1994-10675-Minutes for Meeting December 15,1993 Recorded 3/15/199494-10675 0129-0031
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
December 15, 1993 -,
Chair Throop called the meeting to order at 10:03 a.m. Board
Members in attendance were Tom Throop, Nancy Pope Schlangen, and
Barry Slaughter. Also in attendance were Rick Isham, County
Counsel; Honey Searcey, Community Development Department; George
Read, Planning Director; Brad Chalfant, Property Manager; Larry
Rice, Public Works Director; Sue Stoneman, Support Services
Manager; Paul Blikstad, Planning; and Mike Maier, County
Administrator.
1. CONSENT AGENDA:
Consent agenda items before the Board of Commissioners were 1)
signature of Oregon State Health Division Revision #4 and
Association Expenditures; 2) signature of Development
Agreement for Donald Orr for an industrial building in the
Light Industrial Zone; 3) acceptance of a Declaration of
Dedication from Bend Metro Park & Recreation District; 4)
approval of State Purchasing Agreement; 5) approval of
agreement for Grade Crossing on Prairie Drive; 6 ) signature of
Order No. 93-232, changing the name of a portion of Ranch Road
to Brookswood Boulevard; 7) signature of Order NO. 93-233,
changing the name of Crow Road to Brookswood Boulevard; and 8 )
signature of Order No. 93-234, assigning the name of Calico
Road.
SCHLANGEN: I move approval of consent agenda items 1-7.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
2. SIGNATURE AND TRANSFER OF DEED TO NEWBERRY AREA HABITAT FOR
HUMANITY
Before the Board was signature and transfer of deed to
Newberry Area Habitat for Humanity. Brad reported the
Newberry Habitat had received the approval for their
affiliation with National Habitat which makes them a legal
Oregon corporation. The building of the habitat house will
begin in March with a completion date of July 1.
SCHLANGEN: I move signature and transfer of deed to
Newberry Area Habitat for Humanity.
SLAUGHTER: Second. JE'YP1994
'Y
3.
0129--0032
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: ON ORDINANCE NO. 93-063, A TEXT AMENDMENT,
TA -93-16, TO TITLE 18, SECTIONS 18.116, 18.124 AND 18.108, BY
BYRON HENDRICKS
Before the Board was a public hearing on Ordinance No. 93-063,
a text amendment, TA -93-16, to Title 18, sections 18.116,
18.124, and 18.108, by Byron Hendricks. George Read, Planning
Director, reported this was an amendment to the County Zoning
Ordinance that affects the PCI Zone. There is only one PCI
(Planned Community) Zone and it is in Sunriver.
Chair Throop opened the public hearing.
Byron Hendricks, applicant, reported that the required
setbacks on the existing property made his proposal too
difficult. The proposal was for an 19,000 square foot
building on the property. The text amendment was the logical
process to pursue to make this a workable situation for this
proposal as well as others in the business park.
Bill Hertsberg testified in support of the text amendment. He
felt the text amendment was a very good idea.
There being no further testimony, the public hearing was
closed.
SCHLANGEN: I move first and second reading of Ordinance
No. 93-063 by title only.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Chair Throop performed the first and second reading of
Ordinance No. 93-063.
SCHLANGEN: I move adoption of Ordinance No. 93-063.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
4. DECISION: ON THE FORMATION OF THE PORT OF LAPINE
MINUTES PAGE 2 DECEMBER 15, 1993
0129-0033
Before the Board was a decision on the formation of the Port
of La Pine. Rick Isham reviewed the process for the formation
of the Port of La Pine.
Chair Throop reported receiving one letter in opposition of
the formation of the Port of the La Pine which was from Ernie
Poole.
Commissioner Schlangen did not see any reason for a public
hearing on the boundaries.
Commissioner Slaughter felt there were benefits to all in the
La Pine area from the formation of this port district.
SCHLANGEN: I move the formation of the Port of La Pine
move forward to the May primary ballot as
there was no convincing statement made from
any property owners that they would not be
benefitted by being included in the district.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
5. SIGNATURE OF RESOLUTION NO. 93-111, ACCEPTING A PETITION TO
VACATE THE ALLEY IN BLOCK 31 OF LA PINE BETWEEN FIRST AND
SECOND STREET, ENGINEERS REPORT RELATING TO SAID VACATION, AND
ORDER NO. 93-224 SETTING A PUBLIC HEARING ON SAID VACATION
Before the Board was a signature of Resolution No. 93-111,
accepting a petition to vacate the alley in Block 31 of La
Pine between First and Second Streets, Engineers Report
relating to said vacation, and Order No. 93-224 setting a
public hearing on said vacation.
