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1998-57999-Minutes for Meeting October 14,1998 Recorded 12/18/199898-5'7999 MINUTES 170 - 0517 DESCHUTES COUNTY BOARD OF COMMISSIONERS'$ 6;36, Wednesday, October 14, 199898 O LU IJL PENIIOLLOW Chair Nancy Pope Schlangen called the Board of Cou q�Wj1(Vb'(n6t1W goners 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 Bruce White, Assistant County Counsel; Damian Syrnyk, Planner; Brian Harrington, Planner; Dave Leslie, Planner; Kevin Harrison, Planner; Meaghan Houska, Communications Director; Heidi Kenneday, Planner; and George Read, Community Development Director. 1. SIGNATURE OF RESOLUTION NO. 98-095, DECLARING OCTOBER AS DISABILITY EMPLOYMENT AWARENESS MONTH IN DESCHUTES COUNTY Before the Board was signature of Resolution No. 98-095, declaring October as Disability Employment Awareness Month in Deschutes County. Lynn Gardner reported this was National Disability Awareness Month. Christy, CORIL, reported that on October 28, 1998, there would be a program at COCC with exhibits and demonstrations for people with disabilities. This program would be held in the rotunda at the library at Central Oregon Community College. Dan Horton reported the theme for this year was "Opening Doors to Ability." SWEARINGEN: I would move signature of Resolution No. 98- 095. SCHLANGEN: I will second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 1 OCTOBER 14, 1998 1AICRORWEp `'Y, DEC 3 ,0 X998 17® 0518 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 $1,354.20. NIPPER: So moved. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 3. 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 $1,692.77. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT MINUTES 2 OCTOBER 14, 1998 0 S. C. 17D - 0519 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 $241,553.38. NIPPER: So moved, subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for Sunriver Library County Service District in the amount of $245.00. SWEARINGEN: NIPPER: So moved. Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) award of Contract to Del Barber Excavation, Inc. for screening, loading and hauling cinder rock from Horse Butte to Knott Landfill; 2) signature of Resolution No. 98-114, declaring personal computers as surplus equipment and MINUTES 3 OCTOBER 14, 1998 170 _ 0520 directing disposition; 3) signature of Orders No. 98-153, 98- 154 and 98-155, establishing designated speed limits on Lunar Drive, Stellar Drive, and Solar Drive; 4) acceptance of the basic plan portion of the County's Emergency Operations Plan; 5) signature of Resolution No. 98-113, appropriating new grant funds; 6) approval of expenditure of $40,000 for RPS Consultant in community designs; 7) signature of Resolution No. 98-102, transferring appropriations within the 1998-99 Deschutes County Budget; 8) approval of HTE Financial Software Contract and computer purchase; 9) approval of IBM financing for HTE Software and computer purchase; 10) signature of Orders No. 98-147 and 98-148, authorizing the refund of taxes; 11) signature of Resolution No. 98-103, transferring appropriations within the 1998-99 Deschutes County Budget; 12) signature of Order No. 98-152, amending Order No. 98-105, to correct the legal description, and 13) signature of Order No. 98-156, amending Order No. 96-081, to correct the legal description. NIPPER: I'll move approval of consent agenda items. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 7. ADOPTION OF ORDINANCE NO. 98-058, AMENDING THE_TRANSPORTATICN PLAN, THE MAP OF THE BEND AREA GENERAL PLAN AT THE REQUEST OF JERIKO DEVELOPMENT Before the Board was adoption of Ordinance No. 98-058, amending the Transportation Plan, the Map of the Bend Area General Plan at the request of Jeriko Development. NIPPER: I'll move first and second reading of Ordinance No. 98-058, by title only;. SWEARINGEN: Second. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: MINUTES 4 OCTOBER 14, 1998 YES YES YES 170 - obzl Chair Nancy Pope Schlangen performed the first and second reading of Ordinance No. 98-058, by title only. NIPPER: Move adoption of Ordinance No. 98-058. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 8. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO. 98-066, AMENDING TITLE 18, OF THE DESCHUTES COUNTY CODE REGARDING SEPTIC PERMITS IN THE LM ZONE Before the Board was a public hearing on adoption of Ordinance No. 98-066, amending Title 18, of the Deschutes County Code regarding septic permits in the LM Zone. Dave Leslie reported this ordinance was a housekeeping matter. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. NIPPER: I'll move first and second reading of Ordinance No. 98-066, by title only. