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1994-34250-Minutes for Meeting May 11,1994 Recorded 8/17/199494-34250 OIL16-1814 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS May 11, 1994 Chair Schlangen called the meeting to order at 10:15 a.m. Board of County Commissioners in attendance were Nancy Pope Schlangen, Barry Slaughter, and Tom Throop. Also in attendance were Paul Blikstad, Planner; Tom Blust, County Engineer; Kevin Harrison, Planner; Brad Chalfant, Property Manager; Scott Johnson, Commission on Children & Families Director; Rick Isham, County Counsel; Brian Harrington, Planner; George Read, Community Development Director; Mike Viegas, Risk Manager; and Sue Stoneman, Support Services Manager. CONVENE AS DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT 1. SIGNATURE OF ORDER NO. 94-078, TRANSFERRING CASH WITHIN 911 COUNTY SERVICE DISTRICT BUDGET Before the Governing Body of Deschutes County 911 was signature of Order No. 94-078, transferring cash within 911 County Service District Budget. SLAUGHTER: I would move transfer of cash within the 911 County Service District budget. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. SIGNATURE OF RESOLUTION NO. 94-049, TRANSFERRING APPROPRIATIONS WITHIN 911 COUNTY SERVICE DISTRICT BUDGET Before the Governing Body of Deschutes County 911 was signature of Resolution No. 94-049, transferring appropriations within 911 County Service District budget. SLAUGHTER: THROOP: VOTE: I would move approval of Resolution No. 94- 049, transferring appropriations within the 911 County Service District budget. Second the motion. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES r' Un 3. 4. 5. 0136-1845 RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of acceptance of Warranty Deed for Butler/4th Street extension; 2) signature of Easement Deed for the Cascade Lakes Highway; and 3) signature of subordination for Pacific Science & Technology Company for a new expansion. THROOP: I'll move approval of the three consent agenda items. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES APPROVAL OF DOCUMENTS RELATING TO TAX EXEMPT FINANCING FOR NEW FIRE STATION Before the Board was approval of documents relating to the tax exempt financing for a new fire station in Sunriver. Mike Levine, Sunriver Owners Association, reported they were asking the County's assistance in facilitating the financing of the construction costs of the Sunriver Fire Station. The fire station loan would be in the amount of $820,000 at 5.5% through the Bank of the Cascades. SLAUGHTER: I would approval of documents relating the tax exempt financing for the new Sunriver Fire Station and set a public hearing on June 1, 1994. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF RESOLUTION NO. 94-051, DECLARING INTENT TO TRANSFER INTEREST IN REAL PROPERTY WITH TRINITY EVANGELICAL LUTHERAN CHURCH Before the Board was signature of Resolution No. 94-051, declaring intent to transfer interest in real property with Trinity Evangelical Lutheran Church. Brad Chalfant reported this releases the County's reversionary interest in property held by Bend Metro Park & Recreation at Canal Park. This resolution sets a public hearing for that transfer. MINUTES PAGE 2 MAY 11, 1994 6. 0136-1846 THROOP: I'll move approval of the resolution setting the hearing. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DECISION: ON PL -17, THE SISTERS URBAN AREA ORDINANCES CREATING AN AIRPORT OVERLAY ZONE Before the Board was a decision on PL -17, the Sisters Urban Area Zoning ordinance, creating an airport overlay zone. Brian Harrington reported there were no objections to the ordinance as proposed with respect to the urban area. There was objection directed toward the areas or impacts outside the urban area. THROOP: I would move first and second reading, by title only, of Ordinance No. 94-019. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Schlangen performed the first and second reading of Ordinance No. 94-019 by title only THROOP: I'll move adoption. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES THROOP: I move first and second reading, by title only, of Ordinance No. 94-023. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Schlangen performed the first and second reading of Ordinance No. 94-023 by title only. MINUTES PAGE 3 MAY 11, 1994 7. SLAUGHTER: Move approval of No. 94-023. 0136-184' THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES CONTINUED PUBLIC HEARING ON ORDINANCE NO.94-026 AMENDING CHAPTER 18.16 OF THE DESCHUTES COUNTY CODE NONFARM DWELLINGS Before the Board was a continued public hearing on Ordinance No. 94-026, amending Chapter 18.16 of the Deschutes Code, nonfarm dwellings. Kevin Harrison reported a public hearing was held on May 4, 1994, for all oral testimony. The record was left open for written testimony until Monday, May 9, 1994, at 4:30 p.m. Kevin reported that the Planning Department had not received any additional written comments. Chair Schlangen reported that the Commissioners had received two additional pieces of written testimony dated May 9, 1994. Commissioner Throop stated this was an interim emergency ordinance with the issues confronted and decisions to be made this summer when the provisions of HB 3661 are implemented. Commissioner Throop felt that partitions should be limited to one at this time, consider the stability questions and allow flag lots as a trade off. Commissioner Slaughter felt it was necessary for the Board to review this as quickly as possible. He felt the Board needed to look at this with Deschutes County in mind and not through HB 3661. Chair Schlangen felt that it was important to have this interim ordinance to allow some dwellings. She felt the number of parcels should be limited to one. George Read stated there was no prohibition against flag lots at this time. THROOP: SLAUGHTER: VOTE: MINUTES PAGE 4 I move first and second reading by title only. