1995-29737-Minutes for Meeting July 12,1995 Recorded 8/22/199595~29737 0147-1166
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
July 12, 1995;!'
Chairman Slaughter called the meeting to order at 10 a'mi
members in attendance were: Barry H. Slaughter, Nancy-1,P6lie
Schlangen and Robert Nipper. Also present were: Rick Isham,
County Counsel; Mike Maier, County Administrator; Ralph Delamarter,
Librarian; Damian Syrnyk, Planner; Larry Rice, Public Works
Director; Dave Leslie, Planner; Sue Stoneman, Community Relations
Specialist; Brad Chalfant, Property Manager; Andy Crosby, Assistant
County Counsel; Sue Brewster, Assistant County Counsel; Bruce
White, Assistant County Counsel; and George Read, Community
Development Director.
1. PUBLIC HEARING: ON ORDINANCE NO. 95-041, 95-042 AND 95-043
SURFACE MINING ZONE MAP AND COMPREHENSIVE PLAN AMENDMENTS FOR
CERTAIN PROPERTY ZONED EFU
Before the Board was a public hearing on Ordinance No. 95-041,
Ordinance 95-042 and Ordinance 95-043 Surface Mining Zone Map
and Comprehensive Plan Amendments for certain property zoned
EFU.
Dave Leslie reviewed each ordinance with attached exhibits and
answered questions of the Board. Hearings officer has
recommended approval.
Chairman Slaughter opened the public hearing. There being no
public testimony, the hearing was closed.
SCHLANGEN: I move first and second reading of Ordinance
95-041, 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. 95-041, by title only.
SCHLANGEN: I move adoption of Ordinance No. 95-041.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SCHLANGEN: I move first and second reading by title only
of Ordinance 95-042.
L .G3`_' .` 1995
NIPPER: I'll second. 414-1161
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Slaughter performed the first and second reading of
Ordinance No. 95-042 by title only.
SCHLANGEN: I move adoption of Ordinance No. 95-042.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SCHLANGEN: I move first and second reading by title only
of Ordinance 95-043.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Slaughter performed the first and second reading of
Ordinance 95-043 by title only.
SCHLANGEN: I move adoption of Ordinance No. 95-043.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
2. PUBLIC HEARING: ON ORDINANCES NO. 95-044 AND 95-046 TO AMEND
THE DESCHUTES COUNTY COMPREHENSIVE PLAN AND ORDINANCE TO
PERMIT MICROWAVE AND RADIO TOWERS IN THE SM ZONE
Before the Board was a public hearing on Ordinance No. 95-044
and Ordinance No. 95-046 amending the Deschutes County
Comprehensive Plan, and Ordinance to permit microwave and
radio towers in the SM Zone.
Damian Syrnyk was present to answer questions.
Chair Slaughter opened the public hearing.
Kevin Martin, Land Use Coordinator for AT&T Wireless Services
in Portland was present representing Central Oregon Cellular,
MINUTES PAGE 2 JULY 12, 1995
014'7-1168
Inc. dba Celluar One requested changes to ordinances and
appeared to answer questions of the Board.
There being no further testimony, the hearing was closed.
SCHLANGEN: I move first and second reading by title only
of Ordinance 95-044.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Slaughter performed the first and second reading of
Ordinance No. 95-044, by title only.
SCHLANGEN: I move adoption of Ordinance 95-044.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SCHLANGEN: I move first and second reading by title only
of Ordinance 95-046.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Slaughter performed the first and second reading of
Ordinance No. 95-046, by title only.
SCHLANGEN:
NIPPER:
VOTE:
3. CONSENT AGENDA:
I move adoption of Ordinance 95-046.
I'll second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Consent agenda items before the Board of County Commissioners
were: 1) signature of Amendment to Bend Recycling Team
contract, 2) signature of Resolution No. 95-093 initiating
River Woods Road and Lakeview Drive Local Improvement
District, 3) approval of Oregon State Library Grant Award
MINUTES PAGE 3 JULY 12, 1995
4.
0147--1169
Modification request, 4) approval of out-of-state travel for
Florence Torrigino, 5) signature of Plat for the Greens at
Redmond First Phase, for 53 lots in Redmond UGB, 6)
signature of Resolution No. 95-108, rescinding an order dated
April 15, 1980, 7) signature of Personal Service Contracts for
Karen Green and Chris Eck, and 8) signature of Letter of
Understanding with Conservation for Central Oregon, Inc. for
funding of structural improvements to the Knott Recycling
Facility.