SCHLANGEN: I move signature of Resolution No. 93-111,
accepting a petition to vacation the alley,
and Order No. 93-224, setting a public hearing
on said vacation.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
6. SIGNATURE OF RESOLUTION NO. 93-112, ESTABLISHING A POLICY ON
UNDOCUMENTED STRUCTURES
MINUTES PAGE 3 DECEMBER 15, 1993
0129-0034
Before the Board was signature of Resolution No. 93-112,
establishing a policy on undocumented structures. Honey
Searcey, Community Development Department, reported it would
be best to adopt this to be effective on January 1, 1994.
SCHLANGEN: I move signature of Resolution No. 93-112.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
7. ADOPTION OF ORDINANCE NO. 93-051, SYSTEM DEVELOPMENT CHARGES,
RESOLUTION NO. 93-104, ADOPTION OF PARKS SYSTEM DEVELOPMENT
CHARGES, AND ORDINANCE NO. 93-054, TITLE 17 CHANGES TO
ACCOMMODATE SYSTEM DEVELOPMENT CHARGES
Before the Board was adoption of Ordinance No. 93-051, System
Development Charges Ordinance, Resolution No. 93-104, adoption
of Parks System Development Charges, and Ordinance No. 93-054,
Title 17 changes to accommodate System Development Charges.
Bruce White, Assistant County Counsel, reported the effective
date of Ordinance No. 93-051 would be December 15, 1993,
Resolution No. 93-104 effective January 1, 1994, and Ordinance
No. 93-054 effective December 15, 1993. He reported he had
drafted a letter to Mayor Terry Blackwell on behalf of the
Board regarding the system development charges.
Commissioner Slaughter expressed his concern regarding the
Park District not making it clear on how this is going to be
distributed. He was not satisfied that Resolution No. 93-104
should be passed at this time. He felt it would affect the
affordable housing situation and did not see where it would be
spent adjacent to where most of the housing is being built and
the fee is being collected. He did not think there was any
plan to initiate parks in the area where the housing was being
built to satisfy him.
Chair Throop felt this presented a problem. A week ago Chair
Throop thought the Board was unanimous on this issue.
SCHLANGEN: I move first and second reading of Ordinance
No. 93-051 by title only.
SLAUGHTER:
VOTE:
Second.
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 4 DECEMBER 15, 1993
0129-0035
Chair Throop performed the first and second reading of
Ordinance No. 93-051.
SCHLANGEN:
I move adoption of Ordinance No. 93-051.
SLAUGHTER:
Second.
VOTE:
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
SCHLANGEN:
I move first and second reading of Ordinance
No. 93-054 by title only.
SLAUGHTER:
Second.
VOTE:
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Chair Throop
performed the first and second reading of
Ordinance No.
93-054 by title only.
SCHLANGEN:
I move adoption of Ordinance No. 93-054.
SLAUGHTER:
Second.
VOTE:
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
SCHLANGEN:
I move signature of Resolution No. 93-104.
THROOP:
I'll second the motion.
VOTE:
SCHLANGEN: YES
SLAUGHTER: NO
THROOP: YES
8. SIGNATURE OF FINDINGS. DECISIONS AND ORDER NO. 93-225 SUNRIVER
INCORPORATION
Before the Board was signature of findings and decisions and
Order No. 93-225, the final order referring the Sunriver
incorporation
to the May primary election.
SCHLANGEN:
I move signature of findings, decisions and
Order No. 93-225 Sunriver Incorporation.
SLAUGHTER:
Second.
VOTE:
SCHLANGEN: YES
MINUTES PAGE 5
DECEMBER 15, 1993
9.
0129-00'76
SLAUGHTER: YES
THROOP: YES
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of weekly accounts payable
vouchers in the amount of $1,890,975.34.
SCHLANGEN: I move approval of weekly accounts payable
vouchers subject to review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
10. SIGNATURE OF OREGON DEPARTMENT OF TRANSPORTATION/ BEND PARKWAY
SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION OF BUTLER ROAD/ADDISON
STREET FRONTAGE ROAD
Before the Board was signature of Oregon Department of
Transportation/Bend Parkway Supplemental Agreement for
construction of Butler Road/Addison Street Frontage Road.
Larry Rice reported there would be 100% reimbursement from
Oregon Department of Transportation on this project.
