1993-16106-Minutes for Meeting April 07,1993 Recorded 5/17/199393-16106
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIOkkk
April 7, 1993
Chair Tom Throop called the meeting to order at 10:08 a.m.F Board
members in attendance were Tom Throop, Nancy Pope Schlangen, and
Barry Slaughter. Also in attendance were Rick Isham, County
Counsel; Tom Blust, County Engineer; Jana Snowball, 911 Director;
Brad Mulvihill, Community Corrections Program Manager; George Read,
Director of Planning; Bruce White, Assistant Legal Counsel; Roland
Gangstee, Adult Corrections; Paul Blikstad, Planner.
CONSENT AGENDA
1. Consent agenda items before the Board were: 1) signature of
Resolution No. 93-026 initiating proceedings to improve Cage
Road L.I.D.; 2) signature of BLM contract; 3) replacement,
reappointment, and addition of Children & Youth Commission
members; 4) signature of decision on File No. MP -92-29 and CU -
92 -92 for Denise Moody; and 5 ) appointment of Brad Chalfant to
the Bend Development Board Advisory Committee.
SCHLANGEN: I move approval of the consent agenda items 1-
5.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
2. APPROVAL OF PUBLIC HEARING NOTICE FOR 911 SERIAL LEVY ELECTION
Before the Board was a public hearing notice for a 911 Serial
Levy. Jana Snowball reported the levy amount for the fiscal
year 1993-94 is $870,428.86 and 1994-95 is $898,834.59.
SCHLANGEN: I move approval of notice for a public hearing
notice for 911 serial levy election.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
3. CONSIDERATION OF ORDER NO. 93-113 AUTHORIZING THE REFUND OF
TAXES
Before the Board was Order No. 93-113 authorizing the refund
of taxes in the amount of $3,235.04 and $425.63.
MICROFILMED KCE CIHEG
�1A`+ 2 993 P4, 91993
4.
5.
0126-1011
SCHLANGEN: I move signature of Order No. 93-113.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
DECISION ON CU -92-169 FOR WAYNE & IRMA BEST REQUEST FOR A
NONFARM DWELLING ON A 10 -ACRE PARCEL IN EFU-320 ZONE
Before the Board was a decision on CU -92-169 for Wayne & Irma
Best request for a nonfarm dwelling on a 10 -acre parcel in an
EFU-320 zone.
Chair Throop stated he could not support the approval of a
nonfarm dwelling. He was concerned that the approval of this
dwelling would initiate a pattern that would materially alter
the land use pattern in the area and shift the balance in uses
in this area to a resource use from a non -resource use. He
was also concerned about the inadequate public services and
the water source. He felt that the burden of proof was not
met on this application.
Commissioner Schlangen expressed concern about the
compatibility of this land use with the surrounding wildlife
area. She stated she was very concerned about the public
services such as fire protection, police and schools. She was
also concerned about the use of a cistern.
SCHLANGEN: I move the Wayne & Irma Best application be
denied.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
PUBLIC HEARING: FOR REMONSTRANCE FOR DEEDON ROAD L.I.D. AND
ORDER NO. 93-117 ABANDONING DEEDON ROAD L.I.D.
Before the Board was a remonstrance for Deedon Road L.I.D. and
Order No. 93-117 abandoning Deedon Road L.I.D. Tom Blust gave
the staff report. He reported that 11 remonstrances had been
received out of the 20 lots.
Chair Throop opened the public hearing. No one testified on
this issue.
MINUTES PAGE 2 APRIL 7, 1993
0126-1012
SCHLANGEN: I move the acceptance of the remonstrances for
Deedon Road and signature of Order No. 93-117
abandoning Deedon Road L.I.D.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
6. PUBLIC HEARING: FINAL HEARING OF ORDER NO. 93-086 OGDEN
ANNEXATION INTO RFPD #2
Before the Board was the final hearing of Order No. 93-086
Ogden annexation into RFPD #2. Bruce White gave the staff
report. He stated there was no objection to this annexation.
Chair Throop opened the public hearing. No one testified on
this issue.
SCHLANGEN: I move signature of Order No. 93-086.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
7. PUBLIC HEARING: FINAL HEARING OF ORDER NO. 93-077 LONIEN
ANNEXATION INTO RFPD #2
Before the Board was the final hearing of Order No. 93-077
Lonien Annexation into RFPD #2. Bruce White gave the staff
report. He reported he had not received any remonstrances or
objections to the annexation.
Chair Throop opened the public hearing. No one testified on
this matter.
SCHLANGEN: I move signature of Order No. 93-077 Lonien
annexation into RFPD #2.
SLAUGHTER:
VOTE:
Second.
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 3 APRIL 7, 1993
X140-1013
8. PUBLIC HEARING: FINAL HEARING OF ORDER NO. 93-087 BOULET
ANNEXATION INTO RFPD #2
Before the Board was the final hearing of Order No. 93-087
Boulet Annexation into RFPD #2. Bruce White reported there
was a problem with this item and requested the Board to sign
the order continuing the final public hearing until April 28,
1993. The legal description was published incorrectly in the
newspaper.
Chair Throop opened the public hearing. No one testified on
this matter.
