Loading...
1994-44280-Minutes for Meeting August 17,1994 Recorded 10/20/199494-44280 0137--1053 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERSt,rr Wednesday, August 17, 1994 L 3 Chair Schlangen called the meeting to order at 10:02 a.m. Board°bfrt` County Commissioners in attendance were Nancy Pope Schlangen, Tom Throop, and Barry Slaughter. Also in attendance were Scott Johnson, Commission on Children & Families Director; Tom Blust, County Engineer; Kevin Harrison, Planner; Mike Maier, County Administrator; Rick Isham, Legal Counsel; Sue Stoneman, Public Relations Special; Bruce White, Assistant County Counsel; Brian Harrington, Planner; George Read, Community Development Director; and Paul Blikstad, Planner. 1. PUBLIC HEARING: ON ORDINANCE NO. 94-037 and 94-038, TEXT AMENDMENTS TO THE FOREST LAND SECTION OF THE COMPREHENSIVE PLAN AND FOREST ZONES TO IMPLEMENT HB 3661 AS IT RELATES TO FOREST LAND Before the Board was a public hearing on Ordinance No. 94-037 and 94-038, text amendments to the forest land section of the Comprehensive Plan and Forest Zones to implement HB 3661 as it relates to forest lands. Kevin Harrison reported he had written to all of the fire districts. He reported the fire districts wanted to look more closely to alternative means to fire protection. He suggested that the public hearing be continued to a date certain in order to discuss this matter further with the fire districts. Chair Schlangen opened the public hearing. No testimony was presented at this time. Chair Schlangen continued the public hearing to September 14, 1994, at the 10 a.m. Board of County Commissioners Meeting. 2. PUBLIC HEARING: 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 public hearing 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. Paul Blikstad reported this was an appeal of the Hearings Officer's decision to allow a cold storage business in an RR - 10 Zone. This property is located at 19872 on Rocking Horse Road. The Hearings Officer denied the application based mainly on staff input on this matter. Paul reviewed the criteria for a use variance. The applicant will be asking for a reasonable beneficial use. Staff does not feel that anything about the start up of this business in anyway creates KEY CHER /4'cRMFo 31994 0V 6 1994 0137-1054 a unique circumstance. It was approved for a farm use in 1980. The use was changed from that use to a cold storage business which was never reviewed or approved by the county. In 1989 the owner requested the county to look at the use on this site. It was determined at that time that it could not be approved. No code enforcement action was taken, it was just dropped. Staff feels that this does not conform to the RR zone. Staff concurs with the hearings officers decision to deny this application. Chair Schlangen opened the public hearing. Paul Speck, representing the applicant Duck Delivery, stated he would be calling two witnesses. He submitted some photographs of the site. He felt the bottomline of what was decided here today was it. He felt that the Board could go either way and be right. He reviewed the background history of the this property. He felt that this could not be a nonconforming use. The Duck Delivery occupied the property in 1981. They use it to distribute produce to restaurants. He stated the Planning Department classifies this property as a commercial use but he felt the use was the storage of produce for delivery. He felt this was very similar to an agricultural use but the produce was not grown on the property. The present use was more consistent with the comprehensive plan and the RR -10 zone than putting a house on a substandard lot. He stated that staff felt if you put a house on there, that makes it consistent with the RR -10 zone. He stated that did not make any sense to him. To say that this property was best suited for residential use did not make any sense to him. He requested the Board go out and walk the property before they make a decision. He stated this use had been there historically. Gary Fowles, realtor with Duke Warner Realty, testified in support of the applicant. He felt the parcel was impacted by public facilities more than any parcel he had ever seen. Chair Throop stated this was an issue before the Board in 1989. He felt the Board members should go out to take a look at this property if they were not familiar with it. Commissioner Slaughter stated he was familiar with this property because he ran the irrigation district and worked with several people to make sure they had access to Rocking Horse. He bought a piece of property in that area for the irrigation district. Ernie Spada, President of Duck Delivery, stated they had been there for 10 years. Duck Delivery is a very small operation with 2 1/2 people working. They work 7 to 8 hours during the week and 3 to 4 hours on Saturday. He did not believe it was MINUTES PAGE 2 AUGUST 17, 1994 3. 