1994-42038-Minutes for Meeting August 31,1994 Recorded 10/20/199444-42018
0137-1042
MINUTES 9:07
DESCHUTES COUNTY BOARD OF COMMISSIONERS.
Wednesday, August 31, 1994
Chair Schlangen called the meeting to order at 10:01 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; Bruce White, Assistant County Counsel; Tom Blust,
County Engineer; Sue Stoneman, Public Relations Specialist; Paul
Blikstad, Planner; Darrell Davidson, Sheriff; Brian Harrington,
Planner; and George Read, Community Development Director.
CONVENE AS THE GOVERNING BODY OF BLACK BUTTE SERVICE DISTRICT
1. SIGNATURE OF CONTRACT FOR BLACK BUTTE SERVICE DISTRICT
Before the Board was signature of a contract for Black Butte
Service District.
Darrell Davidson, Sheriff, reported this contract was for law
enforcement services.
THROOP: I move signature of the contract.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
2. CONSENT AGENDA
Consent agenda items before the Deschutes County Board of
Commissioners were 1) signature of agreement between Deschutes
County and Central Oregon AIDS Support Team; 2) signature of
Grant Agreement between Deschutes County and Central Oregon
AIDS Support Team (Ryan White Resources); 3) signature of
Oregon Health Division Grant Award; 4) signature on Sublease
Agreement for Divorce Mediation Office on Rosie Bareis Campus;
5) approval of request for out-of-state travel for Support
Enforcement to attend a training conference in Seattle,
Washington; 6) signature of Conservation Easement for Jon and
Janet Lee for property located on the Deschutes River; 7)
signature of Lease between Deschutes County and Education
Service District for lease of office space at 1340 N.W. Wall
Street; 8) signature of Intergovernmental Agreement between
the State and Deschutes County for printing the voters
pamphlet; 9) signature of Liquor License Renewals for Twin
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Lakes Resort, Deschutes River Trout House, Ponderosa Pizza,
Crane Prairie Resort, Alfalfa Store, Village Bar & Grill, Elk
Lake Resort, The Brand Restaurant, TJ's Quick Stop Market,
Eagle Ridge Golf Course, Sweet Success Catering, and
Erickson's Sentry Market; 10) signature of Subcontract with
Central Oregon Alcohol Council for Fiscal Year 1994/95; 11)
signature of plat for Warren Gill Subdivision, creating a 20 -
acre lot zoned F-2 and a 13 -acre lot zoned RR -10 Northeast of
Sisters - D. Van Valkenburg; and 12) signature of Development
Agreement for a site plan for an office building for Deschutes
Environmental Services.
THROOP: I would move approval of consent agenda items
2-13.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
3. AWARD OF BIDS RECEIVED FOR LASER FINGERPRINT EQUIPMENT, INMATE
PHONE SYSTEM AND INMATE FOOD SERVICE
Before the Board was the award of bids for laser fingerprint
equipment, inmate phone system and the inmate food service.
Rick Isham reported this would authorize the bids to be
awarded for the laser fingerprint equipment and the inmate
phone system and authorizing the Sheriff to sign the letter of
intent for the inmate food service.
SLAUGHTER: I would move award of bids on the laser
fingerprint equipment and the inmate phone
system and allow the Sheriff to write a letter
of intent on the food service contract.
THROOP:
VOTE:
REGULAR AGENDA:
I'll second the motion.
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
4. APPROVAL OF REGIONAL STRATEGIES DOCUMENT AND SIGNATURE OF
INTERGOVERNMENTAL AGREEMENT
Before the Board was approval of the Regional Strategies
Document and signature of the Intergovernmental Agreement.
Drew Foster reported the Intergovernmental Agreement was ready
for signature along with approval of the Regional Strategies
Document.