By consensus the Board agreed to continue the public hearing
on April 28, 1993.
9. PUBLIC HEARING: FINAL HEARING OF ORDER NO. 93-078 CANYON
RIVER ANNEXATION INTO RFPD #1
Before the Board was the final hearing of Order No. 93-078
Canyon River Annexation into RFPD #1. Bruce White reported
the legal description was also published incorrectly in the
newspaper on this item. He requested the Board continue the
final public hearing on April 28, 1993.
Chair Throop opened the public hearing on Order No. 93-078.
No one testified on this issue.
By consensus, the Board continued the public hearing to April
28, 1993.
10. APPROVAL OF OUT-OF-STATE TRAVEL ON APRIL 26 & 27 TO THE
NATIONAL WORKGROUP ON JUVENILE PROBATION
Before the Board was a request for Brad Mulvihill to travel
out-of-state on April 26 & 27 to Sarasota, Florida to attend
a National Workgroup on Juvenile Probation. Brad Mulvihill
reported there would be no cost to the County.
SLAUGHTER: I move approval of the out-of-state travel
request for Brad Mulvihill.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 4 APRIL 7, 1993
011.13-1014
11. TRANSFER OF FUNDS FROM PAROLE SERVICES AND SANCTION TO CCRI
Before the Board was the transfer of funds from Parole
Services and Sanction to Community Corrections Resources, Inc.
in the amount of $43,599. Roland Gangstee reported that these
funds will be applied in accordance with the approved Half A
Chance program for parole released offenders.
SCHLANGEN: I move transfer of funds from Parole Services
and Sanction to CCRI in the amount of $43,599.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
12. SIGNATURE OF ORDER NO. 93-126 AMENDING ORDER NO. 93-097
AUTHORIZING THE REFUND OF TAXES
Before the Board was Order No. 93-126 amending Order No. 93-
097 authorizing the refund of taxes. Rick Isham reported this
was to correct a clerical error.
SCHLANGEN: I move signature of Order No. 93-126 amending
Order No. 93-097.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
13. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was consideration of accounts payable
vouchers in the amount of $164,796.31.
SCHLANGEN: I move approval of signature upon review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 5 APRIL 7, 1993
14. SIGNATURE OF DEVELOPMENT AGREEMENT FOR BRIAN & LINDA OPDYCKE
FOR INDUSTRIAL BUILDING IN THE REED MARKET INDUSTRIAL AREA
Before the Board was a development agreement for Brian & Linda
Opdycke for an industrial building in the Reed Market
industrial area.
SCHLANGEN: I move signature of development agreement.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
15. APPOINTMENT OF DOROTHY STEMKAMP TO THE HISTORICAL LANDMARK
COMMISSION
Before the Board was the appointment of Dorothy Stemkamp to
the Historical Landmark Commission.
SCHLANGEN: I move appointment of Dorothy Stemkamp.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
16. PUBLIC HEARING: CONSIDERATION OF ORDINANCE ON A PLAN
AMENDMENT TO EXPAND THE URBAN GROWTH BOUNDARY FOR BEND FOR THE
LAVE RIDGE ELEMENTARY SCHOOL SITE FOR BEND/LAPINE SCHOOL
DISTRICT
Paul Blikstad gave the staff report. He informed the Board
that two letters were received on April 6, 1993, in opposition
of the proposed urban growth boundary change. He reported the
Hearings Officer had recommended approval of this plan
amendment on March 1, 1993.
Chair Throop opened the public hearing. Chair Tom Throop
asked for disclosure from Commissioners for any pre -hearing
contacts in this matter. All three Commissioners reported
having no prehearing 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.
Bob Lovlien, representing the Bend/LaPine School District,
stated the school district has very good support from the
neighborhood. He reported the primary reason for the change
MINUTES PAGE 6 APRIL 7, 1993
t
was to be able to accommodate the extension of the Bend Sewer
to this project. He felt that by extending the sewer
services, it would be of benefit to the school as well as the
entire area.
There was no testimony in opposition of this plan amendment.
Chair Throop closed the public hearing.
Chair Throop asked Paul Blikstad if he was supportive of the
document which was issued from the Hearings Officer. Paul
stated he was supportive.
Nancy Pope Schlangen felt that the need for a public school
and all other areas was very well addressed. She felt the
transportation plan was excellent.
Chair Throop added that this application provided for an
orderly extension of urban services and that the school was
very compatible in the neighborhood.
SCHLANGEN:
SLAUGHTER:
VOTE:
SCHLANGEN:
SLAUGHTER:
VOTE:
SCHLANGEN:
SLAUGHTER:
VOTE:
I move approval of the plan amendment and zone
change of the Bend urban growth boundary for
the Bend/LaPine School District.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
I move first and second
No. 93-009 by title only.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
reading of Ordinance
I move adoption of Ordinance No. 93-009.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 7 APRIL 7, 1993
DATED this a6day of —L
Board of Commissioners of Deschu
ATTEST:
s
Recording Secretary
Nancy
fC
?�! �—J Vo If
1993, by the
, Oregon.
n, "Commiss
Barry H. Slaughter, Commissioner
MINUTES PAGE 8 APRIL 7, 1993