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1995-17682-Minutes for Meeting March 01,1995 Recorded 5/23/199591 -1'7682 MINUTES 0146-1240 DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, March 1, 1995 C Chair Slaughter called the meeting to order at 10:04 a.m. Board of County Commissioners present were Barry H. Slaughter, Nancy Pope Schlangen, and Robert L. Nipper. Also present were Mike Maier, County Administrator; Tom Blust, County Counsel; Bruce White, Assistant County Counsel; Dale Van Valkenburg, Planner; Brad Mulvihill, Juvenile Division Director; Kevin Harrison, Planner; Sue Stoneman, Community Relations Specialist; Andy Crosby, Assistant County Counsel; Brian Harrington, Planner; George Read, Community Development Director. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) Criminal Justice Advisory Council Report on Juvenile Justice system facility needs; 2) signature of Resolution No. 95-037, approving findings by the Solid Waste Department and exempting a Contract with David Evans & Associates from competitive bidding requirements; 3) signature of Personal Services Contract with David Evans & Associates, Inc. for preparation of a preliminary assessment of lateral groundwater contamination at the S.W. Landfill as required by D.E.Q.; 4) signature of Resolution No. 95-038, approving findings by the Solid Waste Department and exempting a Contract with David Evans & Associates from competitive bidding requirements; 5) signature of Personal Services Contract with David Evans & Associates, Inc. for cover rehabilitation at the Southwest Landfill; 6 ) signature of Order No. 95-034, amending Order No. 95-024 for Public Hearing on Apache/Lakeview L.I.D.; 7) signature of Order No. 95-033, amending Order No. 95-023 for Public Hearing on Galen Road L.I.D.; 8) signature of Deschutes County Bicycle Map Agreement; 9) approval of Grant of $4,000 to Rimrock Trails Adolescent Treatment Center; 10) signature of Personal Services Contract with Oregon Psychological and Consulting Associates; 11) reappointment of Roberta Berry and John Prignano to the Local Alcohol & Drug Planning Committee; 12) appointment of Richard Gurwell to the Newberry Estates Special Road District Board of Directors; 13) appointment of Parker Johnstone, Norma Cleveland, Frank Deggendorfer, and Don Anderson to the 1995-96 Deschutes County Extension/4-H Service District Budget Committee; 14) signature of Plat for MP -93-11 for Rene Orlando creating two 13 -acre parcels in an RR -10 Zone; 15) signature of Final Plat for MP -93-31, a Partition to Divide a 49 -acre Parcel into Two Parcels in an EFU-TRB Zone; and 16) approval of out-of-state travel for Dianna Pickett to attend Program Managers Meeting for Health Families America. Dennis Maloney, Community Corrections Director, requested a separate motion for item #1. uFi' 3� 1995 ►���. ?44Y10,995 , 1995 0146-1241 SCHLANGEN: I move acceptance of the report from CEOJJC, approve the request to go to the voters at some time in the near future, and within 60 days will address when this should be put before the voters. NIPPER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SCHLANGEN: I move approval of consent agenda items 2-16. NIPPER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 2. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO. 95-010, AMENDING TITLE 17 TO ALLOW FOR SYSTEM DEVELOPMENT CHARGES FOR PARKS WITHIN THE CENTRAL OREGON PARKS & RECREATION DISTRICT; ADOPTION OF ORDINANCE NO. 95-019, REQUIRING PAYMENT OF SYSTEM DEVELOPMENT CHARGES PRIOR TO ISSUANCE OF BUILDING AND ELECTRICAL PERMITS; AND SIGNATURE OF INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION OF PARK SYSTEM DEVELOPMENT CHARGES Before the Board was a public hearing on adoption of Ordinance No. 95-010, amending Title 17 to allow for System Development Charges for parks within the Central Oregon Parks & Recreation District; adoption of Ordinance No. 95-019, requiring payment of System Development Charges prior to issuance of building and electrical permits; and signature of an Intergovernmental Agreement for the collection of park System Development Charges. Dale Van Valkenburg displayed a map marking the boundaries of the Central Oregon Parks & Recreation District. Rick Isham stated the City of Redmond component was delayed for action by the city. Rick implemented this as of March 1, 1995. Dale requested this be implemented as of April 1, 1995. George Read recommended implementation as of April 1, 1995. Caroline Nolan, General Manager for Central Oregon Parks & Recreation, testified in support of this ordinance. MINUTES PAGE 2 MARCH 1, 1995 0146-1242 Rick Isham stated the County