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1996-04803-Minutes for Meeting December 13,1995 Recorded 2/1/199696-04803 611 MINUTES .. a DESCHUTES COUNTY BOARD OF COMMISSIONERS December 13, 1995 Chair Barry H. Slaughter called the meeting to order at 1(:14 �A%m. County Commissioners present were Barry H. Slaughter, Na'n'cy Pope Schlangen and Robert L. Nipper. Also in attendance were Mike Maier, County Administrator; Cal Krosch, 9-1-1 Director; Dave Leslie, Planner; Rick Isham, County Counsel; George Read, Community Development Director; Paul Blikstad, Planner; Ralph Delamarter, Librarian; Bruce White, Assistant County Counsel; Sue Stoneman, Community Relations Specialist; Brian Harrington, Planner; and Steve Jorgensen, Planner. CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT 1. SIGNATURE OF RESOLUTION NO 95-154, AUTHORIZING THE SALE OF THE RISC 6000 COMPUTERS Before the Board was signature of Resolution No. 95-154, authorizing the sale of the RISC 6000 Computers. SCHLANGEN: I would make a motion for signature of Resolution No. 95-154, authorizing the sale of the RISC 6000. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 2. APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE DESCHUTES COUNTY 9-1-1 SERVICE DISTRICT Before the Board was approval of the weekly accounts payable vouchers for the Deschutes County 9-1-1 Service District in the amount of $7,839.73. NIPPER: I'll move approval of the accounts payable voucher for the Deschutes County 9-1-1 Service District upon review $7,839.73. SCHILNGEN: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 1 DECEMBER 13, 1995 3. 4. 5. 0149 `C C CONVENE AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY SERVICE DISTRICT SIGNATURE OF PACIFIC POWER'S ELECTRIC SERVICE CONTRACT FOR THE REDMOND LIBRARY COUNTY SERVICE DISTRICT Before the Board was signature of Pacific Power's electric service contract for the Redmond Library County Service District. NIPPER: I'll move signature of the Pacific Power electric service contract for the Redmond Library County Service District. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 4- H/EXTENSION SERVICE DISTRICT APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHER FOR 4- H/EXTENSION Before the Board was approval of the weekly accounts payable vouchers for the 4-H/Extension Service District in the amount of $632.98. SCHLANGEN: I move approval on review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: (1) signature of Order No. 95-161, vacating a portion of Snow Creek Lane; (2) approval of continuation of Contract with J Bar J Youth Services for the Youth Investment Level 7 Funds; (3) approval to fund projects in La Pine, Redmond, and Sisters with The Title B4 Funds; (4) signature of final Partition Plat for Lorelei Lewis and Barb Myers; (5) reappointment of Kathy Boni, Stuart Garrett, Cal Krosch, Ruth Wahl, and Walter Rietz and appoint Cal Krosch as the Chair of the Commission on Children & Families; (6) signature of Order No. 95-171, MINUTES 2 DECEMBER 13, 1995 H. 0149-CC44 assigning the name of Abbott House Lane; (7) reappointment of Phyllis Downey to the Lazy River Special Road District; (8) signature of mylar for Business Way Condos; (9) signature of Final Plat for a 3 -lot partition of property owned by KLASS Development; and (10) agency Report Regarding Newberry Geothermal Pilot Project. SCHLANGEN: I move approval of consent agenda items 1 through 10. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES PUBLIC HEARING ON PROPOSED ORDINANCE NO 95-071, AN ORDINANCE AMENDING TITLE 22, THE DEVELOPMENT PROCEDURES ORDINANCE Before the Board was a public hearing on proposed Ordinance No. 95-071, an ordinance amending Title 22, the Development Procedures Ordinance. George Read reviewed the proposed changes with the Board. He had received one letter regarding the proposed changes. Chair Slaughter opened the public hearing. Fran Franklin testified that there should be further changes in this ordinance. There being no further testimony, the public hearing was closed. SCHLANGEN: I would like to move first and second reading of Ordinance No. 95-071, by title only, which was amending Title 22, the Development Procedures Ordinance. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-071, by title only. NIPPER: I move adoption. SCHLANGEN: Second. MINUTES 3 DECEMBER 13, 1995 VOTE: SCHLANGEN: YES 0149- SLAUGHTER: YES NIPPER: YES SCHLANGEN: I move we send the recommendation for notice to the Planning Commission for review. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 7. PUBLIC HEARING TO CONSIDER REMAND FROM LAND USE BOARD OF APPEAL REGARDING SP -93-127, SURFACE MINING SITE PLAN FOR CASCADE PUMICE Before the Board was a public hearing to consider a remand from the Land Use Board of Appeals regarding SP -93-127, surface mining Site Plan for Cascade Pumice. Dave Leslie reported a settle agreement was reached through mediation. He stated the replacement decision was ready for Board signature and it meets the remand order from LUBA. This brings closure to this issue. The writ of mandamus and the remand will be dismissed. Bruce White stated there were additional documents being placed in the record at this time. Bruce listed the changes made in the decision document. Chair Slaughter opened the public hearing. Sharon Smith, attorney for Cascade Pumice, stated she had thoroughly reviewed the revised decision and she was very pleased with the results. Dugan Pearsall, Cascade Pumice, wanted to thank the county staff and the neighbors for working so hard to bring this to conclusion. Susanna Harrison, on behalf of all of the neighbors, wanted to say thank you and stated that they would keep working together. Susanna Harrison stated the neighbors had reviewed the decision and it was