SCHLANGEN: I move for approval of the consent agenda
items 1-8.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF ORDINANCE NO. 95-040, ZONE CHANGE OF CERTAIN
PROPERTY FROM SM TO UAR-10
Before the Board was signature of Ordinance No. 95-040, zone
change of certain property from SM to UAR-10.
Dave Leslie indicated to the Board that this property has not
been inventoried in the rural parts of the county for twenty
year projections. This change corrects a zoning in the 1980's
that was in error.
NIPPER: I move first and second reading of Ordinance
No. 95-040, by title only.
SCHLANGEN: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Slaughter performed first and second reading of
Ordinance No. 95-040, by title only.
SCHLANGEN: I move adoption of Ordinance No. 95-040.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
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0147-1170
5. SIGNATURE OF RESOLUTION NO. 95-107, GIFT FROM THOMPSON TRUST
TO REDMOND LIBRARY
Before the Board was signature of Resolution No. 95-107,
authorizing the Deschutes County Librarian to accept a gift
and acknowledge receipt thereof, on behalf of the Redmond
Library.
SCHLANGEN: I move signature of Resolution 95-107.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
6. AUTHORIZATION TO PURCHASE COST ACCOUNTING SYSTEM BY PUBLIC
WORKS DEPARTMENT
Larry Rice answered questions of the Board. The contact had
been changed in structure and organization to conform with
legal counsel's requirement and conform to the insurance
requirements of staff. A copy of the contract was also being
reviewed by the county's auditing firm.
SCHLANGEN: I move authorization upon review of cost
accounting system for Public Works Department.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Commissioner Nipper asked Larry Rice about a request for
training of two employees at GIS seminar.
7. SIGNATURE OF CONDITIONS OF APPROVAL AGREEMENT FOR FORREST AND
SAUCHA FRIEDRICH SP -95-27
Before the Board was signature of Conditions of Approval
Agreement for Forrest and Saucha Friedrich - SP -95-27.
Damian Syrnyk was present and reviewed the request for the
Board.
SCHLANGEN: I move signature of conditions of approval
agreement for Forrest and Saucha Friedrich.
NIPPER: I'll second it.
MINUTES PAGE 5 JULY 12, 1995
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
(1147-°1.171
8. SIGNATURE OF RESOLUTION NO. AMENDING DESCHUTES COUNTY FEE
SCHEDULE FOR 1995-96
Sue Brewster reported that this amendment allows the Deschutes
County Code Book to be sold separately (volume 1 and volume 2 )
rather than the requirement to purchase the entire document.
Most people wanted the land use information.
NIPPER: I move approval of Resolution No. 95-101.
SCHLANGEN: I'll second
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
9. SIGNATURE OF RESOLUTION NO. 95-109 SETTING PUBLIC HEARING FOR
AN EXCHANGE OF REAL PROPERTY
Before the Board was signature of Resolution No. 95-109,
setting a public hearing for an exchange of real property.
SCHLANGEN: I move to approve Resolution No. 95-109,
setting public hearing for an exchange of real
property
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
10. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
in the amount of $598,681.79.
SCHLANGEN: I move approval of weekly accounts payable
vouchers in the amount of $598,681.79 upon
review.
NIPPER:
VOTE:
I'll second it.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES PAGE 6 JULY 12, 1995
Y
017-1172
11. SIGNATURE OF MYLAR FOR PARTITION PLAT NO. RMP 95-0-
Before the Board was signature of a mylar for partition plat
No. RMP 95-01.
SCHLANGEN: I move signature of mylar for Partition Plat
No. RMP 95-01
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
12. SIGNATURE ON CONDITION OF APPROVAL AGREEMENT FOR MERRILL
HADDON OF AQUATRONICS
Before the Board was signature of a Condition of Approval
Agreement for Merrill Haddon of Aquatronics.
NIPPER: I move signature on Condition of Approval
Agreement for Merrill Haddon of Aquatronics
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
13. SIGNATURE OF LIQUOR LICENSE RENEWAL FOR MT. BACHELOR, INC.,
SUNRISE LODGE
Before the Board was signature of a liquor license renewal for
Mt. Bachelor, Inc. for Sunrise Lodge.
