1995-36880-Minutes for Meeting September 27,1995 Recorded 10/20/199595-3655►
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MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS •; 37
Wednesday, September 27, 1995```
Chair Slaughter called the meeting to order at 10:02 a.m. County
Commissioners in present were Barry H. Slaughter, Nancy Pope
Schlangen, and Robert L. Nipper. Also in attendance was Rick
Isham, County Counsel; Mike Maier, County Administrator; Damian
Syrnyk, Planner; Bruce White, Assistant County Counsel; Kevin
Harrison, Planner; Brad Chalfant, Property Manager; Jerie Schutte,
Building Services; Ralph Delamarter, Librarian; and Sue Stoneman,
Community Relations Specialist.
CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY
SERVICE DISTRICT
1. SIGNATURE OF ORDER N0, 95-144, DECLARING THE RESULTS OF THE
BEND LIBRARY BOND ELECTION
Before the Board was signature of Order No. 95-0144, declaring
the results of the Bend Library Bond election.
SCHLANGEN: I would be delighted to move signature of
Order No. 95-144.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
2. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) signature of Intergovernmental Agreement with the
State of Oregon for the JOBS Program; 2) signature of Power
Line Easement for Central Electric Cooperative in Squaw Creek
Canyon Estates; 3) appointment of Larry Patterson to the
Deschutes County Public Safety Coordinating Council; 4)
signature of Final Plat to divide a 16 -acre parcel into three
parcels in Redmond; 5) signature of Final Plat for MP -95-12,
a partition to divide a 10 -acre parcel in an RL Zone; 6)
signature of liquor license renewal for Inn of the 7th
Mountain and Hot Peppers; 7) signature of mylar for Floyd
Acres Farm; and 8) approval of out-of-state travel for the
Public Works Department.
KE C. iED
1995
MINUTES -1- SEPTEMBER 27, 1995 2 3
',.f Vis• S �• h �t.j ,✓.s
3.
4.
0148-03383
NIPPER: I'll move approval of the consent agenda items
1-8.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Before the Board was a public hearing on the formation of the
Ponderosa Pines East Special Road District and signature of
Order No. 95-139.
Beverly Wilson reported there was a petition filed to form the
Ponderosa Pines East Special Road District. She stated the
petition included a proposed budget and tax base in the amount
of $4,500. An election would need to be held in May of 1996
approving the formation of the district and the tax base. A
second election would need to be held in September of 1996 to
levy the taxes.
Chair Slaughter opened the public hearing.
There being no testimony, the public hearing was closed.
NIPPER: I move the formation of the Ponderosa Pines
Special Road District and signature of Order
No. 95-139.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF INTERNET INFRASTRUCTURE MATCHING GRANT
APPLICATION FOR THE LIBRARY
Before the Board was signature of an Internet Infrastructure
Matching Grant application for the library.
Ralph Delamarter reported the grant was in the amount of
$10,000 and ready for signature.
NIPPER: I'll move signature of the Internet
Infrastructure Matching Grant application for
the library.
MINUTES -2- SEPTEMBER 27, 1995
5.
6.
7.
O S—Co'b
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF RESOLUTION NO. 95-127, PROCLAIMING OCTOBER 1-7,
1995, AS NATIONAL HOUSING WEEK
Before the Board was signature of Resolution No. 95-127,
proclaiming October 1-7, 1995, as National Housing Week.
SCHLANGEN: I move signature of 95-127.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF ORDERS NO. 95-123 AND 95-124, AUTHORIZING THE
REFUND OF TAXES
Before the Board was signature of Orders No. 95-123 and 95-
124, authorizing the refund of taxes.
SCHLANGEN: I move signature of Orders No. 95-123 and 95-
124.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DECISION: ON A-95-15, AN APPEAL OF THE HEARINGS OFFICER'S
DECISION ON PA-95-1/ZC-95-1 FOR KORISH
Before the Board was a decision on A-95-15, an appeal of
Hearings Officer's decision on PA-95-1/ZC-95-1 for Korish.