0137-1055 a nonconforming use when he bought the property. He stated the volume of his business has not changed in the 8 years they have been there. He felt it was a very low impact on the area. They have a farm operation in Washington but they do not grow the produce here. It would be a hardship on this company to have to sell this piece of property and loose $40,000. He felt there was more activity on this property when the previous owner had it. Rick Isham asked if Mr. Dodge ever made any mention of his dealings with the county. Mr. Spada stated Mr. Dodge did not mention it. Mr. Spada stated that Mr. Dodge carried the contract on this property for 24 months. Paul Speck stated it was his understanding that produce was brought in three days a week, on Monday, Wednesday and Friday. There were smaller trucks that deliver produce to the restaurants. He stated he had not seen any complaints in the record on Duck Delivery. The complaints found in the record were all regarding the previous owner. He felt this property was completely different than any other piece of property in that RR -10 Zone. The history of this property also makes it different. He stated that since this business had been on this property for in an excess of 10 years, the owners had not checked with the county regarding the use when he purchased this piece of property. The owner was willing to limit the use to what was there now and would be willing to put up fence to separate his property from the neighbors. Bette Marquardt testified in opposition of the appeal. She owns a 2 1/2 acre lot on Buck Canyon and asked that the Board uphold the hearings officers decision. She feels that this was a commercial use and it did not add to the area. Paul Speck stated that normally Duck Delivery does not use Rocking Horse Road or Buck Canyon but at the present time the access was blocked off. Chair Schlangen stated the record would be left open until August 31, 1994, at the 10 a.m. board meeting. SIGNATURE OF ORDER NO. 94-124, VACATING A PORTION OF THE OLD BROOKS/SCANLON LOGGING ROAD Before the Board was signature of Order No.94-0124, vacating a portion of the old Brooks/Scanlon logging road. Tom Blust reported this vacation would combine the unused right-of-way. This vacation could be done without a public hearing as there was signature of 100% of the abutting property owners. It would be the recommendation to approve this today. MINUTES PAGE 3 AUGUST 17, 1994 0137--1056 SLAUGHTER: I would move signature of Order No. 94-124, vacating a portion of the Old Brooks/Scanlon Logging Road. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 4. SIGNATURE OF PERSONAL SERVICES CONTRACT WITH HELMSMAN MANAGEMENT SERVICES N.W. Inc FOR WORKER'S COMPENSATION ADMINISTRATION Before the Board was signature of a Personal Services contract with Helmsman Management Services N. W., Inc. for worker's compensation administration. Rick Isham reported this contract had not been reviewed, but would recommend approval subject to review. THROOP: I'll move approval subject to review. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 5. ADOPTION OF ORDINANCES NO. 94-035, AMENDING THE DESCHUTES COUNTY COMPREHENSIVE PLAN YEAR 2000 GROWTH MANAGEMENT CHAPTER RURAL DEVELOPMENT SECTION TO EXPAND THE COMMERCIAL CORE AREA OF THE RURAL SERVICE CENTER OF TERREBONNE Before the Board was adoption of Ordinance No. 94-035, amending the Deschutes County Comprehensive Plan Year 2000 Growth Management Chapter Rural Development Section to expand the Commercial Core Area of the Rural Service Center of Terrebonne. Brian Harrington reported this was to expand the rural commercial core area in Terrebonne. THROOP: I move first and second reading, by title only, of Ordinance No. 94-035. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 4 AUGUST 17, 1994 0187-1057 Chair Schlangen performed the first and second reading, by title only, of Ordinance No. 94-035. SLAUGHTER: I'll move approval. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 6. ADOPTION OF ORDINANCE NO. 94-036, AMENDING THE DESCHUTES COUNTY COMPREHENSIVE PLAN MAP, TO CHANGE THE PLAN DESIGNATION FROM RURAL SERVICE CENTER RESIDENTIAL TO RURAL SERVICE COMMERCIAL ON CERTAIN PROPERTY WITHIN THE RURAL SERVICE CENTER OF TERREBONNE Before the Board was adoption of Ordinance No. 94-036, amending the Deschutes County Comprehensive Plan Map to change the plan designation from Rural Service Center Residential to Rural Service Commercial on certain property within the Rural Service Center of Terrebonne. THROOP: I'll move first and second reading by title only. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Schlangen performed the first and second reading. SLAUGHTER: I'll move approval. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 7. ADOPTION OF ORDINANCE NO. 94-039 AMENDING TITLE 18 OF THE DESCHUTES COUNTY ZONING ORDINANCE, TO CHANGE THE ZONE DESIGNATIONS FROM RSR -M TO RSC AND LIMITED USE COMBINING (LUl ON CERTAIN PROPERTY WITHIN THE RURAL SERVICE CENTER OF TERREBONNE Before the Board was adoption of Ordinance No. 94-039, amending Title 18 of the Deschutes County Zoning Ordinance, to change the zone designations from RSR -M to RSC and limited use MINUTES PAGE 5 AUGUST 17, 1994 :8p a 013'7-1058 combining (LU) on certain property within the Rural Service Center of Terrebonne. SLAUGHTER: I move first and second reading of Ordinance No. 94-039, by title only. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Schlangen performed the first and second reading. SLAUGHTER: I move approval of Ordinance No. 94-039. THROOP: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES FIRST READING OF ORDINANCE NO. 94-024, AMENDING TITLE 18, THE DESCHUTES COUNTY ZONING ORDINANCE REGARDING OUTDOOR LIGHTING CONTROL Before the Board was the first reading of Ordinance No. 94- 024, amending Title 18, the Deschutes County Zoning Ordinance regarding outdoor lighting control. SLAUGHTER: I would move first reading of Ordinance No. 94-024, by title only. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Schlangen performed the first reading of Ordinance No. 94-024. The second reading of Ordinance No. 94-024 will take place on August 31, 1994, at the 10:00 a.m. Board of Commissioners meeting. SIGNATURE OF RESOLUTION NO. 94-091, AUTHORIZING COMMISSIONER SCHLANGEN TO APPROVE WEEKLY ACCOUNTS PAYABLE VOUCHERS THE WEEK OF AUGUST 22-26, 1994 Before the Board was signature of Resolution No. 94-091, authorizing Commissioner Schlangen to approved the weekly MINUTES PAGE 6 AUGUST 17, 1994 0137-1059 accounts payable vouchers the week of August 22-26, 1994. This action was necessary as Commissioner Throop and Commissioner Slaughter will be out of town that week. SLAUGHTER: I'll move authority to do so. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 10. SIGNATURE OF MYLAR FOR RIVER RIDGE ONE, STAGE F CONDOMINIUMS, AT MT. BACHELOR VILLAGE Before the Board was signature of a mylar for River Ridge One, Stage F Condominiums, at Mt. Bachelor Village. SLAUGHTER: I'll move signature on mylar. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 11. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $363,739.97. SLAUGHTER: I move approval on review. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 12. SIGNATURE OF CONTRACT WITH E UIFAX ACCOUNTS PAYABLE SERVICES FOR THE LIBRARY Before the Board was signature of contract with Equifax for accounts payable services for the Library. Ruth Douglass reported that Equifax was the service the library used to collect fees for overdue books. THROOP: I'll move chair signature. SLAUGHTER: Second. MINUTES PAGE 7 AUGUST 17, 1994 013'7-1060 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 13. APPROVAL OF REQUEST FOR OUT-OF-STATE TRAVEL FOR SCOTT JOHNSON Before the Board was a request for out-of-state travel for Scott Johnson. Scott Johnson reported his request for out-of-town travel was to visit Wisconsin to get information regarding decatorigized state and federal funds which would be used for social service programs. The financing for his travel request would come out of state and federal funds. He would be part of an Oregon team made up of Multnoma County, Lane County and State Commission on Children & Families. THROOP: I would move the approval of the request for out-of-state travel. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 14. SIGNATURE OF CONTRACT BETWEEN COMMISSION ON CHILDREN & FAMILIES AND EIGHT RECIPIENTS OF THE CHILD CARE DEVELOPMENT BLOCK GRANT Before the Board was signature of a contract between the Commissioner on Children & Families and eight recipients of the Child Care Development Block Grant. THROOP: I move approval of the eight contracts. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 15. SIGNATURE OF CONSERVATION EASEMENT FOR EDWARD AND IRENE GLAAB Before the Board was signature of a conservation easement for Edward and Irene Glaab. THROOP: I'll move signature of the easement. SLAUGHTER: Second. MINUTES PAGE 8 AUGUST 17, 1994 VOTE: SCHLANGEN: YES 0137-1061 SLAUGHTER: YES THROOP: YES 16. SIGNATURE OF LIQUOR LICENSE RENEWAL APPLICATIONS FOR BEND GOLF CLUB, BLACK BUTTE GROCERY, THREE CREEKS LAKE STORE, IVY TUMALO STORE THROOP: I'll move signature on liquor license renewals. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 17. SIGNATURE OF FINAL PLAT FOR BROKEN TOP, PHASE III -H Before the Board was signature of a final plat for Broken Top, Phase III -H. THROOP: I'll move signature of the final plat. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 18. SIGNATURE OF FINAL PLAT FOR MP -92-18, A 2 -LOT PARTITION OF 5 - ACRES IN A SR -2 1/2 ZONE Before the Board was signature of a final plat for MP -92-18, a 2 -lot partition of 5 -acres in a SR -2 1/2 Zone. SLAUGHTER: I'll move signature of plat. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 19. SIGNATURE OF FINAL PLAT FOR MP -93-28, A PARTITION TO DO A LOT LINE ADJUSTMENT FOR TWO PARCELS IN AN EFU-TRB ZONE Before the Board was signature of a final plat for MP -93-28, a partition to do a lot line adjustment for two parcels in an EFU-TRB Zone. SLAUGHTER: I'll move signature on final plat. MINUTES PAGE 9 AUGUST 17, 1994 20. 21. 22. THROOP: DISCUSSION: VOTE: I'll second the motion. 0137-1062 Paul Blikstad reported the lot line adjustment was because this reduced one of the lots below the minimum lot size. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF PLAT FOR PROVIDENCE SUBDIVISION PHASE 8 Before the Board was signature of a plat for Providence Subdivision, Phase 8. THROOP: I'll move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES APPOINTMENT OF PHILIP HAMILTON TO THE CENTRAL OREGON HOUSING AUTHORITY'S BOARD OF DIRECTORS Before the Board was appointment of Philip Hamilton to the Central Oregon Housing Authority's Board of Directors. THROOP: I'll move signature of the appointment letter. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF INTERGOVERNMENTAL AGREEMENT FOR THE COOPERATIVE PROVISION AND USE OF VEHICLE FLEET Before the Board was signature of an Intergovernmental Agreement for the Cooperative Provision and use of vehicle fleet. Chair Schlangen reported that this allows Deschutes County employees that are stationed at Children Services Division to drive state vehicles. Rick expressed concern regarding the insurance if one of our employees wrecked a vehicle. Rick suggested signing the document with the paragraph crossed out regarding "payment on demand". MINUTES PAGE 10 AUGUST 17, 1994 23. 24. 25. 0137-1063 THROOP: I'll move chair signature with the entire board initialing the change. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF DEVELOPMENT AGREEMENT WITH BUSINESS PARR INVESTORS INC REGARDING A SITE PLAN FOR AN OFFICE BUILDING Before the Board was signature of a Development Agreement with Business Park Investors, Inc. regarding a site plan for an office building. THROOP: I'll move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF INDEMNITY AGREEMENT FOR THE TERREBONNE GOOD EARTH DAY CELEBRATION ON AUGUST 20, 1994 Before the Board was signature of an Indemnity Agreement for the Terrebonne Good Earth Day Celebration on August 20, 1994. SLAUGHTER: I'll move signature of the indemnity agreement. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DISCUSSION OF REAMES VS DESCHUTES COUNTY LUBA APPEAL Bruce White reported that the Board made a decision in late July on the Sisters Academy. Mr. Reames had filed an appeal at LUBA. He asked if it was the Boards desire to defend the decision or let the applicant do this. The applicant wrote the findings that were signed by the Board. Bruce recommended that the Board ask the applicant to defend the decision. It was the Boards wish that the applicant intervene and handle this appeal. MINUTES PAGE 11 AUGUST 17, 1994 0137-1064 26. SIGNATURE OF RESOLUTION NO. 94-094, TO PROCEED WITH SQUAW CREEK CANYON RECREATIONAL ESTATES LOCAL IMPROVEMENT DISTRICT Before the Board was signature of Resolution No. 94-094, to proceed with Squaw Creek Canyon Recreational Estates Local Improvement District. Bruce reported the public hearings were held in June. This resolution states the Boards intent to authorize proceeding with the improvements. He requested the Board approve the resolution subject to review. THROOP: I move signature of Resolution No. 94-094, subject to review. SLAUGHTER: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this /? 7th day of _(-2, 1994, by the Board of Commissioners of Deschutes ounty, Oregon. AT T: Recording Secre ary Barry H. Slaughte , Commissioner MINUTES PAGE 12 AUGUST 17, 1994