Loading...
1999-126-Minutes for Meeting November 04,1998 Recorded 3/11/1999VOL: CJ1999 PAGE: 126 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: Mar. 11, 1999; 3:26 p.m. Regular Meeting (CJ) NUMBER OF PAGES: 8 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK *CJ1999-126 *Vol -Page 03/25/1999 09:10:10 MICROLWT t APR 0 11yyJ !Ty WHED 251999 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 99Ff�(� November 4, 1998 t 't .P 3; 2� Chair Nancy Pope Schlangen called the Board of County CoQ6y��ji.`�rf� � o w meeting to order at 10:00 a.m. County Commissioners present we Nancy Pope Schlangen, Robert L. Nipper and Linda L. Swearingen. Also in attendance were Mike Maier, County Administrator; Heidi Kennedy, Planner; Kevin Harrison, Planner; Paul Blikstad, Planner; Susan Mayea, Management Analyst; and Mike Maier, County Administrator. CONVENE AS THE GOVERNING BODY OF 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 $332.25. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 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 $3,818.61. NIPPER: Move approval. SWEARINGEN: Second. MINUTES 1 NOVEMBER 4, 1998 KS 4. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 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 $144,887.60. SWEARINGEN: Move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Consent agenda items before the Board of County Commissioners were: 1) approval of out-of-state travel for site visits of possible computer aided dispatch systems; 2) signature of Cooperative Assistance Agreement between Crook, Deschutes and Jefferson Counties for the use of personnel and equipment during emergencies; 3) renewed eligibility to acquire surplus from Oregon Department of Administrative Services, Purchasing Section, by signing off on the authorized representative form; 4) signature of Oregon Public Works Emergency Response Cooperative Assistance Agreement; 5) appointed Ron Evans and Shirlee Evans to share the remaining term of Denny Irby on the Bicycle/Pedestrian Advisory Committee; 6) signature of two amendments to the Oregon Department of Transportation Sidewalk Agreements for Terrebonne and La Pine; and 7) signature of Order Nos. 98-162 and 98-163, authorizing the refund of taxes. NIPPER: SWEARINGEN: MINUTES 2 I will move approval of consent agenda items. Second. NOVEMBER 4, 1998 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 4. ADOPTION OF ORDINANCE. NO 98-064, DESCHUTES COUNTY CODE SECTION 8.30, AMBULANCE SERVICE AREA AND REPEATING ORDINANCE NO, 97-040 Before the Board was adoption of Ordinance No. 98-064, Deschutes County Code Section 8.30, Ambulance Service area and repealing Ordinance No. 97-040. SWEARINGEN: I'll move for the first and second reading of Ordinance No. 98-064, by title only. NIPPER: I'll second that. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 98-064, by title only. NIPPER: I'll move adoption of Ordinance No. 98-064. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 5. APPROVAL OF WEEKLY ACCOUN'T'S PAYABLE VOUCHER Before the Board was approval of the weekly accounts payable vouchers in the amount of $640,705.93. SWEARINGEN: NIPPER: MINUTES 3 Move approval subject to review. Second. NOVEMBER 4, 1998 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 7. ff Before the Board was signature of Resolution No. 98-117, transferring appropriations within the 1998-99 Bend Library County Service District. SWEARINGEN: Move approval of Resolution No.98-117. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Before the Board was signature of four Declarations of Dedications for a Cul De Sac Road in the RR -10 Zone. SWEARINGEN: I would move approval of signature of the Declarations of Dedications for a Cul de Sac Road. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Before the Board was approval of advancing taxes to Taxing Districts under ORS 311.392. Mike Maier stated this eliminated a lot of paperwork by paying them off in a lump sum. MINUTES 4 NOVEMBER 4, 1998 go SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Before the Board was a public hearing on adoption of Ordinance No. 98-068, amending Title 22. Kevin Harrison reported this was an amendment to the procedures ordinance to bring the procedures ordinance in line with the Urban Area Management Agreements. This reflects the fact that the cities have been delegated the authority to be the decision makers on land use applications. Chair Schlangen opened the public hearing. Patrick Giesler testified. He expressed concern regarding the northeast planning of the city. There being no further testimony, Chair Nancy Schlangen closed the public hearing. NIPPER: I'll move first and second reading of Ordinance No. 98-068, 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. 