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1999-122-Minutes for Meeting November 25,1998 Recorded 3/11/1999VOL: CJ1999 PAGE: 122 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: NUMBER OF PAGES: Mar. 11, 1999; 3:26 p.m. Regular Meeting (CJ) MARY SUE PENHOLLOW MICROf L JWD DESCHUTES COUNTY CLERK APR 0 l 1999 HED *01999-122 *Vol -Page 03/24/1999 17:00:49 L�J)qqq- /-)) - / MINUTES DESCHUTES COUNTY BOARD OF COMMISSION'+R J P19 3: 26 Wednesday, November 25, 1998 10 A.M. , Commissioner's Hearing Rooms OU�rTY �Lf=rK Administration Building Chair Nancy Pope Schlangen called the Board of County Commissioners meeting to order at 10:04 a.m. County Commissioners present were Nancy Pope Schlangen and Robert L. Nipper. Also in attendance were Rick Isham, County Counsel; Bruce White, Assistant County Counsel; Tom Blust, Road Department Director; Gary Judd, Road Department; Mike Maier, County Administrator; Kevin Harrison, Planner; Heidi Kennedy, Planner; George Read, Community Development Director; Meaghan Houska, Communications Director; and Jerry Wolke, Senior Management Analyst. 1. Citizen Input on Whispering Pines Local Improvement District - Craig Clark CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT Before the Governing Body was approval of weekly accounts payable vouchers for 4-H/Extension County Service District in the amount of $1,065.74. NIPPER: I'll move approval subject to review. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT MINUTES 1 NOVEMBER 25, 1998 911 4. 5. COTKTTY -SERVICE DISTRICT- FOR.- GIS SERVICES Before the Governing Body was signature of an Intergovernmental Agreement between Deschutes County and 9-1-1 County Service District for GIS Services. NIPPER: I'll move approval of signature of Agreement. SCHLANGEN: I'll second the motion VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED SERVICE DISTR= Before the Governing Body was approval of the weekly accounts payable vouchers for 9-1-1 County Service District in the amount of $4,487.02. NIPPER: Move approval. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of weekly accounts payable vouchers for Bend Library County Service District in the amount of $24,798.90. NIPPER: SCHLANGEN: MINUTES 2 Move approval, subject to review. Second. NOVEMBER 25, 1998 N 7. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 01 pie ' • a Before the Governing Body was approval of the weekly accounts payable vouchers in the amount of $8,801.67. NIPPER: Move approval subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS Consent agenda items before the Board of County Commissioners were: 1) signature of Resolution No. 98-125, accepting petition to vacate a portion of 15th Street, Engineer's Report, and Order No. 98-168, vacating said street; 2) signature of Resolution No. 98-126, accepting petition to vacate a portion of Frank Ogles Road, Engineer's Report, and Order No. 98-169, setting a public hearing; 3) signature of Resolution No. 98-129, initiating Proceedings to Improve Certain Roads Located in Whispering Pine Estates Subdivision, Second Addition known as Hereford Local Improvement District; 4) signature of Resolution No. 98-130, Initiating Piute Circle Local Improvement District; 5) signature of Snow Removal Agreement with Special Road District #1; 6) approval of out- of-state travel to attend Landfill Methane Outreach Program Workshop; 7) signature of Intergovernmental Agreement between Deschutes County and 9-1-1 County Service District for GIS Services; 8) signature of Indemnity Agreement for La Pine Trucker's Light parade to be held on December 5, 1998; 9) MINUTES 3 NOVEMBER 25, 1998 signature of Order No. 98-164 and 98-165, authorizing the refund of taxes; 10) reappointment of Barbara Preble, Carol Sisson, Carolyn Miller, and Ed Mierjeski and appointment of Jim Binswanger and Ken Willard to the Human Services Advisory Board; 11) appointment of Bob Bridgeford and Dan Wadosky to the Deschutes County Watershed Council; 12) reappointment of George Turner to the Special Road District #6 Board; and 13) appointment of Bev Lawlor to the La Pine Cemetery Board. NIPPER: I'll move approval of consent agenda items. