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1995-01835-Minutes for Meeting August 10,1994 Recorded 1/12/199599-01835 01 38-000 t a� MINUTES = �, DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, August 10, 1994 _1 Commissioner Schlangen called the meeting to order at 1d Q3 fk3m. Board of County Commissioners in attendance were Nafi6y p„gpe Schlangen, Tom Throop, and Barry Slaughter. Also in attendance were Larry Rice, Public Works Director; Brad Chalfant, Property Manager; George Read, Community Development Director, Damian Syrnyk, Planner; Rick Isham, County Counsel, Sue Stoneman, Public Relations Specialist; Roland Gangstee, Adult Corrections Manager; Susan Mayea, Support Services Manager; Brian Harrington, Planner; Sue Brewster, Assistant County Counsel; and Bruce White, Assistant County Counsel. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were 1) signature of Personal Service Contract with Dr. Morrison for the Mental Health Department; 2) signature of final plat for a minor partition to create two lots on Helmholz Way MP -93-29; 3) signature of Order No. 94-118, assigning the name of Schibel Road to a relocated portion of Schibel Road; 4) signature of Order No. 94-119, changing the name of Sue Road to Jason Road; 5) signature of Order No. 94- 120, changing the name of Heierman Drive to Helbrock Drive; 6)signature of Final Plat for MP -93-25, to Divide a 20 -Acre Parcel into Two Parcels in an RR -10 Zone for Jeff Stewart; 7) signature of appointment of Ron Turco to the Black Butte Ranch Service District Board of Directors; 8) signature of liquor license renewals for Hook, Wine & Cheddar, Marcello's; 9) signature of Order No. 94-123, designating a newspaper for the publication of the 1994/95 foreclosure list; and 10) signature of acceptance of Declaration of Dedication of two reserve strips in Vista Del Sol Subdivision. THROOP: I will make a motion approving the ten consent agenda items. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. PUBLIC HEARING: ON EXCHANGE OF INTEREST IN REAL PROPERTY WITH JAMES R. OLSEN FOR WATER RIGHTS FOR BIG SKY PARK Before the Board was a public hearing on the exchange of interest in real property with James R.Olsen for wa r rights for Big Sky Park. KEY ACHE lidC„OF��MED `1996 FEB 081995 3. 0138-0002 Brad Chalfant reported this was a transfer of surplus property in exchange for water rights for Big Sky Park. The water would be used to develop parks pursuant to agreements with the parks district. The surplus right-of-way and land was 3.07 acres, valued at $6,500 per acre, for a total of $19,955. The water rights were an equivalent value with 9.5 acres of water rights. Brad requested the Board's signature of Order No. 94- 099. Chair Schlangen opened the public hearing. John Simpson, Bend Metro Park & Recreation, reported a ball field facility for youth was under construction. He stated this exchange was very helpful to getting these project completed in a timely manner. There being no further testimony, the public hearing was closed. THROOP: I would move approval of the exchange of real property for the water rights. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DECISION: ON FRALEY APPEAL OF NUV-94-2 Before the Board was a decison on the Fraley appeal of NUV-94- 2. Commissioner Throop felt the information that was available to the Hearings Officer was not sufficient to find that there was a valid nonconforming use. He felt it was clear that the record indicates that the property had been in continuous use and not abandoned. He felt the property met the criteria in the ordinance and he would reverse the Hearings Officer's decision. He stated the applicant did indicate that they would be interested in meeting with neighbors to see if some conditions could be worked out on the operation of that site. Commissioner Throop stated he would support the valid nonconforming use. Commissioner Slaughter found it a very difficult decision. He felt there was a lot of conflicting information. The facility had been used continuously but in completely different uses. The zone was an MUA-10 and this nonconforming use had been continuous without interruption. He stated he would like to see some kind of mitigation effort to improve the way the operation looks and/or have it cleaned up. MINUTES PAGE 2 AUGUST 10, 1994 0138-0003 Commissioner Schlangen felt there had been a use there. She also felt the intensity of the operation had changed which she had some concerns about. There had been a nonconforming use since 1969. Commissioner Schlangen stated she had a great deal of trouble with it but did not know what to do with the site. She felt it would be wise to have some mitigation done. Rick Isham felt that the Board may decide to look at the scope. He stated that if the Board found that the present use was more intense, they could make findings relative to the intensity of the use. He felt the Board could make specifications regarding the nonconforming use. Commissioner Schlangen did not feel it was a valid nonconforming use. Commissioner Throop