some manner with the road district. Beverly stated the order would include the fact that there were not sufficient written requests for an election. 8. PUBLIC HEARING FOR THE SURRENDER AND TRANSFER OF CERTAIN COUNTY ROADS INTO THE CITY OF BEND JURISDICTION AND SIGNATURE OF ORDER NO. 98-137, OFFERING SAID TRANSFER Before the Board was a public hearing for the surrender and transfer of certain county roads into the City of Bend jurisdiction and signature of Order No. 98-137, offering said transfer. Tom Blust stated the County was obligated to turn over roads which were within the City limits. Acting Chair Robert Nipper opened the public hearing. There being no testimony, the public hearing was closed. SWEARINGEN: I would move signature of Order No. 98-137. NIPPER: I would second that. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: EXCUSED YES YES MINUTES 7 SEPTEMBER 23, 1998 9. 169 -1 2218 PUBLIC HEARING ON ADOPTION OF ORDINANCE NO. 98-055. AMENDING TITLE 18, REZONING CERTAIN PROPERTY IN SUNRIVER Before the Board was a public hearing on adoption of Ordinance No. 98-055, amending Title 18, rezoning certain property in Sunriver. Dave Leslie stated this was a mistake when it was zoned for single family purposes. It had been zoned RM and it should. This ordinance would correct that error. Acting Chair Robert Nipper opened the public hearing. Dave Ganvy testified. He stated he bought a ranch cabin close to the subject property. He stated it was a storage facility for Sunriver. He asked how it could go from a storage facility to a single family parcel. Dave Leslie stated the property in questioned by Dave Ganvy was not the parcel that was the subject of the hearing today. There being no further testimony, the public hearing was closed. SWEARINGEN: I would move for the first and second reading of Ordinance No. 98-055, by title only. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Acting Chair Robert Nipper preformed the first and second reading of Ordinance No.98-055, by title only. SWEARINGEN: I would for adoption of Ordinance No. 98-055. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES MINUTES 8 SEPTEMBER 23, 1998 169 - 2219 10. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO. 98-056, AMENDING TITLE 18, TO ALLOW THE ESTABLISHMENT OF A GUEST RANCH AS A CONDITIONAL USE IN THE EFU ZONE Before the Board was a public hearing on adoption of Ordinance No. 98-056, amending Title 18, to allow the establishment of a guest ranch as a conditional use in the EFU Zone. Brian Harrington reported this was a legislative amendment to the exclusive farm use zone to include guest ranches as a conditional use. The text amendment would incorporate the provisions House Bill 2014. The text amendment would allow the establishment of a guest ranch in Eastern Oregon. This amendment would sunset on December 31, 2001. Brian noted that on May 28, the Planning Commission reviewed this issue and on Augusta 13, 1998, they recommended approval. Acting Chair Robert Nipper opened the public hearing. Bob Shotwell asked if this meant that guest ranches were allowed in any EFU Zone or was this only for a specific parcel. Brian responded this was a legislative amendment that applied to exclusive farm use zones in general County wide. There being no further testimony, the public hearing was closed. SWEARINGEN: I would move the first and second reading of Ordinance No. 98-056, by title only. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Acting Chair Robert Nipper performed the first and second reading of Ordinance No. 98-056, by title only. SWEARINGEN: I would move adoption of Ordinance No. 98-056. MINUTES 9 SEPTEMBER 23, 1998 169 - 2220 NIPPER: I will second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 11. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO. 98-057, AMENDING TITLE 21, SISTERS AREA ZONING ORDINANCE TO ALLOW SINGLE FAMILY DWELLINGS & PLANNED UNIT DEVELOPMENTS AS CONDITIONAL USES Before the Board was a public hearing on adoption of Ordinance No. 98-057, amending Title 21, Sisters Area Zoning Ordinance to allow single family dwellings and planned unit developments as conditional uses. Brian Harrington reported this was a legislative text amendment to allow single family dwellings and planned unit developments as conditional uses and applies only the RH district in the Sisters Urban Area. Acting Chair Robert Nipper opened the public hearing. Neal Thompson stated there was an acknowledged comprehensive plan and management agreement. He felt this should be adopted to be consistent. He stated they were not meeting the demand for high density affordable housing in Sisters. Commissioner Swearingen stated there was a reason for that which was because they did not have a sewer. She felt if this had been allowed early on they would not have had the urban sprawl. Commissioner Nipper asked if there were system development charges to pay for sewers, etc. for Sisters. Neal Thompson stated this was in the process but had not been adopted yet. He further stated this was consistent with RH designated zones in Redmond and Bend. He felt there was an adequate supply of RH land in Sisters. Tia Lewis testified on behalf of the applicant. She stated there was a development plan on the table. She stated the text amendment was proposed because there was a need for it. MINUTES 10 SEPTEMBER 23, 1998 0 169 - 2221 She felt the proposed uses would be conditional. She stated the language proposed by DLCD did not provide for consistency. This proposal was consistent with the Sisters Urban Area Comprehensive Plan. This would allow a great allowance for type but does not change the density. She felt it very important that consistency be maintained. Lauren Wooly, representing DLCD, testified. The question was what type of amendment was appropriate. He stated if this property was zoned medium