1995-04615-Minutes for Meeting July 20,1994 Recorded 1/26/199595-04615 0138-0182
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, July 20, 1994 `' ' f5.} �= �7
Chair Schlangen called the meeting to order 10:08 a.m.' Bo�xi!o`
County Commissioners in attendance were Nancy Pope Schlangen;'Tom-`v.,
Throop, and Barry Slaughter. Also in attendance were Bruce White,
Assistant County Counsel; Stacy Warren, Planner; Brian Harrington,
Planner; Kevin Harrison, Planner; Rick Isham, County Counsel;
Catherine Morrow, Planner; Mike Maier, County Administrator; and
Sue Stoneman; Community Relations Specialist II.
1. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) signature of Budget Revision No. 1 of Oregon Health
Division Grant Award; 2) reappointment of Andy Tillman and
Eric Dolson to the Deschutes County Planning Commission; 3)
signature of Liquor License Renewal for Moose Lodge #2093,
Deschutes Country Store, Bend Kampground, Baja Norte and
Alpine Foods; 4) signature for Commission on Children &
Families to Contract with COIC for Delivery of Services for
the 1994 Youth Conservation Corps; 5) signature of Development
Agreement with Curt and Cindy Ludwick on Condition of Approval
for MC -94-5 and SP -94-16; and 6) signature of Financial
Segregation Agreement for Larry & Kathryn Wogman in an EFU
Zone.
SLAUGHTER: I would move approval of the consent agenda.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
2. DECISION: ON THE APPEAL OF THE HEARINGS OFFICER'S DENIAL OF
A LOT OF RECORD FOR KELLY O'NEILL
Before the Board was an appeal of the Hearings Officer's
denial of a lot of record for Kelly O'Neill.
Commissioner Throop felt the Hearings Officer's decision
should be upheld.
THROOP: I will move to uphold the hearings officer's
decision.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES KEY C`°
SLAUGHTER: YES
YES � 1995
THROOP: �`
0138-0183
3. CONTINUED PUBLIC HEARING: ON AMENDMENT TO TITLE 18 DESCHUTES
COUNTY ZONING ORDINANCE AND TITLE 17 DESCHUTES COUNTY
SUBDIVISION AND PARTITION ORDINANCE TO INCLUDE LIGHTING
STANDARDS, TEXT AMENDMENT TA -93-19
Before the Board was a continued public hearing on amendment
to Title 18, Deschutes County Zoning Ordinance, and Title 17,
Deschutes County Subdivision and Partition Ordinance, to
include lighting standards, text amendment TA -93-19.
Sharon Smith, attorney representing Eagle Crest, stated Eagle
Crest was in support of the ordinance. They had a concern
regarding changing the existing Eagle Crest facility. They
would do retro -fitting as the fixtures need to be replaced.
They would like to keep the holiday lighting. She felt ten
years would be great and that five years would be a minimum.
She said there was a concern regarding how soon the new
lighting fixtures would be available.
Pam Wilson, Central Oregon Builders Assoc., submitted three
pages of written testimony. She expressed concerns regarding
the ordinance. She was also representing Bob Borlen and
submitted written testimony on his behalf.
Pam Wilson had questions regarding enforcement.
Larry Pratt stated the 1,000 complaints were generated by
Harrell Graham (postcards). The issue of phase-in time has
been raised. He stated he would like to see something done as
quickly as possible. The lighting fixtures are available from
manufacturers now so there would be no problem getting them.
He felt that retro -fitting could be done in a simple way by
painting the outside of the light. He stated there was
information available on how to talk to your neighbor on a
lighting issue. He stated there were a number of items that
could be attached to existing lighting or new lighting to
reduce the glare.
Commissioner Throop asked what the typical life span was of an
Eagle Crest fixture. Larry Pratt felt the fixtures had a long
life and could run for 30 vears.
Commissioner Schlangen asked Brian Harrington to explain how
the complaints would be handled.
Brian Harrington said it was his understanding that it would
be handled through the Code Enforcement process and complaint
process.
Ted Schausberger felt that the ordinance, as written, would do
nothing about the existing fixtures. He stated that only the
new buildings would have to conform to the new outdoor
MINUTES PAGE 2 JULY 20, 1994
0138-0184
lighting ordinance. He felt that holiday lights should not be
exempt.
Rick Isham stated the issue of the permit was foremost and the
Legal Department had met with the building official to go
through the electrical code. He stated there was a real
concern regarding the issue that we would exceed our
authority. He felt it was not a code ordinance but it was a
police power ordinance. He stated the ordinance was legal as
a police power ordinance. He also stated that 7 to 10 years
has historically been selected for full implementation.
Commissioner Throop felt this ordinance was evolutionary and
the Board ought to go forward with this. He felt it should be
put in place to see how it worked. He also felt that if and
when problems arise, the ordinance could be adjusted.
Chair Schlangen closed the public hearing.
Commissioner Throop felt a work session was needed with the
staff to make sure all issues were worked out as to how it
relates to building codes. He felt the Board should sit down
with legal and planning staff to make sure we have a good
starting point.
Chair Schlangen stated a work session will be scheduled the
afternoon of August 1. This item will be on the agenda for a
first reading on August 3, 1994.
