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1991-05667-Minutes for Meeting February 27,1991 Recorded 3/7/1991ioG _ 0374 91-05GG 7 MINUTES '.'J ; 0i `•C,Mca DESCHUTES COUNTY BOARD OF COMMISSIONERS s, February 27, 1991 Chairman Maudlin called the meeting to order at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were Rick Isham, County Counsel; Dave Hoerning, County Engineer; Larry Rice, Public Works Director; George Read, Planning Director; Paul Blikstad, Planner; Mike Maier, County Administrator, and Bruce White, Assistant Legal Counsel. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, approval to purchase crushed rock for projects in the Lower Bridge area; #2, award of bid for 4,000 gallon water tanker to second lowest bidder (Environmental Pollution Control) since the low bidder (Smith Equipment and Welding) was not responsive; #3, approval of transfer haul fee increase; #4, acceptance of Deed for 30 ft. right-of-way along Rumgay Road; #5, signature of Order 91-022 approving and confirming sale of tax foreclosed property; #6, removed from consent agenda; #7, signature of Resolution 91-013 establishing an imprest cash account for Legal Counsel office; #8, signature of Order 91-037 transferring certain monies for the Land Sales Fund; #9, signature of Indemnity Agreement with Pro Canam Racing for off-road race in Millican Valley; #10, chair signature of liquor license applications for Erickson's Sentry Supermarket in La Pine and La Siesta Cafe #2 in Bend; #11, signature of MP-90-51 creating two parcels off Ward Road for Peter Goodmonson; #12, signature of final mylar TP-90-728 creating 4 lots in McKinney Butte Ranch for Michael Constantine; and #13, signature of Tax Refund Order 91-038. SCHLANGEN: I move approval of the consent agenda. THROOP: I'll second the motion minus that item #6. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. PUBLIC HEARING: ORDINANCE 91-013 AMENDING ORDINANCE 90-007 THE DESCHUTES COUNTY UNIFORM DEVELOPMENT PROCEDURES ORDINANCE Before the Board was a public hearing on Ordinance 91-013 amending Ordnance 90-007, the Deschutes County Uniform Development Procedures Ordinance which had been adopted last December. PAGE 1 MINUTES: 2/27/91 KFYPUNCHQ f 106 - 0375 Bruce White gave the staff report. Staff had discovered problems with the appeal provisions when dealing with an appeal from Pacific Power & Light on a transmission line, plus the Planning Director had some other minor changes. Section 1 was a new provision indicating that if false statements had been made on the application or supporting documents and were relied upon in making a decision, the application could be declared void. Section 2 was prompted by an attempt by PP&L to appeal the Planning Director's decision to send an application to hearing rather than to handle it administratively. The new subsection 2 would state that decisions regarding which process to use would not be appealable. Section 3 included clarifications. Section 4 indicated that notice was not necessary when dealing with a temporary approval. Section 5 was a clarification. Section 6 indicated that approval of a temporary use application was not appealable since the final approval would be appealable. Section 7 indicated that notices did not need to be mailed when dealing with administrative processes for which there was no prior notice required. Section 8 indicated that a sign did not need to be posted when going through an administrative process which would not require prior notice. Section 9 had a minor change clarifying that only the final staff report would be made available to the public. Sections 10 & 11 clarified that appeals had to be filed within 10 days in the Community Development Department on one of the County's forms, and had to include payment of the appeal fee and a transcript of any hearing. Faxed appeals would not be accepted. Chairman Maudlin open the public hearing. There being no one who wished to testify, the public hearing was closed. MAUDLIN: Entertain a motion for first and second reading by title only of Ordinance 91-013. THROOP: So moved. SCHLANGEN: Second. PAGE 2 MINUTES: 2/27/91 106 • 0376 VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 91-013. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 3. PUBLIC HEARING: APPEAL OF HEARINGS OFFICER DENIAL OF CU-90- 092 FOR FARM DWELLING ON 40-ACRE PARCEL IN EFU-40 ZONE Before the Board was a public hearing concerning an appeal of the hearings officer's denial of a request for a conditional use permit for a farm dwelling on an approximately 40-acre parcel in an EFU-40 zone. Paul Blikstad gave the staff report indicating that the application was received by the Planning Division in November of 1990 and had been originally scheduled for an administrative decision by the Planning Director. After making a site visit, he felt that all of the acreage at the site was under irrigation. After discussions with the Planning Director, they felt it should go to a hearing. They were concerned about two issues: (1) would they be taking productive farm land be taken out of production for a dwelling and (2) was a dwelling necessary to manage that 40 acres of alfalfa. The hearing was held before the hearings officer on December 18, 1990 and a decision was issued January 14, 1991. The applicant had waived the 120-day appeal period. Chairman Maudlin opened the public hearing. Nick Goyak, 8271 Highway 47, Carlton, OR 97113, testified that he was one of the four owners of the property. He said the property was currently under a