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1993-33059-Minutes for Meeting August 04,1993 Recorded 9/16/19930128-1 10 = n MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS August 4, 1993 yrs p Chair Throop called the meeting to order at 10:06 a.m. Band members in attendance were Tom Throop, Nancy Pope Schlangen and Barry Slaughter. Also in attendance were Rich Isham, Legal Counsel; Mike Maier, County Administrator; Larry Rice, Public Works Director; Kevin Harrison, Planner; Brian Harrington, Planner; George Read, Planning Director; Susan Mayea, Support Services Manager; Brad Chalfant, Property Management; Bruce White, Assistant Legal Counsel; Paul Blikstad, Planner; and Susie Penhollow, County Clerk. 1. CONSENT AGENDA Consent agenda items before the Board were 1) signature of correction to Warranty Deed for right-of-way acquisition on Butler Market Road; 2) signature of Cooperative Improvement Agreement with Oregon Department of Transportation; 3) liquor license application renewals for East Lake Resort, Paulina Lake Resort and Hampton Station; 4) signature of Resolution No. 93-079 increasing the imprest cash account for handling minor disbursements for the Health Department; 5) liquor license application for Sisters KOA Campground; 6) award of contract for construction of Powers Road; and 7) signature of Order No. 93-183, designating a newspaper to publish 1993-94 foreclosure list. SCHLANGEN: I move approval of consent agenda items #1-7. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. UPDATE ON BEGINNING CASH Budget Officer Nancy Pope Schlangen reported there was good news and bad news. She reported the good news is that the beginning cash balance is up. She stated that last year the beginning cash balance was over $150,000 short. She felt the various department had managed their budgets very well and had been very careful in their hiring and purchasing of supplies. Commissioner Schlangen reported there was approximately $349,830 in surplus beginning cash. Commissioner Schlangen reported there were some departments that were overspent, however. Community Corrections and MINUTES PAGE 1 AUGUST 4, 1993 L 0128-00"1 1 Community Development Departments were the departments of concern. She felt it was necessary to meet with these two departments before any decisions were made regarding what to do with the $349,830. Commissioner Schlangen reported that were still some unknowns such as what effect Salem will have on several of our departments. Commissioner Schlangen stated she would strongly recommend going to a 37 1/2 hour work week for five days a week beginning October 1, 1993, if all things work out right. Mike Maier reported these numbers are not received until the last week of July so he is unable to get these figures out until August. 3. PUBLIC HEARING: ORDINANCE NO. 93-036, AMENDING THE REDMOND URBAN AREA ZONING ORDINANCE, PROVIDING FOR MANUFACTURED HOUSING IN THE R-4 ZONE Before the Board was a public hearing on Ordinance No. 93-036, amending the Redmond Urban Area Zoning Ordinance, providing for manufactured housing in the R-4 Zone. Kevin Harrison reported this was to reinstate a provision for manufactured housing in the R-4 Zone that was established in 1991 and has an annual sunset clause. Chair Throop opened the public hearing. There being no testimony, the public hearing was closed. SCHLANGEN: I move first and second reading of Ordinance No. 93-036 by title only. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Throop performed the first and second reading of Ordinance No. 93-036 by title only. SCHLANGEN: I move adoption of Ordinance No. 93-036 SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 2 AUGUST 4, 1993 W 0128-0G12 4. PUBLIC HEARING: ON A-93-3, AN APPEAL BY LAVERNE AND DELLA BJERK OF THE PLANNING DIRECTOR'S DECISION NOT TO PROCESS THE APPLICANTS' APPEAL OF HEARINGS OFFICER'S DECISION FILE #A-92- 20 Before the Board was a public hearing on #A-93-3, an appeal by Laverne and Della Bjerk of the Planning Director's decision not to process the applicants' appeal of the Hearings Officer's decision on file #A-92-20. Brian Harrington reported on October 12, 1992 the Hearings Officer issued a decision of approval for a Bed & Breakfast proposal which was a conditional use permit. The applicant appealed the condition of approval #2 of the Hearings Officer's decision which required a well to be established on the property. The notice of appeal did not include a request for a copy of the tape, a record of the hearing dated August 4, 1992, as required by the County's procedures ordinance. A tape of the hearing was prepared by the planning division and picked up by the