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1996-00665-Minutes for Meeting November 29,1995 Recorded 1/5/1996(7) Cn MINUTES 01 494 G'(ft DESCHUTES COUNTY BOARD OF COMMISSIONERS `' (" November 29, 1995 Acting Chair Nancy Pope Schlangen called the meeting to order at 10:00 a.m. County Commissioners present were Nancy Pope Schlangen and Robert L. Nipper. Also in attendance were Rick Isham, County Counsel; Tom Blust, County Engineer; Paul Blikstad, Planner; Jerie Schutte, Building Services; Sue Stoneman, Community Relations Specialist; George Read, Community Development Director; Mike Maier, County Administrator; Bruce White, Assistant County Counsel; Kevin Harrison, Planner; and Sue Brewster, Assistant County Counsel. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION SERVICE DISTRICT 1. APPROVAL OF ACCOUNTS PAYABLE FOR 4-H/EX'T'ENSION Before the Governing Body was approval of the accounts payable for 4-H/Extension Service District in the amount of $264.25. NIPPER: I move approval of the accounts payable vouchers for 4-H/Extension subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES CONVENE WAS THE GOVERNING BODY OF THE DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT Before the Board was approval of the weekly accounts payable vouchers for Deschutes County 9-1-1 County Service District in the amount of $20,751.95. NIPPER: I move approval vouchers for the upon review. SCHLANGEN: Second. MINUTES 1 NOVEMBER 29, 1995 of the weekly accounts payable 9-1-1 County Service District M 4. VOTE: SCHLANGEN: YES 0149-0302 SLAUGHTER: EXCUSED 1 �+ NIPPER: YES CONVENE AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE REDMOND LIBRARY COUNTY SERVICE DISTRICT Before the Board was approval of the weekly accounts payable vouchers for the Redmond Library County Service District. NIPPER: I move approval subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: (1) signature of Resolution No. 95-147, appointing Lt. Greg Brown as Project Director for Deschutes County Public Safety Project and approving expenditures of funds from Sheriff's Levy for public safety construction process with repayment from Construction Fund after sale of bonds; (2) signature of Resolution No. 95-148, establishing a Public Safety Project Fund; (3) signature of Resolution No. 95-149, authorizing purchase of land adjacent to Public Safety Facility site; (4) signature of Sublease Agreement for PageNet of Oregon on Awbrey Butte Transmission Site; (5) signature of Conservation Agreement as a condition of approval for Terry & Bonnie Lenke; and (6) signature of Conditions of Approval Agreement for Willamette Greystone. NIPPER: SCHLANGEN: VOTE: MINUTES 2 I move approval of the consent agenda. Second. SCHLANGEN: SLAUGHTER: NIPPER: NOVEMBER 29, 1995 YES EXCUSED YES 5. 6. 0149-0303 PUBLIC HEARING ON ORDER NO 95-137, VACATING PUBLIC PROPERTY IN TOWNSHIP 17 SOUTH, RANGE 12 EAST, IN DESCHUTES COUNTY Before the Board was a public hearing on Order No. 95-137, vacating public property in Township 17 South, Range 12 East, in Deschutes County. Acting Chair Nancy Pope Schlangen opened the public hearing. Patrick Giesler testified that conveyed to the public because going to go. The street was south. Now he would like the to them. the original right-of-way was that was where the street was actually placed about 1/4 mile original right-of-way returned There being no further testimony, Chair Schlangen closed the public hearing. NIPPER: I move signature of Order No. 95-137, vacating public property in Township 17 South, Range 12 East, in Deschutes County. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES PUBLIC HEARING ON PLAN AMENDMENT TO AMEND PLAN DESIGNATION FROM AGRICULTURE TO RURAL RESIDENTIAL AND ZONE CHANGE FROM EFU-TRB TO MUA-10 Before the Board was a public hearing on a plan amendment to amend plan designation from Agriculture to Rural Residential and a zone change from EFU-TRB to MUA-10. Paul Blikstad reported the He amendment and zone change. that the Board approved the p a resolution of intent to subject to the applicant standards of at least 20 feet proposed zone change with the in this matter. arings Officer approved the plan The Hearings Officer recommended lan amendment and the Board adopt rezone from EFU-TRB to MUA-10, improving Hunnel Road to the wide. He reviewed the map of the Board and reviewed the criteria Paul Blikstad stated there appeared to have been a mistake in the zoning of the subject property in 1979. The proposed exception area had the same tax lot configuration as was shown on the current map. The small lot sizes combined with the poor soil on the property should have been zoned MUA-10. It was unclear as to why the larger parcels near the exception area were all zoned MUA-10, while the subject property with MINUTES 3 NOVEMBER 29, 1995 0:49-0304 the same general small lot size and poor soil was zoned EFU. He felt the small parcels in this area should have been zoned MUA-10. It was unclear as to the larger parcels were zoned MUA-10. Rick Isham expressed concern regarding an offsite improvement when the zoning does not change the actual use of the property. He stated Bruce White had expressed concern about the findings of the Hearings Officer not being sufficiently detailed to uphold a plan amendment and zone change. Acting Chair Nancy Pope Schlangen asked for disclosure from the Commissioners for any prehearing contact in this matter. Both Commissioners reported have no prehearing contact. Chair Schlangen also asked audience members if they felt any member of the Board of Commissioners should be challenged with bias or inability to make a fair decision in this matter. No challenge was made from the public. Acting Chair Nancy Pope Schlangen opened the public hearing. Bruce White stated the issue was that if the surrounding areas had been committed in such a way that made the exception area irrevocably committed. The goal allows nonfarm uses. He stated there may be uses allowed under Goal 3 for which the land was practicable. Sharon Smith, on behalf of the applicants, felt this had been a mistake. When the applicant Sharon Smith spoke with the Division of State Lands, they felt this piece of property should not be EFU zoned and they did not have a problem with a zone change. She stated there had been no opposition to this zone change. Gale Lowe, the applicants son, felt there was a mistake made in 1979. He stated his mother was having a road built to county standards. They would like to get this done during the winter. He expressed concern about upgrading a road to county standards for $50,000 and then not having it approved. Written record will remain open and the Public Hearing will be continued December 13, 1995, at the 10 a.m. Board Meeting. 