six-year lease with two years remaining with an option for an additional six-year lease. They had owned the property since the early 80s and there were a couple of years since then when the property was not irrigated or farmed because they could not find anyone interested in doing so. He felt the best use for the property was for someone to reside on the property and maintain it since it was only 40-acres, and it was difficult to find someone who would come to farm this small of a parcel. They had no plans to subdivide the property and would consider a PAGE 3 MINUTES: 2/27/91 106 - 0377 deed restriction requiring that the 38+ acres with irrigation be permanently used for irrigated farm purposes. The balance of the property would be best used for a residence and farm buildings. He said there was a house foundation on the property when they purchased it. He said Mr. Mimms had been seeking to buy the property, but he understood from the realtor that he no longer planned to purchase the property. (Mrs. Mimms spoke up from the audience and indicated they were still interested in purchasing the property.) Mr. Goyak said they would continue to farm and/or sell the property. He felt the way to keep the property in farm production was to have a residence on the property, since it had been difficult to find someone who wanted to farm this small of an area. He said a Mr. Moore had objected to subdividing the property, but they would consider a deed restriction that 38 acres would be used for irrigated farming with the remaining area used for farm dwellings and related buildings. Commissioner Schlangen questioned whether a dwelling was needed on 40 acres with alfalfa since it would not support a family. Mr. Goyak agreed, but said that if someone were residing on the property they could have some other type of employment. He felt that having someone residing on the property would enhance the likelihood that it would continue to be farmed. He said the property was surrounded by smaller parcels. Commissioner Schlangen expressed concern that there was no domestic water. Commissioner Maudlin said there was no domestic water use available from the canal, and that the purchaser of the property would have to deal with that. William R. Tye, lived at 25840 Alfalfa Market Road which was directly west of the subject property, and spoke in favor of the conditional use to allow a dwelling. He felt they could get a water diversion from COI for a head gate out of the ditch at the northeast corner where the proposed dwelling would be located. Dale Luckna, 25920 Alfalfa Market Road, was on the east side of the subject property and next to the main canal. He said you could make money on forty acres since he raised llamas on 20 acres which was very profitable. He said there was an existing old building on the west/southwest corner of the property which was still bare ground, and the pit was still open where the foundation had been. He was in favor of the conditional use because it had been a dust bowl before, and with a dwelling, it would be more likely to be farmed. Joanne Mimm, 19769 Nugget Avenue, Bend, 97702, testified that they were the prospective purchasers of this property. She said they only wanted to purchase the property if they could PAGE 4 MINUTES: 2/27/91 106 • 0378 build and maintain a residence on the site while maintaining the alfalfa. She said her husband was a builder and that their buildings would enhance the area. Since it was a 40- acre parcel and there was 38+ acres of water, they just wanted to use the remaining 1+ acre non-irrigated area for a residence. Commissioner Maudlin said that comments from COI indicated that there were no irrigation rights for domestic or livestock watering from the main canal, and asked if the Mimms had discussed water rights from COI. Mrs. Mimm said that she was not sure. Martha Stuart lived at 62950 Johnson Ranch Road which was a 40+ acre parcel on one corner of the subject property. She was in favor of the conditional use to allow a dwelling. She understood that they couldn't subdivide the property into five acre parcels but didn't see any problem with placing a house on the 40-acre parcel. Commissioner Throop explained that state law prohibited the County from taking any land out of agricultural production. So if the entire 40 acres was currently in production, then it might not be appropriate to take part of the parcel out of production in order to create a homesite. Commissioner Throop asked Paul Blikstad if there was a clearly distinguishable 1.09 acres of land on the 39 acre parcel that was not under production. Paul Blikstad said he did not walk the site but when viewing the 40 acres it looked to him like it was completely in alfalfa production. The site of the proposed dwelling was currently under alfalfa production. Commissioner Throop asked if the law requiring that land not be taken out of production also applied to the area proposed for animal corrals? George Read said that agricultural buildings fell under farm use and would be allowed on the agricultural portion of the property without restriction if they were an accessory building to a farm use occurring on the property. Nick Goyak testified again that there was a staging area in the southwest corner which included the old building foundation and that the parcel was not currently 100% irrigated. Commissioner Schlangen clarified that the southwest corner was not the proposed site for the residence. Mr. Goyak agreed but said there was nothing to prevent someone from using the southwest corner for irrigated area. Commissioner Throop said he would like some more time to look over the material before making a decision. Commissioner Schlangen agreed and said she would like to visit the site. Mr. Goyak agreed to the extension of time to make the decision. PAGE 5 MINUTES: 2/27/91 10E; 0379 4. 