was a collection agency only. Chair Slaughter opened the public hearing on Ordinance No. 95- 010. Vickie Allen, Board Member of Central Oregon Parks & Recreation, testified in support of this ordinance. This will culminate a two year long planning process. She addressed section B of the Intergovernmental Agreement, page 2, second paragraph from the end, by stating it was fair and that they should pay the County for collection of the fees. She felt Central Oregon Parks & Recreation should have the same agreement as the Bend Metro Parks & Recreation had in order for it to be fair. Rick Isham stated that anyone that has applied since they implemented the fee has to pay it. Mike Maier urged the Board to wait until April 1 for implementation to allow time for changes in data processing. SCHLANGEN: I move first and second reading of Ordinance No. 95-010, by title only. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-010, by title only. SCHLANGEN: I move for adoption. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SCHLANGEN: I move first and second reading of Ordinance No. 95-019, by title only, with implementation date changed to April 1, 1995. NIPPER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 3 MARCH 1, 1995 3. 0146-1243 Chair Slaughter performed the first and second reading of Ordinance No. 95-019 by title only. SCHLANGEN: NIPPER: VOTE: I move adoption. I second it. SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SCHLANGEN: I move signature of Intergovernmental Agreement with the Central Oregon Parks & Recreation District for the collection of park system development charges, deleting the service charge and making the implementation date of April 1, 1995. NIPPER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES PUBLIC HEARING ON APPEAL OF FILE A-94-21, AN APPEAL OF THE HEARINGS OFFICER'S DENIAL OF LAND USE FOR DON AND PAULA LAWYER Before the Board was a public hearing on an appeal of file A- 94-21, an appeal of the Hearings Officer's denial of land use for Don and Paula Lawyer. Chair Slaughter asked if there was any Commissioner that had pre -hearing contact. All Commissioners reported there had been no Are -hearing contact. Dale Van Valkenburg reported this property was located at 18475 Pinehurst Road. This piece of property was 9.77 acres in size with 9.3 acres of Tumalo Irrigation District Water rights. When looking at the property from the road, it appears to be a flat piece of property. There are three rocky areas on the property, two of which are rock piles on the east end in the center of the property and a rocky outcropping on the west end. The applicant has proposed to site a nonfarm dwelling on the eastern most rock pile area on the property. The ordinance requires that the dwelling be placed on a piece of the property that was not suitable for farming and requiring a setback. He stated staff believed the applicant had met the required burden of proof for a variance. The Hearings Officer was close to finding for approval but she felt the applicant had not met their burden of proof in showing that the property was not suitable for the production of livestock. The applicants have submitted a map that shows MINUTES PAGE 4 MARCH 1, 1995 0146-1244 the unirrigated area on the western boundary which could be transferred. The applicant has submitted a letter from Eric Davenport of Davenport Enterprises, Inc., a rural property planning and management services. It appears that the letter backs up the applicants statement of saying the site was unsuitable for farming. The applicant has also submitted an audio tape of a tax appeal hearing from 2-14-95 regarding the subject property. This case has been the most troublesome to try to approve because of the small size of the rock outcroppings and the irrigation on the property. The decision today would be whether or not this site was generally unsuitable for farm use. Dale reported there were 9.77 acres of land with 9.3 acres of water. Chair Slaughter opened the public hearing. Sharon Smith, attorney for the Lawyers, reported the Hearings Officer focused on the livestock. She felt the parcel was not suitable for farming because of the rock piles. This parcel was partitioned in 1973 but the Lawyers did not purchase the property until 1987. John Steele reported he owned the property just north of and adjacent to the property in question. He felt the ground was not agricultural. He reported he took 10 acres next to this piece of property and worked 3 1/2 years removing the rocks, leveling it and trying to make it productive, but it didn't work. Mr. Steele stated the Lawyer's property had June grass growing on it and