013'7-1044
SLAUGHTER: I would approval of Regional Strategies
Document and signature on the
Intergovernmental Agreement.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
THROOP: I'll move that Commissioner Slaughter replace
Commissioner Throop as the County
representative on the Regional Strategies.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
5. DECISION: ON AN APPEAL OF THE HEARINGS OFFICERS DECISION ON
V-94-36, A USE VARIANCE FOR A PRODUCE STORAGE AND _DELIVERY
BUSINESS IN A RR -10 ZONE
Before the Board was a decision on the appeal of the Hearings
Officer's decision on V-94-36, a use variance for a produce
storage and delivery business in a RR -10 Zone.
Commissioner Slaughter felt the use should be approved for
this purpose. He felt this whole area was industrial and
didn't see any problem with this use on this piece of
property. He would recommend that the Board approve this use
of the land.
Commissioner Throop felt the problem was that the zoning was
not proper for this use. He stated the application before the
Board does not meet the criteria and does not meet the use in
the Comprehensive Plan. The use was initiated and has
operated without approval. It was not an appropriate use for
that zone. If that kind of use was to be established, then
the zone needs to be changed. This was a rural a residential
zone and this was not a conditional use and not a permitted,
but rather a prohibited use. He stated he sees no choice but
to concur with and support the Hearings Officers decision.
Commissioner Slaughter discussed the purchase of property for
the irrigation district. He felt this property should be
rezoned if the Board had to do that.
Commissioner Throop stated there was a list of permitted uses
and conditional uses that were permitted in the zone. If the
use was not listed on as one of the permitted uses or
MINUTES PAGE 3 AUGUST 31, 1994
6.
013'7-1045
conditional uses, it was prohibited in the zone. This kind of
commercial or industrial activity was not allowed. The- items
Commissioner Slaughter listed were permitted or conditional
uses such as utilities or water districts were allowed by
permitting or conditional use, but this kind of commercial or
industrial activity was not.
Commissioner Slaughter felt the Board expand it or change the
uses allowed. Commissioner Slaughter felt it was so right for
this kind of use and it should be allowed.
Commissioner Throop stated that a change in use would be
driven by an application for a legislative text amendment
which would go to the Planning Commission and then come before
the Board of Commissioners.
Commissioner Slaughter felt that this should be done and the
use should be allowed some way.
Commissioner Schlangen stated that she observed the site on
Sunday, August 28, 1994. She felt that even though this
property has had this use, it did not make it a legal use in
this zone. She felt residential use was an appropriate use.
She stated she realized it was not the present owners fault of
starting the illegal use on this property. She felt this was
an illegal use and had been since it began, and would support
the Hearings Officers decision.
THROOP: I would move that the Board of County
Commissioners uphold Hearings Officers
decision which was to deny the application for
use variance for this existing cold storage
produce business at 19872 Rocking Horse Road,
Bend.
SCHLANGEN: I will second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: NO
THROOP: YES
SECOND READING AND ADOPTION OF ORDINANCE NO. 94-024, ADOPTING
CHAPTER 15.10 DESCHUTES COUNTY CODE PROVIDING OUTDOOR
LIGHTING CONTROL
Before the Board was the second reading and adoption of
Ordinance No.94-024, adopting Chapter 15.10, Deschutes County
Code providing outdoor lighting controls.
Rick Isham stated there were a few minor clerical changes made
in the ordinance. He reviewed the changes with the Board.
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0137-~1040
SLAUGHTER: I would move to amend with the suggested
changes for Ordinance No. 94-024.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
SLAUGHTER: I would move second reading of Ordinance No.
94-024, Chapter 15. 10, Deschutes County Code
providing outdoor lighting control, by title
only.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Chair Schlangen performed the second reading of Ordinance No.
94-024, by title only.
SLAUGHTER: I move approval of Ordinance No. 94-024.