asked if there was enough in the record to determine that level had not been that intense all along. Commissioner Schlangen felt there was more intensity now than there was a few years ago. Damian Syrnyk, planner, reported there was no information about the number of hours of operation or number of employee on the site. Commissioner Schlangen stated there was information regarding working in the evenings and working with employees. Commission Throop felt there was nothing in the record that quantifies the amount of use today compared with five or ten years ago. There was nothing that allows the County to put Bide boards on the use. He stated he would be prepared to make a motion today that says it was a valid nonconforming use. Commissioner Slaughter felt the team of zoning folks should look at the land and put the rules together on that and give the Board a list of what they would do to change things. Commissioner Throop stated with a valid nonconforming use the Board does not have the power or authority, if it was a valid nonconforming use, to send people out and then condition it unless the use had changed. Damian stated the record does not contain information on the scope such as generating a lot of noise or a little noise, hours of operation, or number of employees. Commissioner Throop stated that it was probably not a use we would start today but it has been there since 1969. He felt MINUTES PAGE 3 AUGUST 10, 1994 0138-0004 the Board could not alter the scope of the nonconforming use. Staff pointed out that there was not sufficient information. THROOP: I will move that the Hearings Officer's decision be reversed and the Board find that this was a valid nonconforming use because the kind of use that occurs at the site has been in continuous operation since before February, 1973, and do not believe that the record shows that there has been a substantial change in the scope of that operation and therefore finding that this was a valid nonconforming use. SLAUGHTER: I guess I will second that. DISCUSSION: The Board should ask the Fraleys to voluntarily meet with neighbors. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 4. SIGNATURE OF PERSONAL SERVICES CONTRACT FOR URS CONSULTANTS, INC., REGARDING SOLID WASTE MATTERS Before the Board was signature of a Personal Services Contract for URS Consultants, Inc., regarding solid waste matters. Larry Rice reported this was a master plan for future use. They will take the existing information we have and prepare a site plan map. SLAUGHTER: I would move signature of personal services contract with URS Consultants. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 5. SIGNATURE OF PERSONAL SERVICES CONTRACT FOR HARDING LAWSON ASSOCIATES REGARDING SOLID WASTE ISSUES Before the Board was signature of a Personal Services Contract for Harding Lawson Associates regarding solid waste matters. SLAUGHTER: I would move signature of personal services contract with Harding Lawson Associates. THROOP: I'll second the motion. MINUTES PAGE 4 AUGUST 10, 1994 0138-0005 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 6. SIGNATURE OF ADDENDUM TO INTERGOVERNMENTAL AGREEMENT WITH THE STATE DEPARTMENT OF CORRECTIONS Before the Board was signature of an addendum to the Intergovernmental Agreement with the State Department of Corrections. Roland Gangstee, Adult Community Corrections Manager, reported that when a person was paroled a check was made out to the County and the inmate. This arrangement will get the County out of that situation and the amount of $10,859 for the remainder of the fiscal year will be put into the general fund directly. THROOP: I will move signature of this addendum to the Intergovernmental Agreement. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 7. FIRST READING OF ORDINANCE NO. 94-024, LIGHTING ORDINANCE Before the Board was the first reading of Ordinance No. 94- 024, Lighting Ordinance. Brian Harrington reported this ordinance was in draft form and was being presented for the first reading only. He reviewed the ordinance with the Board. The effective date of ordinance would be 90 days from adoption. The previous draft ordinance had a temporary exempt section in which staff had recommended that items J, K, L, & M be added. Larry Pratt stated the issue was high intensity lighting. The idea was not to deprive use but to control use in the appropriate ways. Permanent fixtures at dedicated sites are the lights that need to be considered under the ordinance. Pam Wilson asked if Tucson, Arizona had some recommendations for the agriculture community. Larry Pratt stated that they did not specifically address an agriculture exemption. SLAUGHTER: I would move that this take effect five years from August 31, 1994. THROOP: I'll second the motion. MINUTES PAGE 5 AUGUST 10, 1994 0138-0000 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 8. ADOPTION OF ORDINANCES NO. 94-035, AMENDING THE DESCHUTES COUNTY COMPREHENSIVE PLAN, NO. 94-036, AMENDING THE DESCHUTES COUNTY COMPREHENSIVE PLAN YEAR 2000 GROWTH MANAGEMENT CHAPTER, AND NO. 94-039, AMENDING TITLE 18 OF THE DESCHUTES COUNTY ZONING ORDINANCE Before the Board was adoption of Ordinance No. 94-035, amending the Deschutes County Comprehensive Plan, No. 94-036, amending the Deschutes County Comprehensive Plan Year 2000 Growth Management Chapter, and No. 94-039, amending Title 18 of the Deschutes County Zoning Ordinance. Brian Harrington requested this to be postponed until next week, August 17, 1994. 