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED 21. PUBLIC HEARING ON PLAN AMENDMENT PA -98-7 TO AMEND DESCHUTES COUNTY COMPREHENSIVE PLAN MAP AND ZONE CHANGE ZC-98-4 TO AMEND ZONING MAP TO CHANGE FROM FOREST TO EFU FOR JAMES WATTS Before the Board was a public hearing on a Plan Amendment PA - 98 -7 to amend Deschutes County Comprehensive Plan Map and Zone Change ZC-98-4 to amend zoning map to change from Forest to EFU for James Watts. Heidi Kennedy posted the applicable criteria for the plan amendment and zone change. She reported the plan amendment was to amend to the map from forest to agriculture. These applications were heard before the Hearings Officer and it was denied. Chair Schlangen asked if any Board member had any prehearing contacts. Commissioner Nipper stated he had one meeting with Mr. Watts requesting the action occur. He also had a meeting with Mr. Kuhn stating they did not want this done. Chair Schlangen stated she had no contact. Chair Schlangen asked if there was any challenge of bias or prejudice from the audience. There were no challenges forthcoming from the audience. Bill Kuhn raised the issue of exparta contact. He stated he also talked with Chair Nancy Schlangen prior to the hearing. MINUTES 4 NOVEMBER 25, 1998 He also stated he discussed this issue with Linda Swearingen. He stated he was not challenging the ability of the Board to hear this issue. Commissioner Schlangen apologized stating that she did not remember. Heidi Kennedy noted that she would be putting the mylar including the criteria into the record. She reported she had received one FAX and one letters which she provided to the Board. Chair Schlangen opened the public hearing. Bill Kuhn asked about the notice that should have been given to the Dowells who own property directly across the street from Mr. Watts. He stated they had not received any further notification. Bruce White asked what the point was of the objection. Bill Kuhn stated he felt proper procedure was not followed. Bruce White stated this was a procedural objection and this would not be material unless it was a showing of prejudice. Chair Schlangen stated the Board would proceed with the hearing. James Watts stated he had been in contact with Mr. Dowell and he had expressed his support of the application. He stated he was pleased with the process he had been through with the Planning Department. He reported he had not been able to find any evidence of timber production anywhere. Chair Schlangen stated the zoning standards required that there had to be a change in circumstances since the property was last zoned or a mistake in the zoning. James Watts stated that the Deschutes Comprehensive Plan made reference to the fact that when the property was rezoned there was not sufficient data for the soil types found there. The information now available determines that this property does fall into the agriculture soil types. MINUTES 5 NOVEMBER 25, 1998 Commissioner Nipper reported there had been a letter from the Department of Fish & Wildlife in opposition to this zone change. William Kuhn testified. He wondered if all documents were brought forward from the previous hearing. He felt there was a lack of vigilance in protecting the Tumalo Deer Winter Range. He felt the Watts property was illegally divided prior to Mr. Watts purchasing the land in 1986. William Kuhn felt that since the human population had risen from 42,500 in the county to 104,900, it had affected the deer winter range population. He referred to House Bill 3661 which was a law was be used as a defense against not being notified of the loss of the value of land. He stated Jeff Dowell had been contact with Mr. Watts prior to the actual change in circumstance and Mr. Watts was aware of the change coming about. Commissioner Schlangen asked how many acres and what was the zoning on Mr. Kuhn's property. Mr. Kuhn reported the total acreage of the three parcels was roughly 43 -acres. He stated there were two 4.2 -acre building sites and there was common lands of roughly 34 -acres. He stated his zoning was F2 which had changed since he purchased it. Commissioner Nipper stated Mr. Kuhn had two houses on his property and Mr. Watts wanted three houses on his 40 -acres. Lee Kuhn testified that the property did have timber on it. She felt the property should be forest and not agriculture. She provided a map of the zoning in the area. She felt if there was a change in zoning then all the surrounding land should be rezoned as well. Commissioner Nipper asked if she knew the intent of Senate Bill 