there was water on the property. He sold this property in good faith thinking that someone could build on it without any problem and then those people sold this property to the Lawyers with the same intent. He stated this was not farm land but it would make a nice place for a home. Don Bolden, licensed real estate broker and Oregonians In Action, stated he sold this property to the Lawyers in 1987. At that time they understood that they had to have a conditional use permit. They just wanted to build a house with 10 acres around it. He reported the Lawyers have taken the property out of farm deferred tax status voluntarily. Paula Lawyer testified in support of the Board approving the conditional use permit. See attached written testimony. Commissioner Slaughter asked Paula Lawyer if they had requested Tumalo Irrigation District to transfer the water off of the property. Paula Lawyer stated they had and the Tumalo Irrigation District has approved. She stated that could be done pending the approval of the conditional use. MINUTES PAGE 5 MARCH 1, 1995 414s�1245. Commissioner Schlangen asked Mrs. Lawyer why they were asking for less than 100 foot setback. Paula Lawyer stated the reason they were requesting less than 100 foot setback was to stay within the rock pile which seemed to be a requirement. Commissioner Schlangen asked if the driveway would have to be about 600 feet long. Mrs. Lawyer stated the driveway to where they had hoped to build a house was about 240 feet in from the road. But if they have to build on the rocky outcropping, the driveway would have to be over 500 feet long. She felt this long driveway would take more out of the pasture area than it would for a whole house. Commissioner Nipper requested the Mrs. Lawyer identify on which outcropping the house would be placed. Don Lawyer testified regarding the details of the process he has gone through. He felt his land had been taken from him. He felt that if his case had been handled differently and more correctly, he would not be here now. See attached written testimony. Commissioner Slaughter apologized for the situation Mr. Lawyer had been through. Commissioner Nipper stated that from this day forward he would not treat land use owners in the manner the Lawyers had been treated. He apologized to the Lawyers for the treatment they had received. Lori Northcott testified in opposition of granting the conditional use permit for a nonfarm dwelling on the Lawyers property. She felt the property supported grazing livestock. She stated this property was level, fenced, generally cleared and consists of high value soils and has excellent irrigation. Two of these rock piles were man made and could be cleared. This property has been historically used for grazing. Sharon Smith stated that under the current laws, if part of the property was not suitable for farm use, a nonfarm dwelling could be approved. Rob Standberry lives on property to the south of Lawyers and testified in opposition of this nonfarm dwelling. Don Lawyer reported he had met Mr. Standberry in the Fall of 1993. He felt that Mr. Standberry object to the Lawyers building a house because of privacy and would block the view. There being no further testimony, Chair Slaughter closed the public hearing. MINUTES PAGE 6 MARCH 1, 1995 0146-1246 NIPPER: I move that we overturn the Hearings Officer's finding and grant a conditional use permit for the Lawyers to be able to build on their own property. This motion died for a lack of a second. Commissioner Slaughter stated he would like to continue the hearing until he had an opportunity to go look at the property. Rick Isham stated that in order for the Commissioners to go out to the property for viewing, the public hearing would need to be continued to a date and time certain. Commissioner Schlangen stated she felt the land use was EFU when the applicant purchased it. She felt the applicant had not been shown that it was unsuitable for farm use. She expressed sympathy for the applicant. This public hearing was continued to March 29, 1995, at 10 a.m. 4. AUTHORIZATION TO WAIVE BIDDING PROCESS AND TARE QUOTES FOR THE ASPHALT WIDENING OF STEVENS ROAD Before the Board was authorization to waive the bidding process and take quotes for the asphalt widening of Stevens Road. Tom Blust reported this request was before the Board because it was a small paving job in the amount of about $35,000. The Public Works Department would get quotes from the two contractors that do this kind of work and award the contract based on the bids. Commissioner Slaughter asked what the time frame was for getting this project done. Tom Blust stated they would like to get it done now because the equipment was out in that area. Commissioner Slaughter expressed concern about doing this project without a bid process. Tom Blust stated this was a more streamlined process as they would still be getting competitive quotes. Rick Isham stated there would be no formal advertising. Tom Blust will call the two contractors and get quotes and go from there. SCHLANGEN: I move authorization to waive bidding process. The motion died for a lack of second. MINUTES PAGE 7 MARCH 1, 1995 5. 