4. CONSIDERATION OF ORDINANCE NO. 94-007, AMENDMENT TO TITLE 20,
RIPARIAN ESEE
Before the Board was consideration of Ordinance No. 94-007,
amendment to Title 20, Riparian ESEE.
THROOP: I move first and second reading, by title
only, of Ordinance No. 94-007.
SLAUGHTER: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 94-007 by title only.
THROOP: I move adoption.
SLAUGHTER: Second.
MINUTES PAGE 3 JULY 20, 1994
0138-x0185
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
5. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT TGM GRANT, CATEGORY
3, FOR URBAN GROWTH BOUNDARY MANAGEMENT OPTIONS
Before the Board was an Intergovernmental Agreement TGM Grant,
Category 3, for Urban Growth Boundary Management Options.
Catherine Morrow reported that this was the paperwork required
to be signed by the Board, City of Redmond and the City of
Bend for the consultant for Urban Growth Management Options.
The request for proposal was sent out to five consultants.
This was in the amount of $50,000.
THROOP: I will move signature of the Intergovernmental
Agreement.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
6. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT TGM GRANT, CATEGORY
2
Before the Board was signature of an Intergovernmental
Agreement TGM Grant, Category 2.
Catherine Morrow reported this was the citizen involvement
with the City of Bend taking the lead.
THROOP: I'll move signature.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
7. SIGNATURE OF FINAL PLAT FOR CROSSWATER PHASE 1 & 2,
DEVELOPMENT AGREEMENT AND CONSERVATION EASEMENT
Before the Board was signature of a final plat for Crosswater,
Phase 1 & 2, Development Agreement and Conservation Easement.
SLAUGHTER: I move signature on final plat for Crosswater,
Phase 1 & 2.
THROOP: I'll second the motion.
MINUTES PAGE 4 JULY 20, 1994
9.
10.
11.
0.38-0286
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
At this point Commissioner Throop left the meeting for a few
minutes.
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF
$322,791.17.
SLAUGHTER: I move approval on review.
SCHLANGEN: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
SIGNATURE OF PLAT FOR RIVERVIEW VISTA ESTATES, PHASE V, WITHIN
EAGLE CREST
Before the Board was signature of a plat for Riverview Vista
Estates, Phase V, within Eagle Crest.
SLAUGHTER: I'll move signature on the plat.
THROOP: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
APPROVAL OF OUT-OF-STATE TRAVEL REQUEST FOR MARDELL AHRENS TO
ATTEND A TOTAL QUALITY SEMINAR IN WATSONVILLE
Before the Board was a request for approval of out-of-state
travel for Mardell Ahrens to attend a Total Quality Seminar in
Watsonville.
THROOP: I'll move approval of the training request.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
SIGNATURE OF LIQUOR LICENSE RENEWAL APPLICATION FOR ROCK
SPRINGS GUEST RANCH, LAVA LAKE LODGE
Before the Board was signature of liquor license renewal
applications for Rock Springs Guest Ranch and Lava Lake Lodge.
MINUTES PAGE 5 JULY 20, 1994
0138-018",
THROOP: I'll move approval of liquor license renewals.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
12. SIGNATURE OF ORDERS NO. 94-106 & 94-107, AUTHORIZING THE
REFUND OF TAXES
Before the Board was signature of Orders No. 94-106 & 94-107,
authorizing the refund of taxes.
SLAUGHTER: I'll move signatures on Orders No. 94-106 &
94-107.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
13. APPROVAL OF SISTERS ACADEMY DECISION
Bruce White wished the Commissioners to sign this today since
Commissioner Schlangen will be out of town next week due to a
family emergency.
THIS MEETING WILL BE CONTINUED TO 1:30 P.M. THIS AFTERNOON FOR
THIS MATTER.
14. J BAR J LEVEL 7 SERVICES
Rick Isham reported to the Board that this agreement was not
ready, but requested them approve it subject to review.
THROOP:: I'll move signature subject to review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
DESCHUTES COUNTY BOARD OF COMMISSIONERS RECONVENED AT 3:30
P.M.
MINUTES PAGE 6 JULY 20, 1994
0138-0188
15. SIGNATURE OF RESOLUTION NO. 94-084, ENDORSING AND APPROVING
THE 1995/97 COMPREHENSIVE PLAN FOR THE DESCHUTES COMMISSION ON
CHILDREN & FAMILIES
Before the Board was signature of Resolution No. 94-084,
endorsing and approving the 1995/97 Comprehensive Plan for the
Deschutes County Commission on Children & Families.
THROOP: I would move Board of County Commissioner
endorsement of the Commission on Children &
Families Plan.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
16. FINDINGS AND DECISION ON J BAR J YOUTH SERVICES
Before the Board were the findings and decisions on the J Bar
J Youth Services application for a Sisters Academy. Bruce
White and Dale Van Valkenburg reviewed the findings with the
Board.
SLAUGHTER: I would move approval of signature of appeal
of Hearings Officers decision on CU -93-117, as
presented.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
DATED this r -,?0 th day of , 1994, by the
Board of Commissioners of Depchu es dbunty, Oregon.
Nancy Pope�Sch�angen, Chair
Tom Throop, Commissioner
ATTEST:
( 2,u&
Recording Secretary Barry H. Slaughter, Commissioner
MINUTES PAGE 7 JULY 20, 1994