density, we would not have this discussion at all. A text amendment affects the entire zoning district. Goal #10 requires you look at income levels, the land, etc. to make sure as much as possible that you meet the needs of the entire community. He felt there could be an evolution of zone. Commissioner Swearingen felt the wording proposed by DLCD would leave it open for more appeals. Lauren stated allowing the single family dwelling units would cause concern. He stated they have been working with communities throughout the state to deal with these issues. Commissioner Swearingen felt the documents should change over time. Commissioner Nipper stated they should address the regional concerns. Commissioner Swearingen felt the proposed language addressed issues sorely needing addressing. Commissioner Nipper felt that since the Planning Commission had recommended it, the Board should go with it. Commissioner Swearingen stated people just want to build on their own land. Commissioner Nipper stated the community of Sisters was concerned about infrastructure. He felt the regional concerns needed to be addressed. MINUTES 11 SEPTEMBER 23, 1998 169 - 2222 Lauren Wooly, DLCD, felt this was not the appropriate way to handle this amendment. He felt a map amendment would not be opposed. Tia Lewis stated they did this as a text amendment rather than a zone change because it would be in the best interest of Sisters for the future. There being no further testimony, the public hearing was closed. SWEARINGEN: I would move the first and second reading of Ordinance No. 98-057, by title only, and use Exhibit A which was the applicants proposal. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Acting Chair Robert Nipper performed for the first and second reading of Ordinance No. 98-057, by title only. SWEARINGEN: I would move adoption of Ordinance No. 98-057 with Exhibit A. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 12. PUBLIC HEARING ON ADOPTION OF THE DESCHUTES COUNTY AND SISTERS URBAN GROWTH MANAGEMENT AGREEMENT Before the Board was a public hearing on adoption of the Deschutes County and Sisters Urban Growth Management Agreement. Bruce White stated this has been on the horizon for some time. The City of Sisters has had a public hearing on this. This transfers the planning to the City of Sisters. City of MINUTES 12 SEPTEMBER 23, 1998 169 - 2223 Sisters would exercise our authority under this agreement to process legislative text amendments, land use permits, appeals of those permits would go before the City Council and the Board of County Commissioner's authority would be limited to making final decisions on text amendments and changes in the urban growth boundary. He stated the current ordinances would need to be adjusted. He stated both parties agreed to do this under this agreement to make necessary changes. George Read felt the transfer of roads needed to tied to this agreement which was not the case at this time. Commissioner Swearingen stated she felt comfortable with the agreement as it was at this time. Bruce White stated there was no effective date. He felt there needed to be a date worked out with the City of Sisters. Neal Thompson requested the County Commissioners delay adoption of this until they have the ability to research the issues that had been raised. Tia Lewis requested the Board make the effective date as soon as possible. Acting Chair Robert Nipper opened the public hearing. There being no further testimony, the public hearing was held open until next Wednesday, September 30, 1998. 13. PUBLIC HEARING ON POSSIBLE LAND EXCHANGE BETWEEN DESCHUTES COUNTY'S SMITH ROCK PROPERTIES AND OREGON STATE PARKS HIGHWAY 97 PROPERTIES Before the Board was a public hearing on possible land exchange between Deschutes County's Smith Rock properties and Oregon State Parks Highway 97 properties. Rick Isham reviewed the exchange of these properties with the Board. Acting Chair Robert Nipper opened the public hearing. There being no testimony, the public hearing was closed. No action was taken on this item. MINUTES 13 SEPTEMBER 23, 1998 169 2224 14. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $672,996.58. SWEARINGEN: Move approval, subject to review. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 15. SIGNATURE OF DEED OF DEDICATION FOR 30 FEET OF 19TH STREET IN REDMOND ON WESTERLY BOUNDARY OF NEW FAIRGROUNDS Before the Board was signature of a Deed of Dedication for 30 feet of 19th Street in Redmond on Westerly boundary of new fairgrounds. Rick Isham reviewed this issue with the Board. Commissioner Swearingen stated that if we had agreed as part of an appeal to give the 30 feet, we needed to go ahead and do that. She felt that before there was a dollar amount agreed to for 19th Street, they needed to justify using fairground bond proceeds on an improvement that does not benefit the fairgrounds. SWEARINGEN: I move signature of Deed of Dedication for 30 feet of 19th Street in Redmond on the Westerly boundary of the new fairgrounds in accordance to the agreement we signed with the City of Redmond. NIPPER: I'll second that. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: EXCUSED YES YES MINUTES 14 SEPTEMBER 23, 1998 169 - 2225 16. ADOPTION OF DESCHUTES COUNTY GENERAL POLICY P-012-98, DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE BENEFITS ADVISORY COMMITTEE Before the Board was adoption of Deschutes County General Policy P-012-98, Duties and Responsibilities of the Employee Benefits Advisory Committee. SWEARINGEN: I move adoption of Deschutes County General Policy P-012-98. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES DATED this 23rd day of September, 1998, by the Deschutes County Board of Commissioners. ATTEST: (D 1.07 - -- .41 - Recording Secretary Nancy ope Schlangen, Chair da L. Swearingen, Commissioner MINUTES 15 SEPTEMBER 23, 1998