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1999-745-Minutes for Meeting April 14,1999 Recorded 6/4/1999VOL: CJ1999 PAGE: 745 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *C31999-745 * Vol -Page Printed: 06/09/1999 08:37:43 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Jun. 4, 1999; 12:51 p.m. Regular Meeting (CJ) NUMBER OF PAGES: 9 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KEI -u'"iui7ED Al _ S 19519 ------------------ ------------------- dle?qq, MINUTES YX DESCHUTES COUNTY BOARD OF COMMISSIONE% 10 A.M. , Wednesday, April 14, 1999 Chair Linda L. Swearingen called the Board of County Commissioners meeting to order at 10:00 A.M. County Commissioners present were Linda L. Swearingen, Tom DeWolf, and Dennis R. Luke. Also present was Mike Maier, County Administrator; Damian Syrnyk, Planner; Rick Isham, County Counsel; Kevin Harrison, Planner; Paul Blikstad, Planner; Ron Meckler, 9-1-1 Director; Sue Brewster, Assistant County Counsel; Bruce White, Assistant County Counsel; and Didi Malarkey, Regional Problem Solver. 1. CITIZENS COMMENTS: None 2. FIRST READING OF ORDINANCE NO. 99-003 AND 99-004, TO CHANGE THE PLAN DESIGNATION AND REZONE CERTAIN PROPERTY IN THE BEND URBAN AREA TO CONVENIENCE COMMERCIAL FOR KIM WARD, PROPERTY OWNER Before the Board was the first reading of Ordinance No. 99-003 and 99-004, to change the Plan Designation and rezone certain property in the Bend Urban Area to Convenience Commercial for Kim Ward, property owner. Wendy Robinson reported this was for a parcel that was located on the southwest corner of Brosterhous and Murphy Road. Chair Swearingen stated she would entertain a motion for the first reading. DEWOLF: So moved by title only. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES Chair Swearingen performed the first reading of Ordinance No. 99-003, by title only. MINUTES; Page 1 of 9 APRIL 14, 1999 LUKE: I would move for the first reading, by title only, of Ordinance No. 99-004. DEWOLF: Second. VOTE: SWEARINGEN : YES DEWOLF: YES LUKE: YES Chair Swearingen performed the first reading of Ordinance No. 99-004. The second reading and adoption will take place in two weeks on April 28, 1998, at the 10 A.M. Board of County Commissioners meeting. 3. PUBLIC HEARING ON ORDINANCE NO. 99-014, AN ORDINANCE AMENDING EXISTING REGULATIONS FOR LARGE TRACT DWELLINGS IN THE FOREST USE 1 AND 2 ZONES IN CHAPTER 18.36 AND 18.40 OF THE COUNTY ZONING ORDINANCE AS REQUESTED BY WILLIAM SMITH PROPERTIES, INC. Before the Board was a public hearing on Ordinance No. 99-014, an ordinance amending existing regulations for large tract dwellings in the Forest Use 1 and 2 Zones in Chapter 18.36 and 18.40 of the County Zoning Ordinance as requested by William Smith Properties, Inc. Damian Syrnyk reported it had come to the attention of the staff that there was a misunderstanding with the Planning Commission on this issue. Staff recommended opening the public hearing, and continue it to a date certain in May. The staff will schedule a planning commission meeting to review this issue one more time before it comes back to the County Commissioners. Chair Swearingen opened the public hearing. William Boyer, Chairman of ARLU DeCo, testified in opposition to this ordinance amendment. He felt non -forest uses should be discouraged in forest uses areas. He felt the zoning was not consistent with any current need. MINUTES Page 2 of 9 APRIL 14, 1999 Damian Syrnyk stated the Board could close the hearing. He stated that after the staff met with the Planning Commission, they would post a notice for a new hearing. There being no further testimony, the public hearing was closed. Chair Swearingen stated a new hearing will be noticed and posted for a future date. 4. DECISION OF WHETHER TO HEAR APPEAL OF COUNTY HEARINGS OFFICER'S DECISION ON A-99-2, CU -98-109 CONDITIONAL USE PERMIT AND V-98-15 VARIANCE FOR NEW WEIGH STATION FOR OREGON DEPARTMENT OF TRANSPORTATION ON HIGHWAY 97 SOUTH OF BAKER ROAD INTERCHANGE Before the Board was a decision of whether to hear an appeal of the Hearings Officer's decision on A-99-1, Cu -98-109 Conditional Use Permit and V-98-15 Variance for new weight station for Oregon Department of Transportation on Highway 97 South of Baker Road interchange. Paul Blikstad reported there was an appeal by High Desert Museum on the approved weigh station for Oregon Department of Transportation on the South end of Bend between the entrance of High Desert Museum and Baker Road interchange. The Hearings Officer's decision was rendered March 29, 1999. The decision was appealed by the museum on the 10th day. He stated the museum had asked for a de novo hearing. He stated there was a substantial record to be reviewed. Bruce White stated the 150 day was May 29th. He stated that may pose some problems for the County as time can be extended due to rebuttal periods. Bruce White reported that if we go over the 150 day, the burden switches to the County to prove why it can't be permitted. Commissioner Swearingen expressed concerned that what they really wanted was a denial so they could go ahead and pick another site which would be less controversial. She felt it would be a waste of everyone's time and money just to get a denial. She wondered if Oregon Department of Transportation really wanted this site even though there was a lot of public opposition. MINUTES Page 3 of 9 APRIL 14, 1999 Paul Blikstad reported Oregon Department of Transportation picked this site because it was the best place to regulate traffic, they own the site, and the further south the more problems with the weather. Commissioner Luke stated this had been before the hearings officer before. He provided further background on this issue. He stated Oregon Department of Transportation had gone through a long process to get to this point. Commissioner Swearingen stated she read the Hearings Officer's decision, the appellants response, and based on that information she felt the Hearings Officer correctly decided the case. She also that Oregon Department of Transportation had met the letter of the