1993-16102-Minutes for Meeting March 31,1993 Recorded 5/13/199393-16102
f MINUTES 0106-0984
^:ESCHUTES COUNTY BOARD OF COMMISSIONERS
March 31, 1993
,H.
Clia r- Tom Throop called the meeting to order at 10:02 a.m. Board
members in attendance were Tom Throop, Nancy Pope Schlangen, Barry
Slaughter. Also in attendance were Rick Isham, County Counsel;
Patsy Hovick, Planner; Dale Van Valkenberg, Planner; Kevin
Harrison, Planner; George Read, Planning Director; Roland Gangstee,
Adult Corrections Program Manager; Dennis Maloney, Community
Corrections Director.
1. CONSENT AGENDA:
Consent agenda items before the Board were: 1) signature of
acceptance of slope and construction easement for Brinson
Boulevard project; 2) signature of two warranty deeds for
Butler Market Road right-of-way; 3) signature of acceptance
of bargain and sale deed from Bend Metro Parks for right-of-
way on Butler Market Road; 4) signature of indemnity
agreement for Alpenglo Velo Lava Lands race; 5) signature of
indemnity agreement for the Lobos Motorcycle Club; 6)
signature of conservation easement for the Hohmans for
property adjacent to Deschutes River on Lake Road; 7)
signature of conservation easement for the Buehners for
property adjacent to the Little Deschutes River on Calico
Court; 8) signature of acceptance of dedication for 1 foot
reserve strip on Silverado Drive in the Saddleback Division;
and 10) appointment of Jerry Stichler to the Redmond Urban
Area Planning Commission.
SCHLANGEN: I move approval of consent agenda items 1-8
and 10.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
2. SIGNATURE OF RESOLUTION NO. 93-027 ADOPTING THE COMMUNITY
CORRECTIONS PLAN FOR 1993-95 UNDER OPTION I OF THE COMMUNITY
CORRECTIONS ACT
Before the Board was Resolution No. 93-027 adopting the
Community Corrections Plan for 1993-95 under Option I of the
State's Community Corrections Act. Roland Gangstee reported
this was a completed copy including the index and the
Community Corrections Advisory Board letter recommending the
Board of Commissioners approval.
MICROF KAY
91993
iii IEG
6 1993
3.
4.
SCHLANGEN: I move signature of Resolution No. 93-027.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: SIGNATURE OF 1993 BLOCK GRANT APPLICATIONS
Before the Board was a public hearing on 1993 Block Grant
applications for the Lapine Community Campus and Terrebonne
Water District. Mike Burton shared draft copies of each grant
application. Chair Throop thanked Mike Burton for the work he
had done on these applications.
Chair Throop opened the public hearing. John Hopper,
Bend/LaPine School Board member, commented that he felt very
good about the grant application. No other testimony was
given.
SCHLANGEN: I move approval of the 1993 Block Grant
applications upon review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: SIGNATURE OF ORDINANCE NO. 93-004 AMENDING
TITLE 18, CHAPTER 18.16, RELATING TO BUILDING HEIGHTS,
SETBACKS AND TIER THREE REVIEW OF FARM MANAGEMENT PLANS
Before the Board was Ordinance No. 93-004 amending Title 18,
Chapter 18.16, relating to building heights, setbacks, and
tier three review of farm management plans. Kevin Harrison
gave the staff report. Kevin reported the changes to be made
in Title 18. He stated the ordinance was reviewed by the
Deschutes County Planning Commission on February 24, 1993. At
that time the Planning Commission voted unanimously to
recommend adoption as proposed. Kevin submitted written
testimony in support of the ordinance.
Chair Tom Throop opened the public hearing. Mr. Lynn Loomis
testified in support of the ordinance. Chair Throop closed
the public hearing.
SCHLANGEN: I move first and second reading by title only
of Ordinance No. 93-004 amending Title 18,
Chapter 18.16.
MINUTES PAGE 2 MARCH 31, 1993
5.
SLAUGHTER: Second. 0126-0986
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Chair Throop performed the first and second reading of
Ordinance No. 93-004 by title only.
SCHLANGEN: I move adoption of Ordinance No. 93-004.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: CONSIDERATION OF CONDITIONAL USE PERMIT FOR
GARY & LISA ZIMMERMAN CU -92-26 FOR A NONFARM DWELLING
Dale Van Valkenburg gave the staff report. The property
located at 17375 Big Buck Road was designated as EFU-40 at the
time of the application, but is now within the Sisters
Cloverdale EFU sub -zone. The Hearings Officer found this
particular property would not interfere with any surrounding
farm uses and would be compatible with those uses. The
Hearings Officer approved the application at a hearing held on
February 25, 1993. No testimony was submitted in opposition
to the proposal. The Hearings Officer issued a written
decision approving the application on March 8, 1993. Dale
stated the planning staff is recommending the Board confirm
the Hearings Officer's decision to approve this conditional
use permit and adopt the Hearings Officer's findings and
decisions as written.
Chair Tom Throop asked for disclosure from Commissioners for
any prehearing contacts in this matter. All commissioners
reported having no preharing contacts. Chair Throop also asked
audience members if they felt any member of the Board of the
Commissioners should be challenged with bias or inability to
make a fair decision in this matter. No challenge was made
from the public.
Chair Tom Throop opened the public hearing. Carol Davis,
applicant's representative, stated she worked for Sisters Real
Estate and she submitted the application because the
Zimmermans live out of state.
SCHLANGEN: I move adoption of the Hearings Officer's
findings and all conditions attached.