THROOP: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
7. SIGNATURE OF ORDER NO. 94-126 AUTHORIZING EXPENDITURE FROM
THE ROAD FUND FOR THE MAINTENANCE OF LOCAL ACCESS ROADS
Before the Board was signature of Order No. 94-126,
authorizing expenditure from the Road Fund for the maintenance
of local access roads.
Tom Blust reported this was for roads within the Squaw Creek
Canyon local improvement district. This would allow
maintenance on these roads until the local improvement
district can be done next spring.
THROOP: I move signature of Order No. 94-126, nunc pro
tunc to June 15, 1994.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
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8. SIGNATURE OF RESOLUTION NO. 94-089, ACCEPTING A PETITION TO
VACATE A PORTION OF 11TH STREET LOCATED IN HILLMAN SUBDIVISION
IN TERREBONNE, ENGINEER'S REPORT RELATING TO SAID VACATION,
AND ORDER NO. 94-121, SETTING A DATE FOR A PUBLIC HEARING
Before the Board was signature of Resolution No. 94-089,
accepting a petition to vacate a portion of 11th Street
located in Hillman Subdivision in Terrebonne, engineer's
report relating to said vacation, and Order No. 94-121,
setting a date for a public hearing.
Tom Blust reported there were utilities of U.S. West and
Terrebonne Water which would need easements. He reported the
hearing date would be October 12, 1994.
THROOP: I move signature of the resolution.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
SLAUGHTER: I would move approval of Order No. 94-121.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
9. SIGNATURE OF RESOLUTION NO. 94-095, DECLARING AN EXEMPTION
FROM COMPETITIVE BIDDING FOR A BALLOT READER UPGRADE
Before the Board was signature of Resolution No. 94-095,
declaring an exemption from competitive bidding for a ballot
reader upgrade.
SLAUGHTER: I'll move signature of Resolution No. 94-095.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
THROOP: I'll move approval of the contract.
SLAUGHTER: I'll second that.
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VOTE: SCHLANGEN: YES 0137-1048
SLAUGHTER: YES
THROOP: YES
10. SIGNATURE OF INDEMNITY AGREEMENTS FOR ST. FRANCIS CHURCH AND
EASTMONT CHURCH EVENTS ON COUNTY ROADS
Before the Board was signature of indemnity agreements for St.
Francis Church and Eastmont Church events on County roads.
SLAUGHTER: I would move signature.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
11. SIGNATURE OF RESOLUTION NO. 94-090, PROCLAIMING SEPTEMBER 8,
1994 AS VOLUNTEER APPRECIATION DAY IN DESCHUTES COUNTY
Before the Board was signature of Resolution No. 94-090,
proclaiming September 8, 1994, as Volunteer Appreciation Day
in Deschutes County.
SLAUGHTER: I would move approval of Resolution No. 94-
090, for Volunteer Appreciation Day in
Deschutes County.
THROOP: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
12. SIGNATURE OF ORDER NO. 94-125, TRANSFERRING CASH WITHIN
VARIOUS FUNDS OF THE 1994/95 DESCHUTES COUNTY BUDGET
Before the Board was signature of Order No. 94-0125,
transferring cash within various funds of the 1994/95
Deschutes County Budget.
THROOP:
SLAUGHTER:
VOTE:
I will move signature.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
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0137-1049
13. SIGNATURE OF ORDER NO. 94-109, AUTHORIZING THE REFUND OF TAXES
Before the Board was signature of Order No. 94-109,
authorizing the refund of taxes.
SLAUGHTER: I would move approval of refunds.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
14. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of weekly accounts payable
vouchers in the amount of $623,786.50.
THROOP: I'll move approval subject to review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
15. SIGNATURE OF MYLAR FOR STONEHEDGE WEST, PHASE ONE, IN REDMOND
Before the Board was signature of a mylar for Stonehedge West,
Phase One, in Redmond.
SLAUGHTER: I'll move signature on mylar.