98-068. NIPPER: SWEARINGEN: MINUTES 5 I'll move adoption of Ordinance No. 98-068. Second. NOVEMBER 4, 1998 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Before the Board was a public hearing on plan amendment to amend Comprehensive Plan Map designation from agriculture to residential and zone change to amend Zoning Map from exclusive farm use to rural residential. Tape 1, side B and Tape 2, side A and B, were blank. Carrie Varner testified in opposition. She did not appreciate the argumentative attitude of the County Commissioners. She felt citizens should be able to voice their opinion whether the Commissioners agreed with it or not. Commissioner Nipper stated he asked some of the questions because he needed to find out where they were coming from regarding this issue. Carrier Varner stated that there were enough golf courses and people did not want anymore. If the property was zoned farm use and you knew that when you bought it, it should not be changed. Commissioner Swearingen stated that this was still America and a citizen had the right to come in and ask for a zone change. She stated that if a citizen could persuade the governing body that it would made sense, it complied with State law and the goals of the County, you.may be able to get it changed. She felt there was nothing wrong with asking. Carrie Varner expressed concern because she lived in the immediate area. She felt that the majority of the people that were in favor of this did not live in the immediate area where the golf course was proposed. MINUTES 6 NOVEMBER 4, 1998 O Janice Frashour stated she lived directly across from the proposed site. She stated she was opposed because of the possibility of increased traffic. She felt the Wilsons purchased the property with every intention of changing the zoning. She felt they should have purchased property with appropriate zoning for what they wanted to do. She stated that all the adjacent properties were being farmed. Carl Johannsen testified. He stated there was a crop planted on that property 10 or 12 years. The crop that was harvested was not enough to substantiate it so they quit. He was in favor of the project. He felt the zone change of only one piece of property in that area would not adversely affect the area. Jim Gulichson stated he was an immediate property owner with a farm on Negus Road. He felt a golf course with a sports complex could not be any better. He felt the traffic from this proposal could not be any worse than the garbage trucks that wake him up every morning. He was all for it. Murl testified regarding the property he owned. He reported that Juniper Golf Course was not going to be in Redmond soon., There would only be one golf course in Redmond which would be The Greens. He felt that anything that could be done in that area would improve it. Dick Norr stated he lived in Redmond. He felt the area was growing and a golf course would be better than something else in that area. Commissioner Schlangen asked if the limited use was connected to the zone change. Sharon Smith stated that it was. Sharon Smith stated the limited use was for restricting what can go in there. It would be for recreational use only. Sharon Smith stated they did a traffic study and it addressed the capacity issue. She stated that after the traffic study was done, Oregon Department of Transportation was satisfied that this would adversely effect their transportation facilities. She felt they had tried to address those items which were typically in a site plan. MINUTES 7 NOVEMBER 4, 1998 Chair Nancy Schlangen gave opponents the opportunity to respond to Sharon Smith's statements. There being no further testimony, the public hearing was closed. Commissioner Swearingen apologized to Doug and Carrie Varner. She stated that if they believed the Commissioners discounted their testimony, that was not the intention. She felt they had valid concerns but it was not the process where their concerns could be addressed. She stated they did not want to discourage people from coming to present their viewpoints. NIPPER: I move we overturn the Hearings Officer's decision in regards to the Wilson property that they have met their burden of proof for an exception with respect to the Pitch and Putt Golf Course as well as the driving range. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 4th day of November, 1998, by the Deschutes County Board of Commissioners. ATTEST: Recording Sec etary Linda L. Swear -in , Commissioner MINUTES 8 NOVEMBER 4, 1998