correct. They were please with it. SCHLANGEN: I move approval of the replacement decision. NIPPER: I would second that. MINUTES 4 DECEMBER 13, 1995 0149 -06, - VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 8. CONTINUED PUBLIC HEARING ON A 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 continued Public Hearing on a Plan Amendment to Amend Plan Designation from Agriculture to Rural Residential and zone change from EFU-TRB to MUA-10. Paul Blikstad stated there was a revised proposed findings of fact. Staff recommends approval. Bruce White stated that if the Board was inclined to approve it. A resolution of intent would be approved to change the plan designation and zone change. SCHLANGEN: I make a motion to approve a resolution of intent to change the plan designation and zone change and ask staff to put together the findings. NIPPER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 9. PUBLIC HEARING ON ORDINANCE NO 95-076, AMENDING PL -18, THE REDMOND URBAN AREA COMPREHENSIVE PLAN AND ORDINANCE NO. 95- 082, AMENDING TITLE 20 THE REDMOND URBAN AREA ZONING ORDINANCE Before the Board was a public hearing on Ordinance No. 95-076, amending PL -18, the Redmond Urban Area Comprehensive Plan and Ordinance No. 95-082, amending Title 20, the Redmond Urban Area Zoning Ordinance. Steve Jorgenson reported there were a few changes and reviewed these with the Board. Bruce White reviewed changes in Ordinance No. 95-082 with the Board. Chair Slaughter opened the public hearing. There being no testimony, the public hearing was closed. MINUTES 5 DECEMBER 13, 1995 0149 -CCS';' SCHLANGEN: I move first and second reading, by title only, of Ordinance No. 95-076, which was amending PL -181 the Redmond Urban Area Comprehensive Plan. NIPPER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-076, by title only. SCHLANGEN: I move adoption of Ordinance No. 95-076. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES SCHLANGEN: I move first and second reading of Ordinance No. 95-082, by title only, amending Title 20 of the Redmond Urban Area Zoning Ordinance. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-082, by title only. SCHLANGEN: I move adoption of Ordinance No. 95-082. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 10. PUBLIC HEARING ON A-95-20, AN APPEAL OF THE HEARINGS OFFICER'S DECISION ON SP -95-60 FOR THE CHURCH OF THE LATTER DAY SAINTS Before the Board was a public hearing on A-95-20, an appeal of the Hearings Officer's decision on SP -95-60 for the Church of the Latter Day Saints. Bruce White reported this was a review on the record of the appeal filed by the neighbors. He stated he had received a MINUTES 6 DECEMBER 13, 1995 11. 12. 0149-06,"'1 copy of legal arguments on the behalf of the neighbors from Dan Van Vactor. Bruce White stated there were some letters received from neighbors. There were letters from Ed Sink and his wife and the Holmes in objection to the process. The applicants and the neighbors are hoping that this issue would be worked out with reference to the site plan. There was a possible pending resolution between the applicant and the neighbors. He recommended that this issue be postponed for one week to see if this could be worked out and then the Board could see if they could get there legally. Chair Slaughter opened the public hearing and continue it to Wednesday, December 20, 1995, at 10 a.m. SIGNATURE OF DISCLAIMER FOR TERRILL LAND DISPUTE Before the Board was signature of a disclaimer for the Terrill Land Dispute. Rick Isham reported there was a copy of a letter from Paul Speck included in the Board's packet. He stated that three of the parties listed on the deed were going to receive the funds from the land sale contract. The other parties were disclaiming interest. NIPPER: I'll move signature of the disclaimer for the Terrill Land Dispute. SCHLANGEN: I second that motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES pt Zilopf an "a Before the Board was signature of Order No. 95-167, authorizing the refund of taxes. SCHLANGEN: I move signature of Order No. 95-167. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 7 DECEMBER 13, 1995 13. SIGNATURE OF PACIFIC POWER CONTRACT FOR THE REDMOND LIBRARY COUNTY SERVICE DISTRICT Before the Board was signature of a Pacific Power Contract for the Redmond Library County Service District. SCHLANGEN: NIPPER: VOTE: I move signature. Second. SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 14. SIGNATURE OF MAINTENANCE AGREEMENT BETWEEN AMERITECH LIBRARY SERVICES AND DESCHUTES COUNTY LIBRARY Before the Board was signature of a Maintenance Agreement between Ameritech Library Services and Deschutes County Library. SCHLANGEN: I move signature of Agreement. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 15. APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $293,351.46. NIPPER: I move approval subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 16. SIGNATURE OF FINAL PLAT FOR SUNRIDGE, PHASE II, 14 -LOTS IN THE RR -10 ZONE Before the Board was signature of a final plat for Sunridge, Phase II, 14 -lots in the RR -10 Zone. SCHLANGEN: I move signature. NIPPER: Second. MINUTES 8 DECEMBER 13, 1995 VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 17. SIGNATURE OF ORDER NO 95-175, TRANSFERRING CASH WITHIN THE 1995/96 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 95-175, transferring cash within the 1995/96 Deschutes County Budget. SCHLANGEN: I move signature of Order No. 95-175, budgeted cash transfers. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES DATED this 13th day of December, 1995, by the Board of Commissioners of Deschutes County. /302, J/" �! Barry . Slaughter, Chairman ATT Recording Secr tary MINUTES 9 DECEMBER 13, 1995 Slangen, Commission A J L. Nipper, Commissioner