law. Commissioner Luke stated he had testified about the traffic safety issues regarding this site. He felt he could make a fair judgement today. He didn't feel that Oregon Department of Transportation would request him not to hear it. Bruce White stated it called for the Board to make a judgement call. Commissioner Swearingen didn't think there would be any new evidence entered into the record that would indicate that they Hearings Officer erred in his decision. Commissioner DeWolf wanted to know why they wanted a de novo hearing. Commissioner Swearingen stated she doubted there would be any new information entered into the record even if it were de novo. She felt Oregon Department of Transportation had probably met the test. Commissioner DeWolf stated he always preferred to hear things at. the local level in order that the decisions could be made at. the local level. He felt the Board should hear it. Commissioner Swearingen asked if staff recommended to hear it. Paul Blikstad stated that was the staff recommendation. MINUTES Page 4 of 9 APRIL 14, 1999 Bruce White recommended the Board hear it de novo in order for Commissioner Luke to put his previous contact on the record. Commissioner Swearingen felt it should be de novo in order to allow both parties to bring in any new evidence. LUKE: So moved. DEWOLF: Second. VOTE: SWEARINGEN: NO DEWOLF: YES LUKE: YES 5. SIGNATURE OF MEMORANDUM OF UNDERSTANDING BETWEEN DESCHUTES COUNTY AND THE BUREAU OF LAND MANAGEMENT TO TRANSFER FEDERAL LANDS BY DIRECT SALE TO DESCHUTES COUNTY Before the Board was signature of a Memorandum of Understanding between Deschutes County and the Bureau of Land Management to transfer Federal lands by direct sale to Deschutes County. Didi Malarkey stated the agreement has been revised. She reported that by the signing of this it would allow the County to write the environmental easement. Bruce White stated there was a discussion regarding the changes that were made. He was comfortable with the changes. Tom DeWolf stated he was still uncomfortable with some of the wording. He stated he would support it because it knew it was important. He felt there was mixed information coming from our departments regarding this issue. Didi Malarkey stated she would encapsulate the studies for the Commissioners. She would provide all of the studies which were on record. Commissioner Swearingen asked if she could have a motion to sign this memorandum of understanding between the County and Bureau of Land Management. MINUTES Page 5 of 9 APRIL 14, 1999 LUKE: Yes, so moved. SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 6. APPOINTMENT OF KEN COOPER TO THE BEND LIBRARY BUDGET COMMITTEE PAT LAWRENCE TO THE REDMOND LIBRARY BUDGET COMMITTEE AND WILLIAM MCCANN TO THE SUNRIVER LIBRARY BUDGET COMMITTEE Before the Board was appointment of Ken Cooper to the Bend Library Budget Committee, Pat Lawrence to the Redmond Library Budget Committee and William McCann to the Sunriver Library Budget Committee. LUKE: I would move the appointment of Ken Cooper to the Bend Library Budget Committee, Pat Lawrence to the Redmond Library Budget Committee, and William McCann to the Sunriver Library Budget Committee. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 7. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of proposed Policy No. P-016-99, Office Supply Purchasing Procedures, to establish Deschutes County's commitment to providing the fastest and most economical way to purchase and distribute office supplies; 2) signature of Personal Services Contract with BJ Fowler for auctioneering services at the Deschutes County Land Sale Auction on May 6, 1999; 3) signature of Order No. 99-043, authorizing the purchase of real property from Charles Culver and simultaneously exchanging real property with Central Electric Cooperative, Inc.; 4) signature of Order No. 99-012, MINUTES Page 6 of 9 APRIL 14, 1999 transferring cash among various funds within the 1998-99 Deschutes County Budget; 5) signature of Orders No. 99-050, 99-051 and 99-052, authorizing the refund of taxes; and 6) approval of weekly accounts payable vouchers, subject to review in the amount of $916,125.82. DEWOLF: I would move approval of the consent agenda. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 8. 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 $1,516.62. LUKE: So moved subject to review. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 9. SIGNATURE OF MOTOROLA, INC. CONTRACT TO PROVIDE CONSOLE, PHONE AND RADIO EQUIPMENT UPGRADE, EXPANSION AND RELOCATION TO THE NEW 9-1-1 CENTER Before the Board was signature of a Motorola, Inc. Contract to provide console, phone and radio equipment upgrade, expansion and relocation to the new 9-1-1 Center. MINUTES Page 7 of 9 APRIL 14, 1999 Ron Meckl.er reported this was to move the current equipment to the new center. Rick Isham stated the contract has a Y2K warranty included in it. He explained the difference between warranty and the maintenance agreement. LUKE: I would move approval of the contract, subject to legal review. DEWOLF: I'll second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 10. SIGNATURE OF ORDER NO. 99-013, TRANSFERRING_ CASH AMONG VARIOUS FUNDS WITHIN THE 1998-99 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 99-013, transferring cash among various funds within the 1998-99 Deschutes County budget. DEWOLF: Move approval. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 11. 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 the 9-1-1 County Service District in the amount of $5,813.34. 1*02140, DEWOLF: So moved subject to review. Second. MINUTES Page 8 of 9 APRIL 14, 1999 VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 12. 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 $15,179.51. LUKE: So moved, subject to review. DEWOLF: I will second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES DATED this 14th day of Board of Commissioners. A ST: , 1f. . -)a7l Recording Secr tary April 1999 by the Deschutes County Linda L. Swears ge Chair Tom De MINUTES Page 9 of 9 APRIL 14, 1999