SCHLANGEN: I will move signature of supplement agreement
for construction of Butler Market Road with
Oregon Department of Transportation.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
11. SIGNATURE OF CONSERVATION EASEMENT FOR RICHARD RIDENOUR FOR
LOT 4 BLOCK 1 FIRST ADDITION TO SKYLINE SUBDIVISION
Before the Board was signature of a conservation easement for
Richard Ridenour for Lot 4, Block 1, first addition to Skyline
Subdivision.
SCHLANGEN: I move signature of conservation easement.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 6 DECEMBER 15, 1993
0129-0037
12. SIGNATURE OF ORDER NO. 93-235, BUDGETED CASH TRANSFER FOR THE
1993-94 DESCHUTES COUNTY BUDGET
Before the Board was signature of Order No. 93-235, budgeted
cash transfer for the 1993-94 Deschutes County budget.
SCHLANGEN: I move signature of Order No. 93-235.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
13. SIGNATURE OF RESOLUTION NO. 93-113, INCREASING THE BOARD OF
COMMISSIONERS IMPREST ACCOUNT
Before the Board was signature of Resolution No. 93-113,
increasing the Board of Commissioners Imprest Account.
SLAUGHTER: I'll move approval of Resolution No. 93-113.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
14. SIGNATURE OF PLAT ON MP -91-49, CREATING TWO 20 -ACRE PARCELS
WITH 9 ACRES OF IRRIGATION EACH FOR JOHN ADAMS IN AN EFU ZONE
Before the Board was signature of a plat on MP -91-49, creating
two 20 -acre parcels with 9 acres of irrigation each for John
Adams in an EFU Zone.
SCHLANGEN: I move signature of plat.
SLAUGHTER: Second.
DISCUSSION: Chair Throop remembered that he had been a
"no" vote on this in the past.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: ABSTAINED
15. PUBLIC HEARING: ON AN APPEAL OF THE HEARINGS OFFICER'S
DECISION ON V-93-7 AND MP -92-53, A VARIANCE OF THE ROAD
STANDARDS OF TITLE 17 AND PARTITION TO DIVIDE A 40 -ACRE PARCEL
INTO THREE PARCELS IN AN MUA ZONE, BY DIAMOND DEVELOPMENT
MINUTES PAGE 7 DECEMBER 15, 1993
0129-0038
Before the Board was a public hearing on an appeal of the
Hearings Officer's decision on V-93-7 and MP -92-53, a variance
of the road standards of Title 17 and partition to divide a
40 -acre parcel into three parcels in an MUA Zone by Diamond
Development.
Paul Blikstad, Planner, reported this is a variance to the
road standards of Title 17 to allow a partition off of an
easement and also to have a cul de sac length longer than 600
feet. The partition is to divide a 40 -acre parcel into one 20
and two 10 -acre parcels in an MUA-10 Zone. This matter was
heard before the County's Hearing Office on April 6, 1993.
The Hearings Officer denied the variance request based on the
problems with the proposed access to the three parcels. The
applicant has indicated there is an alternative access
available to this property, which would move the access
northward.
Larry Rice reported an objection to the variance because they
did not meet the code for a right-of-way in a public road for
a partition.
Chair Throop asked if we allowed applications for variance
under that code. Larry Rice reported that for cul de sac
variances it is allowed. Paul Blikstad reported the applicant
applied under the old standards.
Chair Throop opened the public hearing.
Steve Hensley of Diamond Development reported the original
application was denied by Mr. Fitch because of the narrow
roadway. When Diamond Development bought the property it was
the only access to the property. Since the time of the
denial, that issue has been addressed by the acquisition of
the other road.
Lois Schulz testified in support of the variance as long as
they kept the old road closed.
Chair Throop stated a condition of approval could be added
that stated they cannot open the new road without closing the
old road.
Chair Throop asked whether Ms. Schulz had any problem with the
new road being dedicated to the public rather than an
easement. Ms. Schulz stated she did not have a problem with
that.
There being no further testimony, Chair Throop closed the
public hearing.
MINUTES PAGE 8 DECEMBER 15, 1993
®129--0089
The Board will leave the written record open until 4:30 p.m.
on December 22, 1993. The decision on this issue will be made
on December 29, 1993, at the regular Board meeting.
DATED this i -5 -1-h day of , 1993, by the
Board of Commissioners of Deschutep County, Oregon.
To�op,I Chair
Nan y Pope chl ngen, ommissi ner
ATT 7,1.41
k�p� h�l
Recording Secretary Barry H. Slaughter, Commissioner
MINUTES PAGE 9 DECEMBER 15, 1993