MINUTES PAGE 3 MARCH 31, 1993
signs to be placed on the buildings, lighting
to meet all modern standards, screening and
landscape plan needs to include irrigation in
order that the building will be screened 80%
in 5 years, provide screening for trash
enclosure, applicant should execute a
development agreement with the County and
eliminate the door from the west side of the
Real Estate office.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
7. SIGNATURE TO AMEND PERSONAL SERVICE CONTRACT WITH DAVE
HOERNING
Before the Board was an amendment to a personal service
contract with Dave Hoerning.
SCHLANGEN: I move signature of the amendment to the
personal service contract with Dave Hoerning.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
B. SIGNATURE OF RESOLUTION NO. 93-020 DECLARING APRIL 1993 EARTH
MONTH
Before the Board was Resolution No. 93-020 declaring April
1993 as Earth Month. M.E. Decklemann reported on the special
events planned for Earth Month.
SCHLANGEN: I move signature of Resolution No. 93-020.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 5 MARCH 31, 1993
O 4 -0989
9. SIGNATURE OF ORDER NO. 93-097 AND ORDER NO. 93-098 AUTHORIZING
THE REFUND OF TAXES AND ORDER NO 93-114 WAIVING THE FILING OF
A WRITTEN CLAIM FOR A REFUND
Before the Board was Order No. 93-097 and 93-098 authorizing
the refund of taxes along with Order No. 93-114 waiving the
filing of a written claim for a refund.
SCHLANGEN: I move signature of Order No. 93-097, 93-098
and 93-114.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
10. SIGNATURE OF REQUEST FROM BEND METRO PARK AND RECREATION TO
DISBURSE PARK ACQUISITION & DEVELOPMENT FUNDS FOR HOLLINSHEAD
PARK
Before the Board was a request from Bend Metro Park and
Recreation to disburse park acquisition and development funds
for Hollinshead Park in the amount of $69,804. John Simpson
reported on the project. The Hollinshead Park will be a
revenue producer for the Park District. The revenue will be
generated by renting the building for weddings, family
gatherings, classroom space, and dances.
SCHLANGEN: I move signature to disburse park acquisition
and development funds for Hollinshead Park.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
11. SIGNATURE OF ORDINANCE NO. 93-010 ADDITION SECTION 1.01.090
CORRECTIONS TO TITLE 1 OF DESCHUTES COUNTY CODE
Before the Board was Ordinance No. 93-010 adding section
1.01.090 corrections to Title 1 of Deschutes County Code.
SCHLANGEN: I move first and second reading of Ordinance
No. 93-010 by title only.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 6 MARCH 31, 1993
U1� -0990
SCHLANGEN: I move adoption of Ordinance No. 93-010.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
12. SIGNATURE OF PARTIAL RELEASE OF COLLATERAL FOR BRIAN PLATT DBA
PACIFIC ARTS MANUFACTURING
Before the Board was a letter for partial release of
collateral for Brian Platt dba Pacific Arts Manufacturing.
This letter releases the personal residents as collateral.
SCHLANGEN: I move signature of the letter to release
partial collateral for Brian Platt.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
13. SIGNATURE OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was consideration of accounts payable
vouchers in the amount of $224,727.06
SCHLANGEN: I move approval of the weekly accounts payable
vouchers upon review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
14. SIGNATURE OF DECLARATION OF DEDICATION FOR 1 FOOT RESERVE
STRIP ON EXISTING RIGHT-OF-WAY ON LAMOINE LANE IN MARC ESTATES
SUBDIVISION
Before the Board was a declaration of dedication for a 1 foot
reserve on an existing right-of-way on LaMoine Lane in Marc
Estates Subdivision.
SCHLANGEN: I move signature of the declaration.
SLAUGHTER: Second.
MINUTES PAGE 7 MARCH 31, 1993
VOTE. SCHLANGEN: YES
0140-01991
SLAUGHTER: YES
THROOP: YES
15. SIGNATURE OF MYLAR ON MP -91-37 FOR KERMIT BOTHUM CREATING
THREE PARCELS IN AN MUA-10-ZONE
Before the Board was a mylar on MP -91-37 for Kermit Bothum,
which created three parcels in an MUA-10 zone.
SCHLANGEN: I move signature of the mylar on MP -91-37.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
16. SIGNATURE OF MYLAR ON MP -92-65 FOR HELMUT JUNGE CREATING TWO
PARCELS PARTIALLY WITHIN THE SISTERS CITY LIMITS
Before the Board was signature of mylar on MP -92-65 for Helmut
Junge, creating two parcels partially within the Sisters city
limits.
SCHLANGEN: I move signature of the mylar on MP -92-65 to
reflect a zoning change from RA to RH.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
17. SIGNATURE OF ORDER NO. 93-112 AUTHORIZING THE REFUND OF TAXES
Before the Board was Order No. 93-112 authorizing the refund
of taxes in the amount of $189.07.
SCHLANGEN: I move signature of Order No. 93-112.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 8 MARCH 31, 1993
0_9992
18. SIGNATURE OF CHAIR ON A CERTIFICATION OF DESCHUTES COUNTY AS
A LOCAL GOVERNMENT FOR PURCHASE OF FUEL EXEMPT OF FEDERAL
EXCISE TAX
Before the Board was Chair signature on a certification of
Deschutes County as a local government for purchase of fuel
exempt of federal excise tax.
SCHLANGEN: I move signature of certification.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
DATED this -31-ak day of � /l.e,��., , 1993, by the
Board of Commissioners of Deschutes County, Oregon.
ATTEST:
Recording Secretary
Tom ,Throop, tChair
Nancy Pop Scffilefigen; Commissioner
B. H. Slaughter, Commissioner
MINUTES PAGE 9 MARCH 31, 1993