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1994-26567-Minutes for Meeting April 20,1994 Recorded 6/28/199494-26567 0135-2613 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS April 20, 1994 Chair Nancy Pope Schlangen called the meeting to order at 10:02 a.m. Board of County Commissioners in attendance''were,,N-atTcy_Pope Schlangen, Tom Throop, and Barry Slaughter. Also.,,ih attendance were Rick Isham, County Counsel; Tom Blust, County Engineer; Brian Harrington, Planner; Mike Hall, Historical Society; Susan Mayea, Support Services Manager; Brad Chalfant, Property Manager; Sue Stoneman, Support Services Manager; Bruce White, Assistant County Counsel; and Mike Maier, County Administrator. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were 1) acceptance of three Warranty Deeds for the Empire Avenue/18th Street Project; 2) authorization to let contract for the subgrade construction of 18th Street/Cooley Road Project; 3) signature of Warranty Deed for Butler Road extension; 4) signature of Community Dispute Resolution Program and Victim Offender Reconciliation Program; 5) purchase of real property known as Lot 6, Block 2, La Pine Industrial Site; 6) signature of final plat for MP -93-13, partition to divide an 80 -acre parcel into two 40 -acre parcels in an EFU-AL Zone; 7) signature of a liquor license for SMGA partnerships DBA Widgi Creek Golf Club; and 8) signature of County Services Building roof contract. THROOP: I'll move approval of consent agenda items 1- 8. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. SIGNATURE OF RESOLUTION NO. 94-037, APPROPRIATING NEW GRANT FUNDS FOR THE COMMISSION ON CHILDREN & FAMILIES, RESOLUTION NO. 94-041 APPROPRIATING NEW GRANT FUNDS FOR THE JUVENILE CORRECTIONS DIVISION, RESOLUTION NO. 94-042, APPROPRIATING NEW GRANT FUNDS FOR MENTAL HEALTH SERVICES, AND RESOLUTION NO. 94- 043 APPROPRIATING NEW GRANT FUNDS FOR THE HEALTH DEPARTMENT Before the signature of Resolution No. 94-037, appropriating new grant funds for the Commission on Children & Families, Resolution No. 94-041, appropriating new grant funds for the Juvenile Corrections Division, Resolution No. 94-042, appropriating new grant funds for the Mental Health erXices, MINUTES PAGE 1 APRIL 20, 1994 3. 0135-2614 and Resolution No. 94-042, appropriating new grant funds for the Health Department. Susan Mayea reported the grants were in the amounts of $54,000 for the Commission on Children & Families, $23,000 for the Juvenile Corrections Division, $560,000 for the Mental Health Services, and $69,180 for the Health Department. THROOP: I'll move approval of Resolutions No. 94-037, 94-041, 94-042 and 94-043. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PUBLIC HEARING ON THE SISTERS URBAN AREA ORDINANCE CREATING A NEW ZONING DISTRICT, AIRPORT OVERLAY ZONE Before the Board was a public hearing on the Sisters Urban Area Ordinance creating a new Airport Overlay Zone. Brian Harrington reported receiving a letter in opposition from the Oregonians in Action and a rebuttal letter from the Oregon Department of Transportation. The Planning Division recommends the Board of County Commissioners adopt proposed Ordinances No. 94-019 and No. 94-023 to facilitate the finalization of the City of Sisters periodic review. Chair Schlangen stated that she had received a letter from Alfred Goodwin in addition to the letters Brian Harrington had received. Chair Schlangen opened the public hearing. Alfred Goodwin testified in opposition. He reported he was one of the owners of the Barclay Ranch. He reported the land in question was presently used as pasture land. Chair Schlangen asked if this would change the historical use of this property. Alfred Goodwin stated that this would not prevent them from irrigating the land or using it for pasture. Commissioner Throop asked if Mr. Goodwin saw an alternative to this ordinance. Alfred Goodwin felt the first alternative was to leave it as it was now. He felt another alternate was to limit the use of the airport. MINUTES PAGE 2 APRIL 20, 1994 4. 0135-2615 Don Jacobson testified in opposition. He felt it would have a long term negative impact on the City of Sisters. He also felt the possibility of turning this into a private airport should be explored. Commission Throop stated that the taxes on the airport would increase dramatically if it was converted to a private use airport. Jim Goodwin testified in opposition. He stated he was part owner of the Barclay Ranch. Heidi Kennedy, City of Sisters Planner, stated that this ordinance would not change the zoning. Commissioner Throop asked if it was true that the immediate ten acres beyond the end of the runway would be buildable at zero height. Heidi Kennedy responded that at the end of the runway that would be true. After some discussion, the Board of County Commissioners felt it was necessary to continue the public hearing. They wanted to give Cliff Clemons and State Aeronautics an opportunity to be involved in these discussions. The continued public hearing was scheduled for Monday, May 9, 1994, at 10 a.m. PUBLIC HEARING ON THE EXCHANGE OF REAL PROPERTY WITH BEND MILLWORKS SYSTEMS, INC. AND ORDER NO. 94-045, DIRECTING THE EXCHANGE Before the Board was a public hearing on the exchange of real property with Bend Millworks Systems, Inc. and Order No. 94- 045, directing the exchange. Brad Chalfant reported the County is acquiring property for the extension of Butler Market from Bend Millworks. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. THROOP: I'll move approval of Order No. 94-045, directing the exchange. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 3 APRIL 20, 1994 0135-2616 5. SIGNATURE OF ORDINANCE NO. 94-025, LOCAL IMPROVEMENTS Before the Board was signature of Ordinance No. 94-025, Local Improvements. THROOP: I'll move first and second reading by title only of Ordinance No. 94-025, with the amendment on page 10, 12.48.200 subsection A, which would add a comma at the end of that section and reads, "unless the Board exercises its discretion under subsection "C" to modify the proposal period." SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Schlangen performed the first and second reading of Ordinance No. 94-025 by title only. THROOP: SLAUGHTER: VOTE: I move adoption. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 6. SIGNATURE OF RESOLUTION NO. 94-039, INITIATING THE SQUAW CREEK CANYON RECREATIONAL ESTATES L.I.D. Before the Board was signature of Resolution No. 94-039, initiating the Squaw Creek Canyon Recreational Estates Local Improvement District. SLAUGHTER: I would move approval of Resolution No.94-039, initiating the Squaw Creek Canyon Recreation Estates L.I.D. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES TOM THROOP HAD AN APPOINTMENT AND HAD TO LEAVE THE BOARD MEETING AT THIS POINT. MINUTES PAGE 4 APRIL 20, 1994 0135-261'7 7. SIGNATURE OF RESOLUTION NO. 94-044, TRANSFERRING APPROPRIATIONS WITHIN 1993/94 DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 94-044, transferring appropriations with the 1993/94 Deschutes County Budget. SLAUGHTER: I would move approval of Resolution No. 94- 044, transferring appropriations with the 1993/94 Deschutes County Budget. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 8. SIGNATURE OF ORDER NO. 94-071, TRANSFERRING CASH WITHIN DESCHUTES COUNTY 1993/94 BUDGET Before the Board was signature of Order No. 94-071, transferring cash within the 1993/94 Deschutes County Budget. SLAUGHTER: I would move approval of Order No. 94-071, transferring cash within the Deschutes County 1993/94 Budget. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 9. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of weekly accounts payable vouchers in the amount of $418,260.71. SLAUGHTER: I would approval upon review. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 10. SIGNATURE OF RESOLUTION NO. 94-045, RATIFYING CHAIR SIGNATURE OF THE HISTORIC PRESERVATION FUND AGREEMENT Before the Board was signature of Resolution No. 94-045, ratifying the Chair's signature of the Historic Preservation Fund Agreement. MINUTES PAGE 5 APRIL 20, 1994 0135-2618 Mike Hall reported this was the ratification of the State Historic Preservation Office Grant in the amount of approximately $10,000. SLAUGHTER: I would move approval of Resolution No. 94- 045, ratifying the Chair's signature of the Historic Preservation Fund Agreement. SCHLANGEN: I second the motion VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 11. SIGNATURE OF MYLAR FOR WINDANCE ESTATES, PHASE II Before the Board was signature of a mylar for Windance Estates, Phase II. SLAUGHTER: I move approval of mylar for Windance Estates, Phase II. SCHLANGEN: I second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 12. SIGNATURE OF MYLAR FOR PARK PLACE ESTATES IN REDMOND Before the Board was signature of a mylar for Park Place Estates in Redmond. SLAUGHTER: I would signature on mylar for Park Place Estates in Redmond. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 13. SIGNATURE OF ORDER NO. 94-044, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 94-044, authorizing the refund of taxes. SLAUGHTER: I move signature of Order No. 94-044, authorizing the refund of taxes. MINUTES PAGE 6 APRIL 20, 1994 0135-2619 SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED DATED this old -"b day of L2, 1994, by the Board of Commissioners of Depchutes County, Oregon. 7,!a-/-�,,,,,, Recording Sec etary Sc)hlangen, C --i'm+(rapno Tom hroop, tommissioner &"I� �,- I" bi-y Barry H. Slaughter, Commissioner MINUTES PAGE 7 APRIL 20, 1994