5. Commissioner Maudlin announced that the public hearing was continued until Monday, March 4, 1991, at 10 a.m. when a decision would be made, however no further oral testimony would be taken at that time. PUBLIC HEARING: ORDER 91-033 CONCERNING ANNEXATION TO SISTERS-CAMP SHERMAN RFPD Before the Board was a public hearing on Order 91-033 approving the petition for annexation of territory to the Sister-Camp Sherman Rural Fire Protection District and setting the final public hearing for March 27, 1991. Chairman Maudlin opened the public hearing. There being no one who wished to testify, the public hearing was closed. MAUDLIN: Entertain a motion for approval of annexation of territory. SCHLANGEN: So moved. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PUBLIC HEARING: ORDER 91-036 SKYVIEW TERRACE SUBDIVISION DISCHARGE OF FIREARMS DISTRICT Before the Board was a public hearing regarding Order 91-036 concerning the establishment of the Skyview Terrace Subdivision as an area wherein the discharge of firearms would be prohibited in accordance with Chapter No. 9.08 of the Deschutes County Code. Chairman Maudlin opened the public hearing. Rick Isham said that the property was located south and east of the intersections of Bear Creek Road and 27th Street and constituted all of the Skyview Subdivision. He said there would be four signs posted. Louis Rogerson, 21280 Dove Lane, Bend, testified against forming the district. He lived in the area for 25 years and raised sons and grandsons in the area. Nobody on the north of Dove Lane had signed the petition or agreed with the petition. He owned lots 13 and 14 which bordered the lot of the gentleman who started the petition. He said no one owned the area to the middle of the canal. They had received threats that their grandson's dog would be shot if it were seen on the petitioner's half of the canal. If those who signed the petition wanted to post their property, it was up PAGE 6 MINUTES: 2/27/91 106 - 0380 to them, but he didn't want his lands posted and believed it should be controlled by the property owners and not by the Commission. Commissioner Throop clarified that this process allowed citizens to make the decision themselves. It was a citizen initiated process not a County initiated process. Louis Rogerson continued that to the east across the canal there was 80-120 acres of BLM land, ditch line land and other property where their sons and grandsons had been able to hunt. They had controlled it for 25 years and there had been no problems. Rick Isham pointed out that the open land Mr. Rogerson was referring was not included in the proposed district. Mr. Rogerson said he was aware of that. Commissioner Schlangen asked where the petition had originated. Rick Isham said there were three chief petitioners who collected the requisite number of signatures in order to bring the issue to public hearing. He said the Board would need to delay their decision to verify the number of electors within the district. Don Defor, 21225 Dove Lane, Lot 3, said that when the person circulating the petition asked him to sign the petition, he said it was because people were shooting across the canal. The problems that were explained to him had nothing to do with the Skyview Terrace area since the firearms discharging was outside of the subdivision. He felt there was no reason to put any kind of gun control on the subdivision. He had talked with his other neighbors and he felt they were doing an adequate job of supervising, where they fired guns and what size guns they were using. Commissioner Maudlin wondered what would be accomplished by creating this district since people could not be in the subdivision and shoot out but could shoot into the subdivision from across the canal. Robert Pennington, 21730 Chilliwack Way, Block 3 lot 6, testified in opposition to the formation of the district. He said he and Mr. Rogerson had lived in the area for about the same amount of time. He said they controlled their children's hunting in the area and had kept them from hunting in the subdivision area. Across the canal from the subdivision, there were quail and ducks, and children and adults hunted in the area. He felt the person that started the circulation of the petition had a "personal thing against guns." He contacted COI regarding who owned the canal. When the area was replatted in 1963 an easement went through the area which the irrigation district owned, so the surrounding property lines did not go to the center of the canal as had been PAGE 7 MINUTES: 2/27/91 1Q6 - 0381 suggested. It had been claimed by the petitioner that the children could not use the canal cross bridges and could not walk do on along both sides of the canal from one tend O to the other. property Tony Rosengarth, 21279 Dove Lane, owned property adjacent and south of Louis Rogerson, possibly lot 12 and was in opposition to the formation of the firearms district. He and his family had hunted in the open area which he felt was closer to 240 acres. He said the closest house across the canal to the east was 3/4 of a mile away. They did not want to hunt in the subdivision and had an He wanted to keep the area the keep very controlled area. was it was. Roy Bieghler, 61908 