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Nancy Pope Schlangen performed the first and second reading of Ordinance No. 98-066, by title only. NIPPER: I'll move adoption of Ordinance No. 98-066. SWEARINGEN: Second. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: MINUTES 5 OCTOBER 14, 1998 YES YES YES 170 - 0522 9. PUBLIC HEARING ON ZONE CHANGE AND PLAN AMENDMENT TO CHANGE THE ZONING ON A 6.5 ACRE PARCEL FROM EFU TO RI. INCLUDING A GOAL EXCEPTION Before the Board was a public hearing on a zone change and plan amendment to change the zoning on a 6.5 acre parcel from EFU to RI, including a goal exception. Brian Harrington posted the applicable criteria on the overhead screen as well as making copies available to the audience. Brian Harrington asked if any of the Board members had any prehearing contacts. Commissioner Linda Swearingen, Commissioner Bob Nipper and Commissioner Nancy Schlangen reported they had none. Brian Harrington also asked if there had been any exparta contacts by any Board member. All Board members report none. Brian Harrington ask if any there were audiences members who challenge the Board of bias. There were no challenges forthcoming from the audience. Brian Harrington reported there were two previous hearings on this issue. Chair Schlangen opened the public hearing. Sharon Smith, representing Cascade Pumice, discussed the map and location of the new interchange located at Deschutes Junction. Commissioner Swearingen asked if there was a copy of the financial agreement with which Cascade Pumice had with the Oregon Department of Transportation. Sharon Smith stated she did not think there was an entire financial agreement submitted into the record. She stated there was an excerpt in the record which described the appraisal and the explanation of loss to Cascade Pumice, which was Exhibit 8 to the supplemental burden of proof. Sharon Smith stated Oregon Department of Transportation purchased the property which included a mix of rural industrial and EFU property. The also paid for the cost to relocate the office and scales and they paid for a portion of MINUTES 6 OCTOBER 14, 1998 170 -0523 the site plan approval for the relocation and the renovation that needed to occur in order to accomplish that. She stated the purpose was to request that Cascade Pumice not have an overlay zone. Cascade Pumice was requesting this in order to be in the same position as they were before the Oregon Department of Transportation acquired the property with the same option for uses. Sharon Smith felt that if there was the overlay zone, there would an isolated parcel of property next to a rural industrial zone with an overlay. She felt that if Dugan Pearsall wanted to expand his operation or do something else, he would only be able to do so on a portion of the property. Sharon felt the Hearings Officer had a narrow reading. Dugan Pearsall, President of Cascade Pumice, reported the financial agreement was entered into several years ago. He stated Oregon Department of Transportation took 4 or 5 acres of industrial land that Cascade Pumice had and he felt that the narrow opinion of the Hearings Office had caused them to go backwards. He felt they had been agreeable to the whole process, but the property had been split up. Commissioner Swearingen asked if they let Oregon Department of Transportation know Cascade Pumice was going to pursue a zone change. Dugan stated they had been informed. Oregon Department of Transportation had never said they would support it, but they also never stated they would oppose it. Fran Franklin testified that she felt Cascade Pumice should be able to have their way. She felt Tony Aceti and Cascade Pumice should be allowed .to do what they want to with their land. Mark Devoney, representing Oregon Department of Transportation, 63034 O.B. Riley Road, testified. Commissioner Swearingen read from a letter written by Peter Russell of the Oregon Department of Transportation. Mark Devoney reported Cascade Pumice was paid $22, 000 per acre for the 4 3� acres that were taken. He felt that if they were paid fair market value by the taxpayer for the land that was MINUTES 7 OCTOBER 14, 1998 170 - 0524 lost, and then wanted to replace it, it would be double dipping. Commissioner Nipper asked if Oregon Department of Transportation got what they wanted out of the property they purchased. Mark Devoney stated they had. Mark Devoney stated they main reason they were concerned was the issue of rezoning land to more intensive uses in rural fringe areas where taxpayers were investing dollars. He felt that in this case, they were generating a potential of 300 trips per day over what it could be if it were aggregate resource processing which was the type of use there now. Mark Devoney stated ODOT was not technically opposing this application. He felt the communication should have been better