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1995-04661-Minutes for Meeting November 30,1994 Recorded 1/26/199595-04661 0138-01221 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS ., �. Wednesday, November 30, 1994 Chair Nancy Pope Schlangen called the meeting to order at 1`0`:02 a.m. Board of County Commissioners in attendance were Nancy Pope Schlangen and Barry Slaughter. Also in attendance were Rick Isham, County Counsel; Andy Crosby, Assistant County Counsel; Bruce White, Assistant County Counsel; Kevin Harrison, Planner; Dale Van Valkenburg, Planner; Paul Blikstad, Planner; Sue Brewster, Assistant County Counsel; Mike Maier, County Administrator; and George Read, Community Development Director. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Personal Services Contract with Mary Duncan; and 2) approval of sale of surplus industrial real property to Vince Batha. SLAUGHTER: I move approval of the consent agenda items 1 & 2. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 2. SIGNATURE OF SUPPLEMENTAL AGREEMENT BETWEEN OREGON DEPARTMENT OF TRANSPORTATION, DESCHUTES COUNTY AND THE CITY OF BEND Before the Board was signature of a supplemental agreement between Oregon Department of Transportation, Deschutes County and the City of Bend. SLAUGHTER: I move that we require the state removing the extra rock to use on the Parkway and delay this agreement until we get a rewrite. 10EYP '7 C'HEC. �k 1995 SCHLANGEN: VOTE: 3. AUDIT REPORT Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED Gary Nelson reported the audit had been completed. He delivered financial statements on Deschutes County, 9-1-1, Extension and Black Butte Ranch. He recommended some accounting changes be made because of the size of the County. It was recommended that a committee should be formed to review the change over to a ledger system and a finance department. This committee would include Mike Maier, Helen Rastovich, Gary Nelson, Dave Peterson, and a Board member. Mike Maier noted that the recommendation of changing to a ledger system and a finance department has been presented to the Board in prior years. He stated the County was the only entity of this size that did not have a finance department. He felt it was a very critical issue for the county. 4. DECISION: ON THE RIGHT TO FARM ORDINANCE PROPOSED BY THE DESCHUTES COUNTY FARM BUREAU Bruce White reviewed the proposed ordinance. He stated that the ordinance was not ready for signature today. He said the next step was to put together ordinances for review with the Farm Bureau. 5. PUBLIC HEARING: ON ORDINANCE NO. 94-053, AMENDING TITLE 18, REPLACING "ANIMAL HOSPITAL" WITH VETERINARY CLINIC AS A CONDITIONAL USE Dale Van Valkenburg reported this ordinance actually adds Veterinary Clinic as a conditional use in the RS/RM Zone and the RS/R5 Zone as they share the same uses. All references to "animal hospital" had been replaced with the term veterinary clinic throughout the ordinance. Chair Schlangen opened the public hearing on Ordinance 94-053. Steve Myrin testified in support of this ordinance. He stated he was originally granted a nonconforming conditional use several years ago in Terrebonne. He stated this ordinance would allow them to expand their practice and build a new facility. There being no further testimony, Chair Schlangen closed the public hearing. The ordinance will be ready for signature on December 7, 1994 6. PUBLIC HEARING: ON ORDINANCE NO. 94-059 AMENDING TITLE 22 OF THE COUNTY CODE PROCEDURES ORDINANCE TO ALLOW EXTENSIONS OF LAND USE APPLICATIONS WHERE A PUBLIC HEALTH HAZARD IS FOUND TO EXIST Before the Board was a public hearing on Ordinance No. 94-059, amending Title 22 of the County Code, procedures ordinance to allow extensions of land use applications where a public health hazard was found to exist. Chair Schlangen opened the public hearing. MINUTES PAGE 2 NOVEMBER 30, 1994 0138-002 3 Bruce White stated that after the discussion on Monday, he required that there be submitted a time frame and plan for meeting the outstanding conditions. He stated these extensions would be done pursuant to an understanding that there would be a way to deal with an outstanding condition and a proposed time frame for doing so. He stated the applicant would be tied into the time frame as part of the conditions to the approval. Todd Norvell, Miller, Nash Law Firm, testified on behalf of Stage Stop, Inc. and in support of this ordinance. He stated Stage Stop, Inc. was the developer of the 168 parcel near the General Patch Bridge on the Deschutes River. This was originally platted as a 240 unit residential project. He reported this project had been in the process of replat since 1989, and the authorization to continue the replat expires in December of this year. There have been a number of delays and it would likely be several more months before this project was complete. He stated that if the ordinance before the Board was not adopted, the right to replat would expire. Without