9. CONSIDERATION OF LOTTERY GRANT AWARD TO ABC Before the Board was a lottery grant award to ABC. Susan Mayea reported this request was for a deputy to be onsite for security purposes during the filming of the television series McKinna. The lottery grant award was in the amount of $15,000. THROOP: I'll move approval. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 10. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF $547,408.81, SUBJECT TO REVIEW. Before the Board was approval of the weekly accounts payable vouchers in the amount of $547,408.81, subject to review. SLAUGHTER: THROOP: VOTE: I move approval on review. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 6 AUGUST 10, 1994 0138-000'7 11. SIGNATURE OF LIQUOR LICENSE RENEWALS FOR EAGLE MART, CANYON CLUB RESTAURANT, WOOD MARK BOWL, BROTHER'S STAGE STOP, TOM'S MARKET, MOUNTAIN HIGH GOLF COURSE, TUMALO FEED COMPANY, MILLICAN STORE Before the Board was signature of liquor license renewals for Eagle Mart, Canyon Club Restaurant, Wood Mark Bowl, Brother's Stage Stop, Tom's Market, Mountain High Golf Course, Tumalo Feed Company, and Millican Store. SLAUGHTER: I move approval of liquor license renewals. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 12. APPROVAL OF VIDEO LOTTERY GRANT TO EXPAND DESCHUTES COUNTY DIAL SERVICE Before the Board was approval of a Video Lottery Grant to expand Deschutes County DIAL Service. Susan Mayea reported this was to expand the DIAL services. It would be expanded by three phone lines. The total request amount was $2,661. THROOP: I move approval of the request. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 13. APPROVAL OF OUT-OF-STATE TRAVEL REQUEST FOR BILL WALKER TO ATTEND CLARITY TRAINING CENTER IN BELLEVUE, WASHINGTON AUGUST 29 - SEPTEMBER 1, 1994 Before the Board was request for approval of out-of-state travel for Bill Walker to attend Clarity Training Center in Bellevue, Washington, August 29 - September 1, 1994. SLAUGHTER: I will move approval of out-of-state travel. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 7 AUGUST 10, 1994 013a-008 14. APPOINTMENT OF PAUL HOCH TO THE BOARD OF TRUSTEES OF THE FOUR RIVER VECTOR CONTROL DISTRICT Before the Board was signature of an appointment letter to Paul Hoch to the Board of Trustees for the Four River Vector Control District. SLAUGHTER: I move approval of the appointment. THROOP: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 15. APPROVAL OF CANDIDATES FOR JOINT COMPREHENSIVE PLAN CITIZEN ADVISORY COMMITTEE Before the Board was approval of candidates for the Joint Comprehensive Plan Citizen Advisory Committee. THROOP: I'll move approval of the appointments. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 16. SIGNATURE OF PERSONAL SERVICES CONTRACT FOR DOUGLAS REINTHAL Before the Board was signature of a Personal Services Contract for Douglas Reinthal. THROOP: I'll move signature of the Personal Services Contract. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 17. SIGNATURE OF ORDER NO. 94-108, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 94-108, authorizing the refund of taxes. THROOP: I'll move signature of the refund order. SLAUGHTER: I'll second it. MINUTES PAGE 8 AUGUST 10, 1994 VOTE: SCHLANGEN: YES 0138-0009 SLAUGHTER: YES THROOP: YES Chair Schlangen recessed the meeting to 1:30 p.m. today to discuss the Eagle Crest decision. Chair Schlangen reconvened the meeting at 1:37 p.m. Board of County Commissioners in attendance were Nancy Pope Schlangen, Barry Slaughter and Tom Throop. Also in attendance were Bruce White, Assistant County Counsel; Rick Isham, County Counsel; and George Read, Community Development Director. 18. DECISION: EAGLE CREST Before the Board was the decision on Eagle Crest. Bruce White reviewed the findings and decision with the Board of Commissioners. He reported that this decision basically stated that mitigation was required at both Highway 126 and Highway 20 intersections. The decision accepts the agreement between Oregon Department of Transportation and Eagle Crest that mitigation was required at the interchange as proposed. The agreement also discusses the timing as to when the mitigation must occur. The mitigation must occur at 25% of build -out of Phase II. THROOP: I'll move signature of the findings and decision for Eagle Crest. SLAUGHTER: I'll second the motion VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YE DATED this /D 1A day of 1994, by the Board of Commissioners of Dezchutes C6unty, Oregon. 0 Nancy Pope Sohlangen, Cha Tom Throop, Commissioner AT ES Recording Secretary Barry It. Slaughter, Commissioner MINUTES PAGE 9 AUGUST 10, 1994