applicants attorney on November 4, 1992. Brian noted that the deadline for submitting that transcript was November 14, 1992. Two days later, on November 16, 1992, the planning division receive a letter from the applicant's attorney requesting an extension of time in which to submit the transcript of the hearing. A request for a second copy of that tape was included in the letter. On January 7, 1993, the planning director issued a letter stating the County could not accept the subject appeal based upon the failure to meet the timelines. On January 19, 1993, the applicants attorney filed a notice of appeal and filing fee. On January 29, 1993, the applicants attorney submitted a letter requesting an additional copy of the tape of the hearing. To this date, no transcript of the tape had been submitted to the planning division by the applicant's attorney. On February 24, 1993, the applicant's attorney had submitted supplemental information to the hearings officer which at that time was the first issuance of a copy of the transcripts that staff had seen. On March 8, 1993, the Hearings Officer issued a letter that the planning division refer this matter to the Board of County Commissioners for a final decision. Brian reported the basic issue before the Board was whether there were provisions in the County ordinance for exceptions in the timely submission of a transcript. Bruce White, Assistant County Counsel, stated that it appeared no request had been made for the tape. He felt the proper forum for this appeal should have been to LUBA. He reported there was some case law from Washington County wherein the planning director rejected an appeal to the Washington County Board of Commissioners because the appeal had not been signed by the applicant. The Court of Appeals felt the planning director appropriately rejected the appeal because of the applicants failure to sign the application. MINUTES PAGE 3 AUGUST 4, 1993 0128-0073 Commissioner Throop asked if the opportunity for LUBA to hear this was also expired. Bruce White reported that time period expired twenty-one days after the letter was sent out. Chair Throop opened the public hearing. Bob Lovlien, attorney for the Bjerks, explained how this came about. He reported the procedure he always followed was to file the notice of appeal and request a copy of the tape verbally. He reported upon receiving the tape he immediately sent it out to a court transcription service. Bob Lovlien reported his office does not have the equipment to be able to transcribe the tape therefore they sent it out to have it done. He reported making numerous attempts to get the transcript from Words, Words, Words. He reported that November 14, 1992, was on a Saturday which means November 16, 1992 was the next working date. He reported receiving promises of getting the transcript all the way up to 5:00 p.m. on November 12, 1992. He felt the only thing he could do at that time was to file for an extension for filing that transcript. His office did not have a copy of the tape at that time. In the meantime his office has purchased transcription equipment and trained someone to operate it. He felt a timely request for an extension had been made by the applicant but reasons outside the control of the applicant created the problem. Chair Throop asked Bob Lovlien when he became involved in this case. Bob Lovlien stated that he represented the Bjerks at the time of the original hearing. Bob Lovlien reported he could not get the tape or the transcription from Words, Words, Words. He had to request another copy of the tape in order that his office could transcribe it. Bob Lovlien reported his office had used the transcription agency in the past without a problem. Chair Throop requested Bob Lovlien and Bruce White discuss whether the tape was requested. Bruce White asked Bob Lovlien what date the tape first was requested. Bob Lovlien indicated that a copy of the tape was requested orally when the appeal was filed and this has been their standard way of doing it. Dirk Van Houweling of 65160 Smokey Ridge Road, a neighbor of the Bjerks, questioned the reason for the transcript being necessary to file an appeal. Rick Isham, Legal Counsel, explained the appeal process for Mr. Van Houweling. He expressed concern about the length of time involved in the appeal by the Bjerks. He testified in opposition of allowing the appeal. MINUTES PAGE 4 AUGUST 4, 1993 0128-00;4 Chair Throop closed the public hearing. The record will remain open until 5:30 p.m. on August 5, 1993. A decision will be made on August 11, 1993. 