6. %146-1247 ADOPTION OF ORDINANCE NO. 95-012, REPEALING SECTION 4.28 ASSIGNMENT OF CLAIMS FOR APPOINTED COUNSEL, TITLE 4, REVENUE AND FINANCE, OF DESCHUTES COUNTY CODE, TITLE 4 Before the Board was adoption of Ordinance No. 95-012, repealing section 4.28 assignment of claims for appointed counsel, Title 4, revenue and finance, of Deschutes County Code, Title 4. Rick Isham reported this Chapter of the Deschutes County Code which was no longer applicable. SCHLANGEN: I move first and second reading of Ordinance No. 95-012, by title only. NIPPER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-012 by title only. SCHLANGEN: I move adoption of Ordinance No. 95-012. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES ADOPTION OF ORDINANCE NO. 95-007 AND 95-017, AMENDING COMPREHENSIVE PLAN AND TITLE 18 TO IMPLEMENT HOUSE BILL 3661 Before the Board was adoption of Ordinance No. 95-007 and 95- 017, amending Comprehensive Plan and Title 18 to implement House Bill 3661. Commissioner Nipper asked if this was being implemented to establish the legal lot of record status. George Read responded that was correct. Commissioner Nipper asked if we should wait until we find out the status of the land use laws that are pending before the legislature. George Read stated that any legislation that was passed would probably not be effective until 90 days after it was signed by the governor. This allows people that bought property before 1985 the right to get a dwelling without going through an ordeal. SCHLANGEN: I move first and second reading of Ordinance No. 95-007, by title only. MINUTES PAGE 8 MARCH 1, 1995 NIPPER: I'll second it. 0146-1248 VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-007, by title only. SCHLANGEN: I move adoption of Ordinance No. 95-007. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SCHLANGEN: I move first and second reading of Ordinance No. 95-017, by title only. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-017, by title only. SCHLANGEN: I move adoption of Ordinance No. 95-017 NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 7. ADOPTION OF THE KNAPP DECISION Before the Board was adoption of the Knapp decision. Bruce White reported this was the final written decision involving Indian Ford Creek. He explained there were two versions. One version allows for grazing and one does not. He felt that grazing was an allowable use in the grazing zone and it should not be restricted. He felt the Board should modify their decision by taking out condition #10 which covered grazing in the meadow. He also pointed out that each draft explained what was meant by minimum lot size. SCHLANGEN: I move that we approve the partition with the removal of condition #10 made by the Hearings MINUTES PAGE 9 MARCH 1, 1995 0140-1249 Officer and adopt the findings and decisions as written by Bruce White. SLAUGHTER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: ABSTAINED Commissioner Nipper did not vote on this issue as he was not a County Commissioner when the public hearing was held. 8. SIGNATURE OF ORDERS NO. 95-040 AND 95-041, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 95-040 and 95- 041, authorizing the refund of taxes. SCHLANGEN: I move signature of orders. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 9. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF $343,329.39 Before the Board was approval of the weekly accounts payable vouchers in the amount of $343,329.39. SCHLANGEN: I move approval upon review. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 10. APPOINTMENT OF VICKIE ALLEN TO THE LA PINE ECONOMIC DEVELOPMENT BOARD Before the Board was appointment of Vickie Allen to the La Pine Economic Development Board. SCHLANGEN: I move appointment of Vickie Allen to the La Pine Economic Development Board. NIPPER: I'll second that. MINUTES PAGE 10 MARCH 1, 1995 VOTE: SLAUGHTER: YES 0146-1?so SCHLANGEN: YES NIPPER: YES DATED this day of , 1995, by the Board of Commissioners of Deschutes tounty, Oregon. 3-�, �ef Barry H. Slaughter, thairman ATTEST: Recording Secretary ancy angein, Commi Rob rt L. Nipper, Cor&nlssioner MINUTES PAGE 11 MARCH 1, 1995