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1996-16553-Minutes for Meeting March 13,1996 Recorded 5/2/199696-16553 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS March 13, 1996 r . Chair Nancy Pope Schlangen called the Board meeting to order at, 10:02 A.M. County Commissioners present were Nancy Pope Schlangen, and Robert L. Nipper. Also in attendance were Mike Maier, County Administrator; Ralph Delamarter, Librarian; Rick Isham, County Counsel; Catherine Morrow, Planner; Sue Brewster, Assistant County Counsel; Bruce White, Assistant County Counsel; Sue Stoneman, Community Relations Specialist; Paul Blikstad, Planner; Kevin Harrison, Planner; and George Reed, Community Development Director. CONVENE AS 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 of 4-H/Extension County Service District was approval of the weekly accounts payable vouchers in the amount of $75.00. NIPPER: I'll move approval of the weekly accounts payable vouchers for 4-H/Extension subject to review. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES CONVENE AS 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 Governing Body of Deschutes County 9-1-1 County Service District was approval of the weekly accounts payable vouchers in the amount of $599.00. NIPPER: I move approval of the weekly accounts payable vouchers for 9-1-1 County Service District subject to review. SCHLANGEN: Second. KE,h��N ED MAY 0 91996 MINUTES 1 MARCH 13, 1996 tA1CR0F1lMED JUN 217 996 3. 4. 5. VOTE: SCHLANGEN: YES 0154-16,24 SLAUGHTER: EXCUSED NIPPER: YES CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT SIGNATURE OF CHANGE ORDER #4 AND #5 FOR THE REDMOND LIBRARY Before the Board was signature of Change Orders #4 and #5 for the Redmond Library County Service District. Ralph reported these change orders totaled approximately $8,000 and they were budgeted amounts. NIPPER: I'll move signature of change order #4 and #5 for the Redmond Library. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR REDMOND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Redmond Library County Service District in the amount of $283,542.26. NIPPER: I move approval of weekly accounts payable vouchers for the Redmond Library County Service District subject to review. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES CONVENE AS GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY COUNTY SERVICE DISTRICT Before the Board was approval of the weekly accounts payable vouchers for the Bend Library County Service District in the amount of $14.00. MINUTES 2 MARCH 13, 1996 0154-1615 NIPPER: I move approval of the weekly accounts payable vouchers for the Bend Library County Service District. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES 5. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: (1) signature of Interagency Agreement between Deschutes County Health Department and Oregon Health Division for VISTA Volunteer; (2) signature of letter authorizing Frank Moore to sign Agreement with Office of Medical Assistance Programs; (3) approval of Cultural Competency Grant to support the Festival of Color; (4) approval of Small Grant Fund in the amount of $5,850 for community service proposals; (5) approval of proposed Title 5 Juvenile Delinquency Prevention Budget for 1996/97; (6) signature of Sublease Agreement for Awbrey Butte Transmission & Radio Site for Seiko Communications Systems, Inc.; (7) signature of Easement for Arnold Irrigation District; (8) signature of Resolution No. 96-029, approving the Rural Action Plan; (9) signature of Property Lease to Conservation for Central Oregon; (10) signature of Order No. 96-032, changing the name of Prairie View Road to Prairie View Drive; and (11) signature of Liquor License for La Pine Inn. NIPPER: I'll move approval of the consent agenda items 1-11. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES 6. PUBLIC HEARING ON ANNEXATION OF BROKEN TOP INTO RURAL FIRE PROTECTION DISTRICT NO 2 AND SIGNATURE OF ORDER NO. 96-026, SETTING A FINAL HEARING DATE Before the Board was a public hearing on the annexation of Broken Top into Rural Fire Protection District No. 2 and signature of Order No. 96-026, setting a final hearing date. Bruce White stated a petition was filed by Broken Top to include this development into the Rural Fire Protection District No. 2. The signature of the order today sets the final boundaries of the annexation. MINUTES 3 MARCH 13, 1996 0154-16406 Chair Nancy Pope Schlangen opened the public hearing on the annexation of Broken Top into RFPD #2. There being no public testimony, Chair Schlangen closed the public hearing. NIPPER: I move signature of Order No. 96-026, regarding the annexation of Broken Top into Rural Fire Protection District #2 and setting a date of April 3, 1996, for a final hearing. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES 7. DISCUSSION OF ORDINANCE NO 95-077, AMENDING DESCHUTES COUNTY CODE, TO REQUIRE ESTABLISHMENT OF PRIMARY USE PRIOR TO ISSUANCE OF PERMITS FOR ACCESSORY STRUCTURES Before the Board was a discussion of Ordinance No. 95-077, amending Deschutes County Code, to require establishment of primary use prior to issuance of permits for accessory structures. Steve Hanson testified in opposition to this ordinance. He felt this ordinance was address the issue of people living accessory structures. He stated he had a problem with this ordinance as it did not solve that issue. He felt the ordinance was directed as a way to stop building. He felt the issue of accessory structures was a code enforcement issue. Commissioner Schlangen stated that carports, houses, and agriculture buildings could be built, and