7. ADOPTION OF ORDINANCE NO 95-075, AMENDING TITLE 18, COUNTY ZONING, OF THE DESCHUTES COUNTY CODE Before the Board was adoption of Ordinance No. 95-075, amending Title 18, County Zoning, of the Deschutes County Code. NIPPER: I move first and second reading by title only of Ordinance No. 95-075, amending Title 18. MINUTES 4 NOVEMBER 29, 1995 �-p M SCHLANGEN: Second the motion. 0149-0305 VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES Chair Schlangen performed the first and second reading of Ordinance No. 95-075, by title only. NIPPER: I move adoption of Ordinance No. 95-075. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES SIGNATURE OF CONTRACT WITH BARBER, BARRETT & TURNER FOR THE NEW COMMUNITY DEVELOPMENT DEPARTMENT BUILDING Before the Board was signature of a contract with Barber, Barrett & Turner for the new Community Development Department Building. Rick reported this was the contract for the addition to the administration building. NIPPER: I'll move signature of the contract with Barber, Barrett & Turner for the new Community Development building. SCHLANGEN: I will second it reluctantly. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $273,878.35. NIPPER: I move approval subject to review. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES MINUTES 5 NOVEMBER 29, 1995 0149-0306 10. SIGNATURE OF ORDER NO. 95-153, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 95-153, authorizing the refund of taxes. NIPPER: I move signature of Order No. 95-153. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES 11. SIGNATURE OF EXTENSION OF PERMIT FOR RIVER MEADOWS Before the Board was signature of an extension of a permit for River Meadows subdivision. Michael Peterkin, representing the homeowners of River Meadows subdivision, stated an agreement had been reached. There had been numerous problems with this subdivision because a Mr. Church was killed in an automobile accident. There were not sufficient funds for completion of this development. The homeowners sued the developer to force compliance. The developer cannot sell any lots, as all money from lots has to be placed in an account, and they have a first trust deed on the property. In other words the developer has to do what he had promised to do. The problem with this subdivision was that the permit expires December 9, 1995. He was requesting the extension of the subdivision permit. If there was an improvement agreement, that would take care of it. He suggested other security that would be acceptable to county legal counsel. They have money in the bank earmarked for development, lots are already platted, accounts receivable and all the other lots as security. Rick stated the County had received a copy of the settlement agreement. He felt that an extension should be limited. Rick stated that a one year extension was standard under the ordinance. Mr. Peterkin stated that a one year extension was not necessary. He felt that 90 to 120 days would be enough time. Rick Isham stated this item should be put back on the agenda on December 6, 1995. MINUTES 6 NOVEMBER 29, 1995 12. 13. 14. 15. 0149-0307 SIGNATURE OF ORDER NO 95-172, DIRECTING COUNTY TREASURER TO RELEASE RETAINAGE FUNDS TO OUADE COMMERCIAL CONSTRUCTION Before the Board was .signature of Order No. 95-172, directing the County Treasurer to release retainage funds to Quade Commercial Construction Company. NIPPER: I move signature of Order No. 95-172. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES SIGNATURE OF CONDITIONS OF APPROVAL AGREEMENT FOR ROBERT OBORNE FOR SP -95-70 Before the Board was signature of a Conditions of Approval Agreement for Robert Oborne for SP -95-70. NIPPER: I move signature of the Conditions of Approval Agreement. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES Before the Board was signature of Resolution No. 95-150, providing for the issuance of reimbursement bonds. NIPPER: I move signature of Resolution No. 95-150, providing for the issuance of reimbursement bonds. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES SIGNATURE OF RESOLUTION NO 95-151, DELEGATING SIGNATURE AUTHORITY TO COMMUNITY DEVELOPMENT DIRECTOR Before the Board was signature of Resolution No. 95-151, delegating certain signature authority to the Community Development Director. MINUTES 7 NOVEMBER 29, 1995 George Read, Community Development Director, was delegated the authority to sign on behalf of the County the following agreements: (1) Condition of Approval Agreements; (2) Forest Management Agreements and Easements; (3) Conservation Agreements; (4) Waiver of Remonstrances; (5) grant applications and agreements up to $50,000; (6) Financial Segregation Agreements; (7) Improvement Agreements; (8) leases and licenses where the annual consideration does not exceed $50,000 per annum; and (9) other routine and recurring agreements authorized or required by reason of the Deschutes County Code or a land use permit. NIPPER: I move signature of Resolution No. 95-151. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES DATED this 29th day of November, 1995, by the Board of Commissioners of Deschutes County. Ba;ry H. Slaughter, C11airman Nancy ssioner AT T: I v U Recording Secre ary Ro20rt L. Nipper, mmissioner MINUTES 8 NOVEMBER 29, 1995