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MAY 11, 1994 0136-1848 Chair Schlangen preformed the first and second reading, by title only of Ordinance No. 94-026. THROOP: I move adoption of Ordinance No. 94-026. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PUBLIC HEARING ON A COMPREHENSIVE PLAN MAP AMENDMENT AND ZONE CHANGE FROM RSR -M TO RSC -LU FOR A MINI -STORAGE FACILITY ON A 4.98 ACRE PARCEL FOR DOUG AND DEBORAH ADKINS Before the Board was a public hearing on a comprehensive plan map amendment and zone change from RSR -M to RSC -LU for a mini - storage facility on a 4.98 acre parcel for Doug and Deborah Adkins. Brian Harrington reported receiving a memorandum and affidavit from the applicant this date. He stated he had not had time to review those documents for further analysis. Brian Harrington reported the proposal is for a mini -storage facility to be located at the corner of Highway 97 and "B" Street in the Terrebonne Rural Service Center to allow sufficient commercial zoning to accommodate this application. He reported the Hearings Officer recommended tentative approval only if the applicant can supplement the record to demonstrate compliance with the criteria. Chair Schlangen opened the public hearing. Ed Fitch, representing the applicant, stated that the Hearings Officer recommended approval of the zone change and plan amendment if the record could be supplemented with some additional information. He said supplemental information has been submitted since the decision of the Hearings Officer. He felt that there was strong evidence that the mini -storage facilities were going to be used by the rural residents. Chair Schlangen asked where the entrance would be located. Ed Fitch responded that the entrance would be on "B" Street rather than Highway 97. Guy Vernon, mobile home park owner in Terrebonne, testified in opposition of this application. He expressed concerns regarding lights, noise, etc. for the people that live in his mobile home park. MINUTES PAGE 5 MAY 11, 1994 0136'-1849 Chair Schlangen closed the public hearing. The decision will be made May 25, 1994 at the 10 a.m. meeting. 9. SIGNATURE OF INDEMNITY AGREEMENT FOR THE 1994 BEGINNER/ INTERMEDIATE DISTRICT CHAMPIONSHIPS ON MAY 21, 1994, AND THE 1994 DISTRICT ROAD RACE CHAMPIONSHIPS ON JUNE 4, 1994, FOR ALPENGLO VELO CYCLE CLUB Before the Board was signature of an Indemnity Agreement for the 1994 Beginner/Intermediate District Championships on May 21, 1994, and the 1994 District Road Race Championships on June 4, 1994 for the A1penGlo Velo Cycle Club. SLAUGHTER: I move signature on the indemnity agreements for the May 21 and June 4 cycle events. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 10. SIGNATURE OF RESOLUTION NO. 94-050, TRANSFERRING APPROPRIATIONS WITHIN THE DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 94-050, transferring appropriations within the Deschutes County budget. THROOP: I'll move signature of Resolution No. 94-050. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 11. SIGNATURE OF FINAL PLAT FOR FERGUSON COURT, PHASE II, AND ROAD VACATION CORRESPONDING TO THE PLAT Before the Board was signature of the final plat for Ferguson Court, Phase II, and road vacation corresponding to the plat. THROOP: I'll move signature of the final plat and Order No. 94-075. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 6 MAY 11, 1994 0130-1850 12. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of weekly accounts payable vouchers in the amount of $1,089,046.20. THROOP: I'll move approval subject to review. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 13. SIGNATURE OF CONSERVATION EASEMENT FOR MARVIN & JUDITH LEDANE Before the Board was signature of a Conservation Easement for Marvin & Judith LeDane. THROOP: I'll move signature of the conservation easement. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 14. SIGNATURE OF ORDERS NO. 94-060 AND 94-061 AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 94-060 and 94- 061, authorizing the refund of taxes. THROOP: I'll move refund. SLAUGHTER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 15. SIGNATURE OF LIQUOR LICENSE FOR JUDE'S EATERY IN SUNRIVER Before the Board was signature of Liquor License for Jude's Eatery in Sunriver. SLAUGHTER: I'll move signature on liquor license. THROOP: I'll second the motion. MINUTES PAGE 7 MAY 11, 1994 VOTE: SCHLANGEN: YES 0136-1851 SLAUGHTER: YES THROOP: YES 16. SIGNATURE OF ORDER NO. 94-079 AMENDING ORDER NO 94-047 DIRECTING THE SALE OF CERTAIN REAL PROPERTY Before the Board was signature of Order No. 94-079, amending Order No. 94-047 directing the sale of certain real property. Brad Chalfant reported this was deleting a property from the land sale auction. THROOP: I'll move signature of Order No. 94-079. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this //Y"l day of M , 1994, by the Board of Commissioners of Deschutes COUAty, Oregon. ATTEST: Recording Secretary Nancy Po to Sc Tangen, Chair Tom Whroop, ssioner Barry H./Slaughter," Commissioner MINUTES PAGE 8 MAY 11, 1994