NIPPER: I move signature of liquor license renewal for
Mt. Bachelor, Inc., Sunrise Lodge.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
14. REAPPOINTMENT OF BILL MAYFIELD AND KEN JOHNSON TO DESCHUTES
COUNTY FAIR BOARD
Before the Board was reappointment of Bill Mayfield and Ken
Johnson to Deschutes County Fair Board.
SCHLANGEN: I move reappointment of Bill Mayfield and Ken
Johnson to Deschutes County Fair Board.
MINUTES PAGE 7 JULY 12, 1995
0147-1173
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
The meeting was recessed until 11:00 a.m. for the scheduled public
hearing.
15. PUBLIC HEARING: AN APPEAL OF THE DESCHUTES COUNTY HEARINGS
OFFICER'S APPROVAL OF APPLICATION CU -95-2 SUBMITTED BY MADSEN
Before the Board an appeal of the Deschutes County Hearings
officer's approval of application CU -95-2.
Brian Harrington reviewed the procedure for the Board members.
Chair Slaughter opened the hearing and asked that those
testifying limit their remarks to five minutes each.
Brian Harrington made a brief statement referencing the
original hearing. The applicants have requested approval of
a non-farm dwelling on a 6.53 acre parcel located on Tweed
Road. There was no irrigation on property, no evidence of
farm use, and an old pond on the property had not been used
for considerable time. The staff felt the applicant had met
the county's criteria for building on this property.
Greg Hendrix, representing Kathy DeHaven owner of property,
reviewed the case. Since both the staff and hearings officer
approved the application and farmers and neighbors in the area
had supported their application and stated it would not affect
the adjacent farm uses, he suggested that the Board deny the
appeal and approve the application.
Mr. Don Madsen, applicant, confirmed the feeling that the
property was not suitable for farm use. He had the support of
neighboring farms.
David Bouchar abuts this property and agreed with everything
said today. He felt it would increase the value of the
property rather than decrease it.
Meyer Avedovech, attorney in Bend represented Ernie Block, who
filed the appeal. He presented the Board with a packet of
material relative to his client's objection. His client was
concerned about the location of the drain field which was
within 15 feet of public road. He also felt this property
could be used for raising exotic animals, therefore it could
be identified as farm land. No one addressed the possibility
of raising exotic animals on this property - just cattle. His
MINUTES PAGE 8 JULY 12, 1995
0147-11"A
client was also concerned about a dedicated easement that
might lead to the subdividing of the property.
Mr. Ernie Block, property owner adjacent to the applicant's
property, felt very strongly that this property should not be
allowed to be built on. He stated he was keeping his property
for wildlife. Part of the adjacent property was irrigated and
property across the street was designated as wildlife refuge.
Bruce White had questions of Mr. Avedovech. He felt the focus
needed to lie in the issue that the application was for that
portion of the parcel that was not suitable for farm use and
not the entire parcel. He also addressed the issue of the
location of the drain field not being a consideration at this
time.
Greg Hendrix responded to the opponent's concerns: the septic
situation was not a responsibility of the board. The issue
was whether the site of the house was suitable for farm use.
He felt that the applicant met the criteria very well. Also
in reference to the easement, he felt this 6.53 acres would
not create many 20 acre parcels.
Brian Harrington indicated this area was not designated as
wildlife area by the county and did not lie in the wildlife
zone.
There being no further testimony, the hearing was closed.
Commissioner Nipper saw this land as being unproductive and
the applicant should be able to build on this site.
Commissioner Schlangen supported the hearings officer's
findings and supports this application.
Chair Slaughter also supported the hearings officers findings.
SCHLANGEN: I move that the Board uphold the hearings
officer's decision.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Slaughter recessed the meeting until 3:45 p.m. this afternoon
for executive session.
MINUTES PAGE 9 JULY 12, 1995
U14'7-11 f 5
DATED this a day of , 1995, by the
Board of Commissioners of Deschute Cou ty, Oregon.
Barry H. S aughter, thairman
7
ancy Po Scl4angen, Commiss' ner
ATTEST:
Recording Secr tart' R ert L. Nipper, CoWmkissioner
MINUTES PAGE 10 JULY 12, 1995