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1996-15764-Minutes for Meeting February 28,1996 Recorded 4/25/19969615'764 0154-1400 MINUTES qtr k? sn O�,i DESCHUTES COUNTY BOARD OF COMMIBSXONLRS``' ' February 28, 1996 Chair Schlangen called the Board of Commissioners meeting to order at 10:01 a.m. County Commissioners present were Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper. Also in attendance were Rick Isham, County Counsel; Mike Maier, County Administrator; Damian Syrnyk, Planner; Heidi Kennedy, Planner; Tom Blust, County Engineer; Kevin Harrison, Planner; Paul Blikstad, Planner; Brad Chalfant, Property Manager; Andy Crosby, Assistant County Counsel; Sue Stoneman, Community Relations Specialist; Catherine Morrow, Planner; and George Read, Community Development Director. Chair Schlangen presented a Certificate of Appreciation to Parker Johnstone for his assistance to the flood victims over in the valley for operation "Hay Lift" to provide feed for the farm animals. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for 4-H/Extension County Service District in the amount of $299.61. SLAUGHTER: I move approval of accounts payable vouchers subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Board was approval of weekly accounts payable vouchers for Deschutes County 9-1-1 County Service District in the amount of $4,872.73. NIPPER: I move approval subject to review. IAICROFILMED KE t ELmMINUTES 1 FEBRUARY 28, 1996 ��MAY 115199 96 3. 4. 0151-1437 SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Schlangen reported that Cal Krosch will be leaving the district at the end of March. Charles Trachsel will be interim from April 1 through the end of June. CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE BEND LIBRARY COUNTY SERVICE DISTRICT Before the Board was approval of weekly accounts payable vouchers for the Bend Library County Service District in the amount of $55.14. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: (1) signature of Permit between Deschutes County Health Department and Oregon Military Department of Immunization Clinic; (2) approval of out-of-state travel for Florence Torrigino; (3) signature of TGM Grant Intergovernmental Agreement for Redmond Neighborhood Development Code; (4) signature of Clinical Affiliation Agreement with Central Oregon Community College; (5) signature of Final Plat for MP - 95 -25 a partition for two parcels in an MUA-10 Zone; and (6) approval of out-of-state travel for Brad Mulvihill to tour juvenile detention centers in Washington. SLAUGHTER: NIPPER: VOTE: I move approval of the consent agenda. Second. SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 2 FEBRUARY 28, 1996 5. PUBLIC HEARING ON SIGNATURE OF ORDER NO. 96-016, AUTHORIZING THE TRANSFER OF INTEREST OF REAL PROPERTY TO CENTRAL OREGON COMMUNITY COLLEGE Before the Board was a public hearing on signature of Order No. 96-016, authorizing the transfer of interest of real property to Central Oregon Community College. Brad Chalfant reported this exchange was with the City of Redmond in order to transfer property to Central Oregon Community College. The closing with the City was not completed but should not be a problem. He felt that within two weeks the paperwork would be completed. Chair Schlangen opened the public hearing. John Barber, President of COCC, thanked the county for making this land transfer possible. He reported this would be the north campus of Central Oregon Community College. The first building would be built this spring and with another in the fall. He stated this would be the location for technical training. There being no further testimony, the public hearing was closed. SLAUGHTER: I will move signature of Order No. 96-016, authorizing transfer of interest in real property to the Central Oregon Community College. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 6. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO 96-021, AN ORDINANCE AMENDING TITLE 18 OF THE DESCHUTES COUNTY CODE Before the Board was a public hearing on adoption of Ordinance No. 96-021, an ordinance amending Title 18 of the Deschutes County Code. Damian Syrnyk reported the purpose of this ordinance was to amend the list of conditional uses permitted in the RR -10 Zone. This amendment allows a private or public school to be allowed as a conditional use in an RR -10 Zone. Chair Schlangen opened the public hearing. MINUTES 3 FEBRUARY 28, 1996 7. There being no public testimony, Chair Schlangen closed the public hearing. NIPPER: I will move first and second reading of Ordinance No. 96-021, by title only. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Schlangen performed the first and second reading of Ordinance No. 96-021, by title only. SLAUGHTER: I move approval. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES DECISION ON LAND USE BOARD OF APPEAL REMAND OF COUNTY'S DECISION ON NUV-94-2/A-94-13 FOR FRALEY Before the Board was a decision on a Land Use Board of Appeal remand of County's decision on NUV-94-2/A-94-13 for Fraley. Damian Syrnyk asked if the Board had any further questions on the record. Commissioner Slaughter stated he had a problem with the third requirement that LUBA gave the County regarding the continuing use. Commissioner Nipper felt this was another example of land use law by administrative rule. He requested the Board send a letter to the Governor stating that we felt we should have control of the land use in Deschutes County. Commissioner Schlangen stated we placed conditions on the applicant. The scope of use must be continuous and of a nature and extent equal to what it is today. She stated there had been a building there since 1969 and there was some ongoing commercial use of that building. She stated she could not find support in the record of the continued use as it is today. She stated she was unable to make the adequate findings to demonstrate a continuous consistent use. Rick Isham stated there was an application to determine the nonconforming use. MINUTES 4 FEBRUARY 28, 1996 M SLAUGHTER: I move denial of the application for a verification for a non -conforming use. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Commissioner Nipper requested the Planning Department share a potential solution to this problem. Andy Crosby reported that one possibility that was discussed was a county ordinance that would allow a limited use combining zone. He stated this would limit the uses allowed on that property. PUBLIC HEARING REGARDING THE LEGALIZATION OF FERGUSON ROAD AND SIGNATURE OF ORDER NO. 96-028 Before the Board was a public hearing regarding the legalization of Ferguson Road and signature of Order No. 96- 028. Tom Blust reported the Board initiated the proceedings to legalize Ferguson Road. He stated the existing Ferguson Road does not match the 1908 survey. This would legalize the road in the location in which it was presently laid out. Tom recommended signature of the order today. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. SLAUGHTER: I move legalization of Ferguson Road and signature of Order No. 96-028. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 9. SIGNATURE OF ORDER NO 96-025, ACCEPTING THE ENGINEER'S REPORT AND SETTING A PUBLIC HEARING ON AGATE ROAD LOCAL IMPROVEMENT DISTRICT Before the Board was signature of Order No. 96-025, accepting the Engineer's Report and setting a public hearing on Agate Road Local Improvement District. Tom Blust recommended the Board sign the order as presented. This order forms the local improvement district and sets a date for a public hearing of April 3, 1996. MINUTES 5 FEBRUARY 28, 1996 011.x'* 14141 NIPPER: I'll move we set a public hearing date for Agate Road Local Improvement District of April 3, 1996, and signature of Order No. 96-025. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 10. SIGNATURE OF ORDER NO -96-024, ACCEPTING THE ENGINEER'S REPORT AND SETTING A PUBLIC HEARING FOR 85TH STREET LOCAL IMPROVEMENT DISTRICT Before the Board was signature of Order No. 96-024, accepting the Engineer's Report and setting a public hearing for 85th Street Local Improvement District. Tom Blust requested this issue be postponed due to a boundary change for the local improvement district. He stated there were four properties which were excluded from the LID originally. He felt they should talk with the four property owners before adding them. 11. DECISION OF WHETHER TO HEAR AN APPEAL OF THE HEARINGS OFFICER'S DECISION ON SP -95-67, A SITE PLAN FOR THE LOST TRACTS GOLF COURSE ON CHINA HAT ROAD Before the Board was a decision of whether to hear an appeal of the Hearings Officer's decision on SP -95-67, a site plan for the Lost Tracts Golf Course on China Hat Road. Kevin Harrison stated the site plan for the club house was at issue today. The Hearings Officer approved the site plan but revised the site plan for the club house. He stated both parties have appealed the decision. He stated there were two issues. One of the issues was interpretation of a club house that meets the definition of a golf course accessory use that is in the ordinance. He stated the second issues was the scope of authority to modifying a site plan. Kevin reported there also was a motion to dismiss. It was staff recommendation that the Board hear the appeal. The request has been made to hear the appeal as de novo. He stated originally both parties requested the appeal be heard de novo. The opponent had then withdrawn his request for a de novo hearing. Rick stated one issue was whether you can withdraw the request for a de novo hearing after the time limit has passed. There was a discussion regarding the procedures ordinance. MINUTES 6 FEBRUARY 28, 1996 ' George Read felt that there needed to be a hearing to discuss this issue. NIPPER: I move that we have a hearing to clearly define our procedures ordinance. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES NIPPER: I move that we set the public hearing for March 13, 1996. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 12. SIGNATURE OF ORDINANCE NO 96-020, CODIFYING TITLE 22 OF THE DESCHUTES COUNTY CODE Before the Board was adoption of Ordinance No. 96-020, codifying Title 22, Deschutes County Developmental Procedures Ordinance, of the Deschutes County Code. SLAUGHTER: I will move first and second reading of Ordinance No. 96-020, by title only. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Schlangen performed the first and second reading of Ordinance No. 96-020, by title only. SLAUGHTER: I move approval of Ordinance No. 96-020. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 7 FEBRUARY 28, 1996 0154`14 ` , 13. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT WITH CITY OF REDMOND REGARDING THE GREENS Before the Board was signature of an Intergovernmental Agreement with the City of Redmond regarding The Greens. Michael Peterkin reported that when the City of Redmond annexed property there were questions raised about site plan. He stated this Intergovernmental Agreement has been signed by the City of Redmond. NIPPER: I move signature of Intergovernmental Agreement with City of Redmond regarding The Greens. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES SLAUGHTER: I move approval of the replat. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 14. SIGNATURE OF ORDERS NO 96-021 AND 96-022, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 96-021 and 96- 022, authorizing the refund of taxes. NIPPER: I will move signature of Orders No. 96-021 and 96-022, authorizing the refund of taxes. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 15. SIGNATURE OF FINAL PLAT FOR MP -95-38, A PARTITION TO DIVIDE A 22.54 -ACRE PARCEL INTO TWO PARCELS IN A RR -10 ZONE Before the Board was signature of a Final Plat for MP -95-38, a partition to divide a 22.54 -acre parcel into two parcels in a RR -10 Zone. SLAUGHTER: I move signature of final plat. MINUTES 8 FEBRUARY 28, 1996 01 1- NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Before the Board was approval of the weekly accounts payable vouchers in the amount of $101,368.80. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 17. SIGNATURE OF DESCHUTES COUNTY APPLICATION FOR REGIONAL PROBLEM SOLVING GRANT STUDY AREA Before the Board was signature of a Deschutes County application for Regional Problem Solving Grant Study area. SLAUGHTER: I would move signature of Deschutes County application for Regional Problem Solving Grant subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 18. APPOINTMENT OF DESCHUTES COUNTY WATERSHED COUNCIL MEMBERS Before the Board was appointment of Deschutes County Watershed Council Members. Parker Johnstone reported there were sixteen people being appointed to the Watershed Council for a term of one year. The following people were to be appointed: Stephen Fitzgerald, Linda Swearingen, Teal Purrington, Allen Dale, Kyle Gorman, Bonita Neiland, Robert Bruno, Craig Lacy, Parker Johnstone, Bo Hanson, Jack Beemer, Ralph McNulty, Lorna Mills, Jim Goad, Dale Evans and Keith Cyrus. SLAUGHTER: I move appointment of various people to the Deschutes County Watershed Council. NIPPER: Second. MINUTES 9 FEBRUARY 28, 1996 01r1-1 ,fir VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 19. APPOINTMENTS TO COMMISSION ON CHILDREN & FAMILIES Before the Board were appointments of Judy May, Robert Kessler, James Diegel and Phillipa Brown to the Commission on Children & Families. SLAUGHTER: I move appointments to the Commission on Children & Families. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 20. APPOINTMENT OF DESCHUTES COUNTY EXTENSION ADVISORY COMMITTEE Before the Board were appointments of Norma Cleveland, Frank Deggendorfer, Mary Lisk and Peggy Ashford to the Deschutes County Extension Advisory Committee. SLAUGHTER: I move appointment of Deschutes County Extension Advisory Committee. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 21. SIGNATURE OF MYLAR FOR RIVER GLEN Before the Board was signature of a mylar for River Glen. SLAUGHTER: I move signature of mylar. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 10 FEBRUARY 28, 1996 DATED this 28th day of February, 1996, by the Deschutes County Board of Commissioners. ATT 7 Recording Secret ry X�;Imev Rob t L. Nipper, C.6rdmissioner MINUTES 11 FEBRUARY 28, 1996