THROOP: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
16. SIGNATURE OF FINAL PLAT FOR TP -92-786, A 3 -LOT SUBDIVISION
REFERRED TO AS GERHARTLAND ESTATES IN AN EFU-AL ZONE
Before the Board was signature of final plat for TP -92-786, a
3-10t subdivision referred to as Gerhartland Estates in an
EFU-AL Zone.
THROOP: I'll move signature.
SLAUGHTER: Second.
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013'7-1050
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
17. SIGNATURE OF FINAL PLAT FOR A MINOR PARTITION MP -94-9 FOR ALEX
HANSON, NANCY WOODWARD, THOMAS JACOBSEN, AND KATHLEEN JACOBSEN
AND SIGNATURE OF DECLARATION OF DEDICATION
Before the Board was signature of final plat for a minor
partition MP -94-9 for Alex Hanson, Nancy Woodward, Thomas
Jacobsen, and Kathleen Jacobsen and signature of Declaration
of Dedication.
THROOP: I move signature of plat and Declaration of
Dedication.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
18. SIGNATURE OF DEVELOPMENT AGREEMENT AND CONSERVATION EASEMENT
FOR EUGENE & SALLY COTTER FOR A SINGLE FAMILY DWELLING IN A
LANDSCAPE MANAGEMENT ZONE ALONG THE DESCHUTES RIVER
Before the Board was signature of Development Agreement and
Conservation Easement for Eugene and Sally Cotter for a single
family dwelling in a landscape management zone along the
Deschutes River.
THROOP: I move signature.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
19. SIGNATURE OF LIQUOR LICENSE RENEWAL APPLICATIONS FOR SUNRIVER
LODGE & RESORT
Before the Board was signature of a liquor license renewal
application for Sunriver Lodge & Resort.
THROOP: I'll move chair signature.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
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013'7-1051
20. SIGNATURE OF AGREEMENT BETWEEN ODOT AND WAL-MART REGARDING
BADGER ROAD
Before the Board was signature of a Cooperative Improvement
Agreement between ODOT and Wal -mart regarding Badger Road.
Rick Isham stated this agreement first appeared on the agenda
eight or nine weeks ago. It was postponed in July. Rick
Isham reported this agreement was ready for signature. A law
suit was filed and there have been various court hearings.
That case was dismissed yesterday on the grounds that the
court lacked jurisdiction. This item was taken off the agenda
when the temporary restraining order was issued by the courts.
This agreement provides for the installation of the stop light
at the intersection of Highway 97 and Badger Road. The
language which the owners of Blue Spruce Motel were objecting
to was related to the right-of-way. This agreement includes
no litigation for the purpose of condemning property.
Commissioner Slaughter clarified that the Board was
authorizing the state to install the stop light with Wal-Mart
paying for it but we were not authorizing any condemnation of
property.
Rick Isham stated no suit for condemnation would be filed
without the board meeting to approve that action.
Commissioner Slaughter asked if the County was encouraging
Wal-Mart and the Franklins to negotiate. Rick Isham stated
that Wal-Mart indicated their intent to renew their
negotiations with the Franklins.
SLAUGHTER: I would move approval of Wal-Mart and ODOT
putting in the light, but that the County not
enter into any condemnation of any kind until
the Board approve it, and signature of
agreement.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Fran Franklin provided copies of the Application and permit to
construction approach road. Exhibit A - a copy of the permit
and all attachments shall be at the worksite. Exhibit B -
radius of road is 55 feet.
Commissioner Throop stated that the County did not have any
supervisory or administrative control over ODOT. Commissioner
Throop stated that if Fran Franklin had questions regarding
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013'71052
this issue, she would need to work with the Oregon Department
of Transportation.
DATED this 314;6 day of , 1994, by the
Board of Commissioners of Deschutes douniy, Oregon.
AT ST:
Recording Secr tary
angen, Chair
Tom Throop, Cohmissioner
Barry H.'Slaughter, Commissioner
MINUTES PAGE 11 AUGUST 31, 1994