Commissioner Schlangen asked if 52% of the RM zoned land was
not developed. Damian stated there was testimony in the
record from Paul Speck which stated there was 53% of the
undeveloped land in the RM Zone that was vacant.
Bruce White stated that as the Board was aware, the tape from
the public hearing regarding this issue did not record. There
are minutes from the notes that were taken. He requested the
Board review the minutes.
MINUTES -3- SEPTEMBER 27, 1995
0148-0385
Bruce White stated that Mr. Massey would probably make a
procedural objection. Commissioner Nipper asked if this
objection was because we did not have a tape from the hearing.
Bruce White stated that was correct.
SCHLANGEN: I will move approval of minutes from the
appeal of A-95-15 that was heard on September
12, 1995.
NIPPER: Second.
Jim Massey, representing the applicant, stated this was a
procedural objection because there was no tape from the
hearing.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Bruce White stated that Commissioner Schlangen had asked a
question regarding need. He had looked at it and that issue
was covered in the plan amendment. He stated the need or
benefit of change had to be demonstrated. He felt there had
been a change in conditions with respect to the sewer. The
Board would need to decide whether there was a public need and
benefit for the change.
Commissioner Schlangen felt the need was not shown by the
applicant. She felt the sewer was closer, the roads were
adequate and the water issue had been answered to her
satisfaction but she didn't feel the need had been shown.
Commissioner Nipper stated he had struggled with this one. He
stated the whole purpose of urban growth boundaries was to try
to set up densities consistent with growth so that we don't
end up with urban sprawl. I agree with Nancy in that this
does not conform with the comprehensive plan. He stated he
had heard one of the applicants legal counsel say that the
applicant would go along with RS Zoning. Commissioner Nipper
stated he did not see RS Zoning as an adverse impact.
Commissioner Nipper's recommendation was to grant an RS Zoning
for that area. He felt it would improve property values in
that area as opposed to the adverse impacts of the RM Zone.
Commissioner Slaughter stated he felt the area was mainly RS
or RL which included duplexes and single family dwellings. He
felt the best use would be to rezone it RS. At this time he
felt there should be no rezoning. He felt the sewer was close
but not there yet and the water system was adequate. He was
for leaving it the way it was or rezoning it to RS.
MINUTES -4- SEPTEMBER 27, 1995
M
9.
10.
Commissioner Schlangen asked if a resolution of intent would
help solve some of these issues.
Bruce White reported that a resolution of intent does not
necessarily have any bearing on whether the land was RS or RM.
SCHLANGEN: I move that we uphold the Hearings Officer's
decision of denial because the burden of proof
of change of circumstances had not been shown
and the demonstration of public need and
benefit was not shown connected to the change
of circumstances.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
U a TOWN • F34i •z_ - • .
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $351,046.28.
NIPPER: I'll move approval subject to our review.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF FINAL PLAT FOR PHASE IV -H IN BROKEN TOP
Before the Board was signature of a final plat for Phase IV -H
in Broken Top.
SCHLANGEN: I move signature of plat.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF AGREEMENT WITH THE SISTERS SCHOOL DISTRICT FOR
INSPECTION OF THE FOOD SERVICE FACILITIES
Before the Board was signature of an agreement with the
Sisters School District for inspection of the food service
facilities.
MINUTES -5- SEPTEMBER 27, 1995
SCHLANGEN: I move signature of agreement with the Sisters
School District.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
11. SIGNATURE OF CONTRACT WITH EAGLE ROOFING REGARDING DESCHUTES
SERVICES BUILDING
Before the Board was signature of a contract with Eagle
Roofing regarding the Deschutes Services Building.
SCHLANGEN: I move signature of contract with Eagle
Roofing.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DATED this _,2!Z_ day of , 1995 by the Board of
Commissioners of Deschutes ounty, Oregon.
/moi
ATTEST:
Recording Secre ary
MINUTES -6- SEPTEMBER 27, 1995