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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 KEY NCNEd 1/JGZ0FILMED o NOV 161994 0137-1043 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. MINUTES PAGE 4 AUGUST 31, 1994 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 MINUTES PAGE 5 AUGUST 31, 1994 0137-104' 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. MINUTES PAGE 6 AUGUST 31, 1994 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 MINUTES PAGE 7 AUGUST 31, 1994 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. MINUTES PAGE 8 AUGUST 31, 1994 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 MINUTES PAGE 9 AUGUST 31, 1994 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 MINUTES PAGE 10 AUGUST 31, 1994 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