the replat the completion of the project would be unlikely because the existing layout of the lots was small and did not make adequate use of the available land. It also would not generate the amount of money required to complete the sewer system. This project was originally to be completed in eight phases. It includes a water system and sewer system. The existing sewer system was approved in the 1970's and would not be approved under the new rules that have been adopted to protect the Deschutes River since then. Bruce White stated there was a concern of replat without the lots being adequately served with water and sewer. He stated the conditions say that they cannot plat without meeting the DEQ concerns in providing an adequate sewer system. Todd Norvell reported they had an existing DEQ water pollution discharge permit and under these terms the existing system can be utilized until discharge exceeds a specified level per day. At this time the present utilization was at approximately half of the maximum level. The system as it was presently configured would probably be adequate for another year or so. He stated they were negotiating with the DEQ regarding the expansion of the system in order to have capacity to serve all the lots which they proposed to plat. Todd Norvell reported there would be approximately 238 lots when this project was complete. This would be close to the original number of lots but in a different configuration. Commissioner Schlangen asked how the County would determine to stop issuing building permits because the sewer system was not MINUTES PAGE 3 NOVEMBER 30, 1994 7. 0138- 24 adequate. Paul Blikstad was not sure how that would be handled. Todd Norvell stated they were negotiating an agreement with the Home Owners Association. They are also negotiating with DEQ regarding the sewer system. Michael Peterkin, representing the Home Owners Association, testified. He felt the sewer system was very close to the maximum amount it could handle. He stated the developer was able to sell lots without improving the water or sewer system, and the homeowners were very concerned. He stated the home owners had no objections to the ordinance but suggested some changes. He stated the sewer and water systems were both inadequate. Margaret Kirschner, President of Home Owners Association, expressed concern and frustration regarding the sewer system issue. Michael Peterkin felt it was in the home owners best interest to have the extension granted, but they wanted to keep the developer on track so it did not go on forever. Todd Norvell proposed that the one year extension be granted subject to termination by the Planning Department when and if they were not proceeding in good faith. Bruce White stated there was a time problem as the replat expires on December 10, 1994. Commissioner Schlangen requested Bruce White to bring an ordinance to the Board meeting on Monday, December 5, 1994, for action. Commissioner Schlangen continued the public hearing to Monday, December 5, 1994, at 10 a.m. PUBLIC HEARING: ON A PETITION TO ANNEX TERRITORY INTO THE LA PINE RURAL FIRE DISTRICT AND SIGNATURE OF ORDER NO. 94-151 Before the Board was a public hearing on a petition to annex territory into the La Pine Rural Fire District and signature of Order No. 94-151. Andy Crosby reported this was the annexation of one property owner to the La Pine Rural Fire District which was in Klamath County. Chair Schlangen opened the public hearing. MINUTES PAGE 4 NOVEMBER 30, 1994 9. Andy Crosby requested that this public hearing be continued to December 7, 1994, at 10 a.m. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $184,741.93. SLAUGHTER: I would move approval of the accounts payable vouchers on review. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED SIGNATURE OF ORDERS NO. 94-140, 94-141, 94-142, AND 94-144, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 94-140, 94-141, 94-142, and 94-144, authorizing the refund of taxes. SLAUGHTER: I would move signature of Orders 94-140, 94- 141, 94-142 and 94-144 authorizing the refund of taxes. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 10. APPOINTMENT OF THE COMMUNITY ACTION PLANNING COMMITTEE Before the Board was the appointment of the Community Action Planning Committee. SLAUGHTER: I would appointment of the Community Action Planning Committee. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED 11. SIGNATURE OF ORDER NO. 94-157, TRANSFERRING CASH WITHIN DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 94-157, transferring cash within the Deschutes County Budget. MINUTES PAGE 5 NOVEMBER 30, 1994 SLAUGHTER: I would transfer of cash under Order No. 94- 157. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: EXCUSED DATED this 30f1 day of /L- , 1994, by the Board of Commissioners of Desohut s Cqupty, Oregon. ATTEST: Recording Secretary ancy Popelgch4angen, Chair Tom Throop, Commissioner "—� , (", w Barry H. Slaughte , Commissioner MINUTES PAGE 6 NOVEMBER 30, 1994