5. PRESENTATION/UPDATE ON LAPINE PORT DISTRICT FORMATION Becky Lu Brown reported this is the first new port to be formed since the late 19501s. The boundary of the Port District would be north of the Klamath County border to encompass the community of LaPine. She submitted a draft of the economic feasibility statement to the Board. She reported forming a Port District included contacting the Oregon Department of Economic Development as they are required to sign off on the paperwork. There is a sixty day public notice period. She reported approval can be given prior to the end of the sixty day period. She felt an approval from the Portland office would be received soon and she could start gathering signatures on the petition by the end of August. She stated there needed to be 537 signatures on the petition and it needed to be filed with the Board by November 18, 1993. This would allow it to go forward on a tax base request as part of the formation for the May primary election in 1994. 6. PUBLIC HEARING: ORDER NO. 93-155 THE FORMATION OF SWALLEY IRRIGATION DISTRICT Before the Board was Order No. 93-155, the formation of Swalley Irrigation District. Bruce White reported this is the first irrigation district to be formed in years. Notice has been published in the "Bulletin" once each week for four weeks on July 9, 16, 23, and 30, 1993. Chair Tom Throop opened the public hearing. Charlie Brown, Office Manager for Swalley Water Company, testified in support of the formation of Swalley Irrigation District. He thanked the County staff for the effort put forth in the formation of this irrigation district. He reported that Bob Main, Watermaster, has been involved in this process as it has progressed. He provided a copy of the petition signatures to the Board. He stated that notice has been published in the newspaper once each week for four weeks as required. He requested the Commissioners approve the boundaries and provide a map for their information as to where these proposed boundaries are located. He reported there are lands within the city limits with less than one acre that wish to continue to be served by Swalley Water. Commissioner Throop asked if they were required to have a specific boundary and legal description when they were a company. Mr. Brown reported the boundaries are new because of the formation of the irrigation district. MINUTES PAGE 5 AUGUST 4, 1993 7. 0128-0075 Charlie Brown requested the Commissioners approve the proposed boundaries as they have already been approved by the State Department of Revenue. He submitted a copy of the approval from the State Department of Revenue. He also requested the Commissioners establish a date for the final election. Mr. Brown reported that Swalley was formed in 1899. The membership voted on March 7, 1931 to make a conversion to an irrigation district but papers were never filed. The stockholders voted on March 3, 1993, to make the conversion to an irrigation district. Susie Penhollow, Deschutes County Clerk, reported the list of signatures on the petition have been verified and there are fifty-five, which is more than they need. Bruce White reported the next step for the Board would be to issue an Order which will be ready for signature next week. He requested the public hearing be continued to August 11, 1993. Susie Penhollow reported the September election is a vote by mail election. The Swalley Irrigation District cannot be included on a vote by mail ballot. She reported a separate election will be held for this district because it does not deal with voters, it deals with landowners. She will review the statutes to see when this election can be held. Chair Throop continued the public hearing to Wednesday, August 11, 1993, at 10:00 a.m. DECISION ON ORDINANCE NO. 93-037, CHANGES TO THE TRANSPORTATION PLAN MAP FOR THE BEND URBAN AREA FOR THE HIGHWAY 20/HIGHWAY 97/COOLEY ROAD/ROBAL LANE TRIANGLE AREA Before the Board was Ordinance No. 93-0371 changes to the Transportation Plan Map for the Bend Urban Area for the Highway 20/Highway 97/Cooley Road/Robal Lane Triangle area. SCHLANGEN: I move first and second reading of Ordinance No. 93-037 by title only. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Throop performed the first and second reading of Ordinance No. 93-037. MINUTES PAGE 6 AUGUST 4, 1993 osis -Dots SCHLANGEN: I move adoption. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 8. ORDINANCE NO. 93-012, AMENDING TITLE 17 OF THE COUNTY CODE, THE DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE Before the Board was Ordinance No. 93-012, amending Title 17 of the County Code, the Deschutes County Subdivision/Partition Ordinance. George Read recommended removing the lot line adjustment language from the ordinance for now. Bruce White stated that section 65-69 needed to be deleted from the ordinance. He reported there were a few other minor changes to the ordinance to correct typographical errors. SCHLANGEN: I move first and second reading of Ordinance No. 93-012 by title only. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Throop performed the first and second reading of Ordinance No. 93-012 by title only. SCHLANGEN: I move adoption of Ordinance No. 93-012 with sections 65-69 deleted. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 9. SIGNATURE OF FINANCIAL SEGREGATION AGREEMENT FOR JOHN R. JOHNSON Before the Board was signature of a financial segregation agreement for John R. Johnson. SCHLANGEN: I move signature of a financial segregation agreement for John R. Johnson subject to review. SLAUGHTER: Second. MINUTES PAGE 7 AUGUST 4, 1993 0128-00"t"7 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 10. SIGNATURE OF MYLARS FOR RIVER RIDGE TWO CONDOS OF MT. BACHELOR VILLAGE, STAGE D, FOR MT. BACHELOR VILLAGE CORPORATION Before the Board was signature of mylars for River Ridge Two Condos of Mt. Bachelor Village, Stage D, for Mt. Bachelor Village Corporation. SCHLANGEN: I move signature of mylars. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 11. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of weekly accounts payable vouchers in the amount of $430,793.35. SCHLANGEN: I move approval of weekly accounts payable vouchers upon review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 12. APPROVAL OF OUT-OF-STATE TRAVEL FOR LARRY RICE TO ATTEND APWA CONFERENCE AND GIS TEAM TO ATTEND A USERS CONFERENCE Before the Board was request for approval of out-of-state travel for Larry Rice to attend APWA Conference and GIS Team to attend a users conference. SCHLANGEN: I move approval of out-of-state travel for Larry Rice and GIS Team to attend a users conference. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 8 AUGUST 4, 1993 r 0128-00 t 8 13. SIGNATURE OF RESOLUTION NO. 93-080 APPROVING OREGON BUSINESS DEVELOPMENT FUNDS PROJECT PROPOSAL BY METABOLIC MAINTENANCE PRODUCTS Before the Board was signature of Resolution No. 93-080 approving Oregon Business Development Funds Project proposal by Metabolic Maintenance Products. SCHLANGEN: I move signature of Resolution No. 93-080. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 14. AUTHORIZATION OF PROPERTY MANAGER TO SIGN PERSONAL SERVICE AGREEMENT WITH DANA BRATTON FOR APPRAISAL ON THE OLD COUNTY SHOPS Before the Board was a request for authorization of property manager to sign personal service agreement with Dana Bratton for appraisal of the old county shops. Brad Chalfant reported the amount of the appraisal was not to exceed $3,000. SCHLANGEN: I move authorization of property manager to sign personal service agreement with Dana Bratton. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 15. APPOINTMENT OF PAULCLAEYSSEENS TO THE DESCHUTES COUNTY LANDMARK COMMISSION Before the Board was appointment of Paul Claeysseens to the Deschutes County Historic Landmark Commission. SCHLANGEN: I move appointment of Paul Claeysseens to the Deschutes County Landmark Commission. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 9 AUGUST 4, 1993 0128-0019 16. ACCEPTANCE OF QUITCLAIM DEED FOR 10 -FOOT STRIP ON BUTLER MARKET ROAD Before the Board was acceptance of a Quitclaim Deed for a 10 - foot strip on Butler Market Road. SCHLANGEN: I move acceptance of Quitclaim Deed. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 17. SIGNATURE OF ORDER NO. 93-172, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order NO. 93-172, authorizing the refund of taxes in the amount of $21,991.36. SCHLANGEN: I move signature of Order No. 93-172, authorizing the refund of taxes. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 18. APPROVAL OF LIQUOR LICENSE RENEWAL APPLICATIONS FOR LUCKY_'S TAVERN AND ROCK SPRINGS GUEST RANCH LTD. Before the Board was approval of liquor license renewal applications for Lucky's Tavern and Rock Springs Guest Ranch Ltd. SCHLANGEN: SLAUGHTER: VOTE: I move approval. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 19. SIGNATURE OF FINAL MYLAR FOR WESTPINE TOWNHOME CONDOMINIUMS STAGE I Before the Board was signature of final mylar for Westpine Townhome Condominiums, Stage I. SCHLANGEN: I move signature of mylar. SLAUGHTER: Second. MINUTES PAGE 10 AUGUST 4, 1993 0128-0088 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this day of 1993, by the Board of Commissioners of Deschute tounty, Oregon. Tc*n hroop, Y Chair `Nancy Pop Sc�la gen, CommissAoher ATT Recording Secre ary Barry H. Slaughter, Commissioner MINUTES PAGE 11 AUGUST 4, 1993