than it was in this situation. Cliff Houck, Oregon Department of Transportation, reported Cascade Pumice was compensated $189,400 which included a little over 4 acres of industrial property at $22,000 per acre. There also was a letter that addressed the issue of the septic problem on the property. Commissioner Swearingen asked why the applicant signed an agreement without the zoning issue in there when they knew they would want to do a zone change. Sharon Smith reported they had told Oregon Department of Transportation from the very beginning they would applying for a zone change. She stated the zone change was no surprise to them. There being no further testimony, Acting Chair Bob Nipper closed the public hearing. Commissioner Swearingen stated she was going to have_to agree with the Hearings Officer. She didn't think the record supported going to an outright rural industrial zone. SWEARINGEN: I would move that we uphold the Hearings Officer's decision file PA-98-2/ZC-98-1 in regards to Cascade Pumice and move that the MINUTES 8 OCTOBER 14, 1998 170 = 0525 approval is granted for a plan amendment and zone change from agricultural and EFU zone to rural industrial with a limited use combining zone for storage, crushing, processing, sale and distribution of pumice only. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 10. CONTINUED PUBLIC HEARING ON ADOPTION OF THE SISTERS AND DESCHUTES COUNTY URBAN GROWTH MANAGEMENT AGREEMENT Before the Board was a continued public hearing on adoption of the Sisters and Deschutes County Urban Growth Management Agreement. Bruce White proposed continuing the public hearing to next week. Acting Chair Robert Nipper closed the public hearing. SWEARINGEN: I would move adoption of the Sisters and Deschutes County Urban Growth Management Agreement. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 11. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $783,932.13. SWEARINGEN: NIPPER: MINUTES 9 Move approval, subject to review. I'll second that. OCTOBER 14, 1998 170 - 0526 VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 12. REAPPOINTMENT OF LARRY KIMMEL TO THE DESCHUTES COUNTY BUDGET COMMITTEE Before the Board was reappointment of Larry Kimmel to the Deschutes County Budget Committee. SWEARINGEN: Move approval of appointment of Larry Kimmel to the County Budget Committee. NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 13. APPOINTMENT OF DAVE ALDEN TO THE DESCHUTES COUNTY WATERSHED COUNCIL Before the Board was appointment of Dave Alden to the Deschutes County Watershed Council. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 14. APPROVAL OF OUT-OF-STATE TRAVEL FOR ROGER EVERETTTO ATTEND NATIONAL ON-SITE WASTEWATER ASSOCIATION CONFERENCE Before the Board was approval of out-of-state travel for Roger Everett to attend the National On-site Wastewater Association Conference. SWEARINGEN: Move approval. NIPPER: Second. MINUTES 10 OCTOBER 14, 1998 170 _ 0527 VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 15. SIGNATURE OF LIQUOR LICENSE FOR WIDGI CREEK GOLF CLUB Before the Board was signature of a liquor license for Widgi Creek Golf Club. SWEARINGEN: Move approval. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 16. SIGNATURE OF UTILITY EASEMENT AGREEMENT Before the Board was signature of a utility Easement Agreement relating to the utilities on the new fairgrounds. SWEARINGEN: I would move that we accept this easement agreement with the City of Redmond. NIPPER: I'll second it. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 17. SIGNATURE OF LETTER BOND AGREEMENT WITH THE CITY OF REDMOND Before the Board was signature of a Letter Bond Agreement with the City of Redmond for the one year guarantee period on the public improvements that were constructed on the new fairgrounds project. NIPPER: So moved. SWEARINGEN: Second. MINUTES 11 OCTOBER 14, 1998 170 - 0528 VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 18. SIGNATURE OF AGREEMENT BETWEEN THE CITY OF REDMOND AND DESCHUTES COUNTY FOR IMPROVEMENTS ON 19TH STREET Before the Board was signature of an Agreement between the City of Redmond and Deschutes County for improvements on 19th Street which was a road yet to be constructed. Rick Isham reported the agreement provided that the fair would be responsible for paving $53,000 approximately for sidewalks. The remainder of the cost estimate on the 19th Street improvement that was being attributed to the fairgrounds would be payable if and when the fairgrounds project takes access off 19th Street as the result of some future land use action. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES DATED this 14th day of October, 1998, by the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Linda L. SwearirTgen, Commissioner MINUTES 12 OCTOBER 14, 1998