Skyline View Drive, testified that he started the petition because there had been guns fired in the subdivision. He had called the County Sheriff who talked with the person who had done the shooting. The shooter's excuse was that he didn't know Mr. Bieghler was in the area where he was firing. There were two incident when he had to call the Sheriff because there was shooting from within the subdivision. He had no problem with people shooting from the property east of the canal as long as they stayed on the other side of the canal and fired the other direction. He felt the signatures on the petition verified that most of the people in the subdivision did not want the situation to remain as it currently was. He said he did not have a problem with guns and was a gun owner himself, but he did not fire them in the subdivision or any place with homes nearby. Commissioner Throop asked if there was anyone in the audience who was testifying against the formation of the district who had signed the petition in favor of the district? No one indicated that they had. Bill Tye, 25840 Alfalfa Rd., testified that he owned lot 9 on the corner of Bear Creek and Skyview Drive, and had farmed the property directly to the east across the canal since 1975. There had been a lot of hunting there over the years. They normally would only use shotguns in the area because of the housing nearby. He has cows there and had not had any trouble with the shooting in the area. Louis Rogerson testified again stated that the Sheriff had been called twice. He admitted an instance when he fired a shotgun between lots 13 and 14, which he owned, just to try it out. He only made one shot and admitted that he should not have done it. The other instance when the Sheriff came, the kids had been shooting on the COI right of way towards the open area and away from the subdivision. He said it was safer when duck hunting to walk along the subdivision side of the PAGE 8 MINUTES: 2/27/91 106 - 0382 6. 7. canal and shoot towards the open area than to walk along the other side and shoot towards the subdivision. Chairman Maudlin closed the public hearing and announced that a decision would be made at the Board's meeting at 10 a.m. on Wednesday, March 13, 1991. No further testimony would be taken at that meeting. PUBLIC HEARING: ORDER 91-003 VACATING A PORTION OF THE OLD CLINE FALLS ROAD Before the Board was a public hearing on Order 91-003 which would vacate a portion of the Old Cline Falls road located in the High Ridge Estates Subdivision. Dave Hoerning said a petition had been submitted by the property owner adjoining this old right of way requesting it be vacated. Due to the new entrance on the new Cline Falls Road, this portion of the right of way was no longer needed. The adjoining property owner wanted to incorporate it into his property and landscape and maintain it. Chairman Maudlin opened the public hearing. There being no one who wished to testify, the public hearing was closed. THROOP: I'll move adoption of Order 91-003. SCHLANGEN: I second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES VACATIONS OF RIGHTS OF WAY IN THE TERREBONNE AREA Before the Board was signature of: (1) Resolution 91-005 accepting a petition to vacate a portion of Willamette Valley and Cascade Mountain Road, accepting the engineer's report, and signature of Order 91-024 setting a public hearing for April 10, 1991; (2) Resolution 91-008 accepting a petition to vacate a portion of Lower Bridge Road, accepting the engineer's report, and signature of Order 91-030 setting a public hearing for April 10, 1991; (3) Resolution 91-006 accepting a petition to vacate a portion of the Roy L. Kidder Etal Road, accepting the engineer's report, and signature of Order 91-026 setting a public hearing for April 10, 1991; and (4 ) Resolution 91-007 accepting a petition to vacate a portion of L.A. Hunt Etal Road, accepting the engineer's report, and signature of Order 91-028 setting a public hearing for April 10, 1991. PAGE 9 MINUTES: 2/27/91 106 - 0333 Dave Hoerning said that the people who farmed this area asked if they could get some of these old right-of-ways off their property since many of them were being farmed over and one people were driving through for hunting. He put together a list of all of the property owners in the area and Commissioner Throop set up an informal hearing in Terrebonne regarding these issues. The old Willamette Valley Road and the Lower Bridge of 1909 had been obliterated due to the mining and farming in the area. Out of all the roads discussed, the only one that drew any controversy was the Kidder Road. The discussion centered on the 3,500 feet which came along the Deschutes River. There was a conservation easement but the people were worried that they would not have access. Commissioner Maudlin said that access there had already been shut off. Dave Hoerning said there were some pumps in the area and a gate had been put up to keep the pump area from being vandalized. Part of the Coalition for the Deschutes, Trout Unlimited and conservation people wanted the right to walk up the stream, and he had suggested that they attend the public hearing to make their concerns known. Commissioner Throop said he understood people attending the meeting were told that the County would vacate the road, but a public access would be left and would create an area for parking cars. Larry Rice said that the area of controversy was that they did not want to park down below but wanted to be able to drive into the area. Commissioner Throop thought it had eliminated the controversy by saying there would be no vehicular traffic in that area, that it would be blocked off, but that Fred Gunzner could not block off pedestrian access and there would be a walk over. Chairman Maudlin said they should wait until they hear the testimony at the public hearing before making the decision on where the public access would be maintained. THROOP: I'll move approval of all of the motions contemplated in [agenda] items 19 through 22. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 10 MINUTES: 2/27/91 106 • 0384 8. JORDAN BRIDGE CLOSURE Before the Board was a recommendation from the Public Works Department that the Jordan Bridge, which had been closed due to extreme hazard, not be replaced until a public hearing could be held on a vacation of the road. Mr. Cyrus, who owned the surrounding property, said that if the road were vacated he would fix the bridge since he would need to farm the other side. Larry Rice said they would hold a meeting of the surrounding property owners to see what their concerns were, then they would come back to the Board for direction on how to proceed. If the road were vacated and reverted to Mr. Cyrus, he would repair the bridge for his own use. It could no longer be used by any other property owners. THROOP: I'll move staff recommendation. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 9. REORGANIZATION IN DISTRICT ATTORNEY'S OFFICE Chairman Maudlin said he was fully in favor of the reorganization of the District Attorney's office which had been presented to the Board at their Monday work session; however he felt those items which had a fiscal impact should be discussed during the budget process. Mike Maier said there were a number of proposed reclassifications in the reorganization which would have a fiscal impact. He felt more time was needed to review the need for these reclassification, but that the structural reorganization should be approved immediately since the District Attorney was ready to start the new team concept. There was currently one unauthorized position which had been filled through the "professional services" item in the budget. It was currently an AOI position and was critical to the organization, and he recommended that the Board authorize this position immediately. There would be money in the District Attorney's budget for this fiscal year to maintain this position because of some vacancies in the office. There was also a need to immediately change a current O.A. IV into an O.A. III (lead) position which would require no monetary change. Commissioner Schlangen suggested letting the District Attorney know that the Board approved going forward with the reorganization, including the addition of a full time AOI position and changing an OAIV into an OAIII lead position, but PAGE 11 MINUTES: 2/27/91 1.06 - 0385 that all other classification changes would be considered at a later time. THROOP: I'll move that the Board authorize the AOIII lead and the creation of the OAI position and support the reorganization. SCHLANGEN: I'll second it. Chairman Maudlin wanted to clarify that the Board was moving to adopt the reorganization plan with the changes of a OAIII lead and finalization of the OAI as a full time position. All other organizational issues would be addressed during the budget process which would be finalized July 1, 1991. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $190,796.47. THROOP: Move weekly warrant vouchers upon review. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 11. MP-90-26 ON BENHAM ROAD Before the Board was signature of minor partition MP-90-26 creating two parcels on Benham Road for Lucille Skaggs. THROOP: Move signature of MP-90-26. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 12. MP-90-66 ON VOLCANO AVENUE Before the Board was signature of minor partition MP-90-66 creating two parcels on Volcano Avenue in the Redmond urban growth boundary for Sherm Wright. SCHLANGEN: Move signature. PAGE 12 MINUTES: 2/27/91 THROOP: Second it. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 106 -A 0386 13. ORDER 91-039 TRANSFERRING CASH AND RESOLUTION 91-014 TRANSFERRING APPROPRIATIONS Before the Board was signature of Order 91-039 transferring cash within various funds of the budget and signature of Resolution 91-014 transferring appropriations within various funds of the budget. THROOP: Move signatures of the order and the resolution. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 14. MP-90-46 ON WARD ROAD Before the Board was signature of a minor partition MP-90-46 which would create two lots in an RR-10 zone on Ward Road for Dave Tolve. This ended up being a major partition because of the cul-de-sac dedication. THROOP: I'll move signature. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 15. CONSERVATION EASEMENT FROM THE DAVID ALAN AND EUNICE ANN SMITH FAMILY TRUST Before the Board was signature of a Conservation Easement for a 10 foot strip along the east bank of the Deschutes from the David Alan and Eunice Ann Smith Family Trust. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 13 MINUTES: 2/27/91 1 106 - 0387 16. OUT-OF-STATE TRAVEL REQUEST FROM LIBRARIAN Before the Board was an out-of-state travel request from the County Librarian to attend the Public Library Association Conference. THROOP: Move approval. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DESCHUTDS COUNTY BOARD OF COMMISSIONERS Tom Throop, ommissio er O~ Iza pe S haangen, Commiss'oner dlin, ha irman BOCC:alb PAGE 14 MINUTES: 2/27/91