100. She stated she was not familiar with the wording of that bill. Ted Wise, Oregon Department of Fish & Wildlife, testified. He stated he has visited the property and was very familiar with the deer winter range. MINUTES 6 NOVEMBER 25, 1998 Commissioner Nipper asked how long had it been since the Kuhn's house had been built. It had been there 8 years. Commissioner Nipper asked if the deer winter range had been establish before that time and it had been. Commissioner Nipper asked if Fish & Wildlife was against the Kuhn's house being built. Ted Wise stated they would not have opposed it because there were pre-existing lots. Ted Wise felt the point of rezoning was what was being discussed here. Ted Wise felt there was no difference between the Kuhns and Watts but there was a cumulative impact on the deer winter range. Commissioner Nipper asked if Ted Wise felt the county should do away with EFU Zoning. Ted stated he had not addressed this issue in any of his comments. Ted Wise felt the rezoning of this land was questionable. The rezoning of this property would continue to defeat the Oregon Department of Fish & Wildlife's attempts to maintain the deer winter range. If this was approved he was concerned about others wishing to rezone their property. Bill Boyer, ARLU DeCo, testified in opposition to the zone change and plan amendment. He felt the burden of proof was on the applicant to show that the Hearings Officer applied faulty logic or faulty principles. He requested the application be denied. He also submitted a statement from Howard Payne in opposition to this application. Lee Kuhn testified their property had been reviewed by Oregon Department Fish & Wildlife as to mitigation of effects on this property. She stated there were deed restrictions on the property such as no dogs, no firearms, no ATVs vehicles, and no fencing except for wooden fencing at a certain height. She stated they had maintained the natural vegetation around their house in order to promote it as a wildlife area. Herb Hartman testified that he lived in this area since 1973. Bruce White discussed the e-mail Rick Isham received on his computer from William Kuhn. Chair Schlangen felt the e-mail needed to be made a part of the record. MINUTES 7 NOVEMBER 25, 1998 Bill Kuhn stated his reason for communicating with Rick Isham was to let him know that there had been exparte contact and what his part was in it. He stated his intent was to make sure that it was disclosed by the parties involved. George Read stated he had verified the Tumalo Deer Winter Range study was prepared in 1977 and was incorporated in the Comprehensive Plan in 1979. Bill Kuhn reported the parcels that were auctioned off in 1976. The Tumalo Deer Winter Range study was done in 1977 and the lots were subdivided in 1980. James Watts stated the minor land partition that he was given showed the lots were subdivided in 1979. Also on the partition were designated building areas on those parcels. He didn't feel the homesites would discourage the wildlife from coming into the area. Commissioner Nipper reported the Board had received a memo from the State of Oregon Department of Revenue regarding the appeal of James Watt which states the parties agreed that there was no building potential on the site. He asked Mr. Watts if he had agreed to that. Mr. Watts stated that was based on a letter issued by Kevin Harrison of the Planning Department. He stated 3661 took away building rights for that property. James Watts reported he had filed for a reduction in taxes. Commissioner Schlangen read from the property tax appeal. She stated his taxes were lowered based on this appeal. Chair Schlangen closed the public hearing. NIPPER: I move that we uphold the Hearings Officer's decision. SCHLANGEN: I will second that motion. Commissioner Nipper felt that Mr. Watts had not his burden of proof and that the Hearings Officer's decision was a sound decision. MINUTES 8 NOVEMBER 25, 1998 4 Commissioner Schlangen felt there was no proof that it had been zoned incorrectly. She believed the burden of proof had not been met. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED Before the Board was adoption of Ordinance No. 98-074, adopting revisions to the Bend Area General Plan. Bruce White discussed the proposed ordinances with the Board. Bruce stated Ordinance No. 98-074 adopted the revised amendments to the Comprehensive Plan. NIPPER: I will move first and second reading of Ordinance No. 98-074, by title only. SCHLANGEN: I will second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED Chair Schlangen performed the first and second reading of Ordinance No. 98-074, adopting the revisions to the Bend Area General Plan NIPPER: I will move adoption of Ordinance No. 98-074, subject to review. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED MINUTES 9 NOVEMBER 25, 1998 Before the Board was adoption of Ordinance No. 98-075, adopting revisions to Bend Area General Plan and Bend Area Transportation Plan Map. NIPPER: I move first and second reading of Ordinance No. 98-075, by title only. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED Chair Schlangen performed the first and second reading of Ordinance No. 98-075, adopting the revisions to the Bend Area General Plan and Bend Area Transportation Plan Map NIPPER: I will move adoption of Ordinance No. 98-075, subject to review. SCHLANGEN: I will second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED Before the Board was adoption of Ordinance No. 98-083, adopting revisions of Bend Urban Area Zoning. NIPPER: I will move first and second reading of Ordinance No. 98-083, by title only. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED MINUTES 10 NOVEMBER 25, 1998 Chair Schlangen performed the first and second reading of Ordinance No. 98-083, adopting revisions of Bend Urban Area Zoning Ordinance. NIPPER: I will move adoption of Ordinance No. 98-083, subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED CORRIDOR STRATEGY FOR HIGHWAYS 20 AND 126 Before the Board was signature of Resolution No. 98-124, supporting the Oregon Transportation Commission in adopting the Salem to Bend corridor strategy for Highways 20 and 26. Steve Jorgensen and Peter Russell, Oregon Department of Transportation, reviewed the resolution for the Salem to Bend corridor strategy for Highways 20 and 126. NIPPER: I'll move signature of Resolution No. 98-124. SCHLANGEN: I will second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED Before the Board was signature of Dedication Agreement between Deschutes County, City of Redmond and Max Mills. Bruce White reported this issue also involved Oregon Department of Transportation. MINUTES 11 NOVEMBER 25, 1998 NIPPER: I will move signature of dedication agreement between Deschutes County, City of Redmond and Max Mills. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED Before the Board the was approval of the weekly accounts payable vouchers in the amount of $2,533,597.07. NIPPER: Move approval subject to review. SCHLANGEN: VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED Before the Board was signature of an Intergovernmental Agreement between Deschutes County and Accountable Behavioral Health Alliance. NIPPER: I'll move signature of Intergovernmental Agreement between Deschutes County and Accountable Behavioral Health Alliance. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: YES YES EXCUSED MINUTES 12 NOVEMBER 25, 1998 • Vii: _ •140F,• •1♦ �• ': ,� �._. • •►♦ \• Before the Board was signature of Resolution No. 98-134, rescinding Resolution No. 96-036, declaring intent to develop a transfer station and allow the construction of a new recycling facility. NIPPER: I will move signature of Resolution No. 98- 134. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED Before the Board was ratification of an addendum to the construction program management services with Heery International, Inc. NIPPER: SCHLANGEN: So moved. Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED INCOME= W-6 Before the Board was approval of assignment of the Awbrey Butte Lease from Northwest Antenna Site Services, Inc. to American Tower Systems. NIPPER: SCHLANGEN: MINUTES 13 So moved. Second. NOVEMBER 25, 1998 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED MINI a- ` "10 N 'i N Before the Board was approval of an offer to purchase Toevs property in Redmond for the Becky Johnson Community Campus. NIPPER: I will move approval of the purchase of the Toevs property. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: EXCUSED DATED this 25th day of November, 1998, by the Deschutes County Board of Commissioners. ATTEST: 04. Recording Secretary Lin a L. Swearingen, Commissioner MINUTES 14 NOVEMBER 25, 1998