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1994-34252-Minutes for Meeting May 25,1994 Recorded 8/17/199494-34252 0136-x.853 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS May 25, 1994 Chair Schlangen called the meeting to order at 10:05 a.m. Board of County Commissioners in attendance were Nancy Pope Schlangen, Tom Throop, and Barry Slaughter. Also in attendance were Rick Isham, County Counsel; Mike Hall, Planner; Sue Stoneman, Support Services Manager; Bruce White, Assistant County Counsel; Brian Harrington, Planner; Larry Rice, Public Works Director; George Read, Community Development Director; Ed Pecoraro, Planner; and Catherine Morrow, Planner. 1. CONSENT AGENDA: Consent agenda items before the Board were 1) acceptance of a Slope and Construction Easement from Gisler/Oakley for 18th Street; 2) recruitment of Mental Health Services support staff positions facilitated by Express Personnel; 3) approval of contract between the Commission on Children & Families and RedCAP for the Biennium 1993-95; 4) approval of permission for Commission on Children & Families to contract with J Bar J Youth Services for the delivery of Level 7 services; 5) signature of Intergovernmental Agreement between Adult & Family Services and Mental Health Department; 6) signature of final plat for the Mountain Gate subdivision Nunc Pro Tunc; 7 ) agreement to audit Business Loan Fund; 8) approval of lease agreement for office space in Aspen Alley in La Pine; 9) approval of liquor license renewal for Deschutes River Trout House; and 10) signature of final plat for MP -92-56, a partition to divide a 40 -acre parcel into two 20 -acre parcels in an EFU Zone. SLAUGHTER: I would recommend approval agenda. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED of the consent 2. APPROVAL OF TAYLOR GRAZING ACT FUNDS APPLICATION CO Before the Board was signature of Taylor Grazing Act Funds application. Parker Johnstone reported there were two request for Taylor Grazing Act Funds. One application is for Richard Davis in the amount of $440.80 to repair seven miles of fence. The additional application was for Gary Ward in the amount of $2,903.85 to repair fencing. KEYP [� „SEL` N �' 11994 sir .� J o;-;;,�`Q 0136-1854 SLAUGHTER: I would approval of these two applications for Taylor Grazing Funds. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 3. PUBLIC HEARING ON ORDINANCES NO. 94-006 94-022 94-029 AND 94-030 TO AMEND THE COMPREHENSIVE PLAN FOR HISTORIC RESOURCES INVENTORY Before the Board was a public hearing on Ordinances No. 94- 006, 94-022, 94-029, and 94-030, to amend the Comprehensive Plan for Historic Resources Inventory. Chair Schlangen opened the public hearing. Bill Hoff, representing Tumalo Irrigation District, stated the district was concerned with regard to the conditions that have been placed on two of their structures. Elmer McDaniels, Manager of Tumalo Irrigation District, felt the ordinances language was ambiguous and testified in opposition of the ordinance. Catherine Morrow reported the LCDC deadline was May 20, 1994. She felt the ordinances needed to be completed as soon as possible since the deadline had already been missed. The public hearing was closed. The Board of Commissioners felt the ordinances needed to be revised and brought back for signature. 4. , PUBLIC HEARING ON ORDER NO. 94-092, SEMINOLE CIRCLE LOCAL IMPROVEMENT DISTRICT Before the Board was a public hearing on Order No. 94-092, Seminole Circle Local Improvement District. Gary Judd reported there were 23 lots which would be assessed $3,086.86 each. The Public Works Department has received one objection. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. THROOP: I'll move signature of Order No. 94-092. SLAUGHTER: Second. MINUTES PAGE 2 MAY 25, 1994 5. 6. VOTE: SCHLANGEN : YES 0136-1855 SLAUGHTER: YES THROOP: YES PUBLIC HEARING ON ORDER NO. 94-091, COMANCHE CIRCLE LOCAL IMPROVEMENT DISTRICT Before the Board was a public hearing on Order No. 94-091, Comanche Circle local Improvement District. Gary Judd reported there were 15 lots which would be assessed at $3,070 per lot. There were two objections received. Chair Schlangen opened the public hearing. There being no public testimony presented, the public hearing was closed. THROOP: I'll move signature Order No. 94-091. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DECISION ON 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 & DEBORAH ADKINS Before the Board was a decision 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 that the Planning Department feels this constitutes a legislative change which requires it to be brought forward to the Planning Commission for review and recommendation. Staff recommends that the Board of County Commissioners stay this decision pending the Planning Commission's review and recommendation. Commissioner Throop stated he agreed with staff recommendation. Commissioner Slaughter stated that he had many questions and agreed with the staff. Commissioner Schlangen felt it was necessary to have this issue referred to the Planning Commission. THROOP: I'll move the staff recommendation to stay, based on looking at the larger legislative matter before the Planning Commission. MINUTES PAGE 3 MAY 25, 1994 SLAUGHTER: I'll second that. 0136-1856 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DISCUSSION: Brian Harrington stated that this matter would be on the Planning Commission agenda for June 9, 1994, with proper notice. It will be opened to the public hearing process. 7. PUBLIC HEARING ON ORDINANCE NO. 94-027, AMENDING TITLE 18, AND ORDINANCE NO. 94-028, AMENDING TITLE 27, REGARDING THE DESCHUTES RIVER CORRIDOR Before the Board was a public hearing on Ordinance No. 94-027, amending Title 18, and Ordinance No. 94-028, amending Title 27, regarding the Deschutes River corridor. Dave Leslie reported the City of Bend has adopted the ordinances. He stated there are only a few parcels involved. Chair Schlangen opened the public hearing and continued it to June 8, 1994 at 11:00 a.m. in order for the Board to have more time to review the ordinances. 8. PUBLIC HEARING ON REGIONAL STRATEGIES PROGRAM AND SIGNATURE OF RESOLUTION NO. 94-057 Before the Board was a public hearing on Regional Strategies Program and signature of Resolution No. 94-057. Chair Schlangen opened the public hearing. Drew Foster reported this is an Oregon Economic Development Department Program that uses Oregon State Lottery Funds. There are twelve regions in the state. There are $612,000 to be used across the region. There being no further testimony, the public hearing was closed. THROOP: I'll move signature of the resolution. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 4 MAY 25, 1994 0136-18, 9. SIGNATURE OF RESOLUTION NO. 94-056, REGARDING THE CORRECT SPELLING OF LA PINE Before the Board was signature of Resolution No. 94-056, regarding the correct spelling of La Pine. THROOP: I'll move signature of the resolution. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES COMMISSIONER THROOP LEFT THE MEETING AT THIS POINT DUE TO THE AOC MEETING IN SUNRIVER. 10. SIGNATURE OF RESOLUTION NO. 94-055, APPROPRIATING NEW GRANT FUNDS FOR JUVENILE DIVISION Before the Board was signature of Resolution No. 94-055, appropriating new grant funds for the Juvenile Division in the amount of $3,580. SLAUGHTER: I'll move approval of Resolution No. 94-055, appropriating funds for the Juvenile Division. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 11. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $314,604.78. SLAUGHTER: I move approval on review. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 12. SIGNATURE OF MP -94-7 FOR KITTY WARNER A 3 -LOT PARTITION IN AN MUA-10 ZONE, AND DECLARATION OF DEDICATION MINUTES PAGE 5 MAY 25, 1994 0136-1858 Before the Board was signature of MP -94-7 for Kitty Warner, a 3 -lot partition in an MUA-10 zone and declaration of dedication. SLAUGHTER: I move signature of MP -94-7 and declaration of dedication. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 13. SIGNATURE OF MYLAR FOR CHAMPION RIDGE, PHASE V Before the Board was signature of a mylar for Champion Ridge, Phase V. SLAUGHTER: Move signature. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 14. SIGNATURE OF MYLAR FOR WINDSOR PARR Before the Board was signature of a mylar for Windsor Park. SLAUGHTER: I move signature. SCHLANGEN: I second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 15. SIGNATURE OF ORDERS NO. 94-062, 94-063, AND 94-064, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders NO. 94-062, 94-063, and 94-064, authorizing the refunds of taxes. SLAUGHTER: SCHLANGEN: I move refund of taxes. I second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED MINUTES PAGE 6 MAY 25, 1994 0136-1859 16. SIGNATURE OF ACCEPTANCE OF BARGAIN & SALE DEED FOR LOIS AND RON RICHARDSON Before the Board was signature of acceptance of Bargain & Sale Deed for Lois and Ron Richardson. SLAUGHTER: I move acceptance of the property. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED CONVENE AS GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT AND EXTENSION/4-H 17. SIGNATURE OF AGREEMENT FOR AUDIT SERVICES FOR EXTENSION/4-H AND 9-1-1 COUNTY SERVICE DISTRICTS Before the Board was signature of an agreement with Nelson, Harrigan & Fladwood for audit services for Extension/4-H and 9-1-1 County Service Districts. SLAUGHTER: I move signature on the agreement. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED DATED this r, day of , 1994, by the Board of Commissioners of eschutes Codfity, Oregon. Nancy Pop Sc langen, Chair ATT T: Recording Secretary Tom IPhroop,v Commissioner Barry ly. Slaughter, Commissioner MINUTES PAGE 7 MAY 25, 1994