wanted to know what sort of building he was concerned about. She stated she did not understand how this was going to stop building. Steve Hanson stated there were no statistics available that would demonstrate that this ordinance would stop the issue of people living in accessory structures. Commissioner Schlangen stated that if you built a garage to live in while you were building you main house and once your main house was completed, that accessory structure has to go back to an accessory use. If there was a kitchen in the garage, it would have to be removed when your main dwelling was completed. Steve Hanson stated the ordinance says that you cannot build this accessory structure unless you get a principal use permit. He felt there was a problem out there but this MINUTES 4 MARCH 13, 1996 0154-16,2-11 ordinance did not solve it. He stated this ordinance restricted building. Catherine Morrow reviewed the definition of accessory structures. Commissioner Nipper felt people were more inclined to build their house if they were required to invest in a primary resident permit. The ordinance occurred because there were too many people not living by the rules. Steve Hanson stated his main problem was that there was an ordinance that said you could not Jerry Neuberger, builder in La Pine, testified in opposition to this ordinance. He testified in support of signature of waiver saying that a structure would not be used as a primary resident. Steve Hanson felt the signature of waiver was the best way to handle this issue. Sue Brewster testified that the signature of a waiver would not be enforceable if the property was sold to someone else. Sue Brewster reported there were other counties with the accessory structure ordinance. Len Hatch testified in opposition to the ordinance. He felt this was blanket ordinance and all situations were not the same. Randy Yow, builder in La Pine, testified in opposition to the ordinance. He felt the present ordinance created more problems. Pam Wilson, Builders Association, requested the Board listen to the builders from South County. Catherine Morrow stated the normal notice was sent out, she also appeared on television and radio. She reported there was some research done regarding how many garage permits there were in 1994. There were 168 permits issued for garages and all except 22 had a house on the property or the building permit was obtained at the same time. 8. PUBLIC HEARING ON AN APPEAL A-96-1, AN APPEAL OF THE HEARINGS T1ECISION ON T SITE PLAN FOR A CLUBHOUSE UBHOUSE AND OFFICER'S DECISION Vl\ az V1iL MAINTENANCE BUILDING FOR LOST TRACTS GOLF COURSE Before the Board was a hearing on an appeal of A-96-1, an appeal of the Hearings Officer's decision on a site plan for MINUTES 5 MARCH 13, 1996 0154-1 s a clubhouse and maintenance building for Lost Tracts Golf Course. Kevin Harrison provided a staff report. He stated the first question was whether to dismiss the applicants appeal as filed by Ken Brinich. The motion to dismiss was based on Mr. Brinich's contention that the applicant's notice of appeal was not timely filed. Kevin reviewed the ordinance relevant to this issue. He stated the request for reconsideration stopped the appeal clock in that the hearings officer's decision of denial of request for reconsideration started the appeal clock. He stated there was a 10 day appeal period following the hearings officer's decision to deny the request for reconsideration. Therefore, the question before the Board was whether they should accept the motion to dismiss the applicant's notice of appeal and was the notice of appeal timely filed. He stated the staff recommended that the notice of appeal was timely filed, and the Board should reject the motion to dismiss. Commissioner Schlangen stated she agreed with staff. She felt that it was filed in a timely manner. Commissioner Nipper agreed that it was filed in a timely manner. NIPPER: I move that the appeal was filed in a timely fashion. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES Kevin stated the second question was whether the notice of appeal be changed in the middle of the stream. The applicant and opponent both filed for de novo hearings. The opponents then changed the notice of appeal to be on the record only and it was after the 10 day appeal period had expired. NIPPER: I move that the ability to amend an appeal after the initial 10 day appeal period has expired, should not be allowed. SCHLANGEN: I'll second that motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES MINUTES 6 MARCH 13, 1996 Kevin stated what was before the Board was an appeal from both sides for a de novo hearing. The preference was to hold a hearing on the record unless there was criteria to hold a de novo hearing. What was under appeal was a club house that meets the definition of a golf course accessory use and the scope of authority to modify a site plan. It was staff's opinion that both of these were significant interpretive issues. If the Board wanted to hear this de novo, they would need to identify one or both of these issues as being significant in their opinion, and that would allow them to proceed to a de novo hearing. Commissioner Nipper asked if we choose not to hear this, was the Hearings Officer's decision sufficient enough to support this. Commissioner Schlangen asked if they did not hear it, would it come back to the Board as a de novo hearing or would the scope be limited. Rick Isham stated the hearing would have to meet the minimum requirements of the remand. The scope of a hearing would be determined on the basis of what the remand was from LUBA. Commissioner Nipper felt the advantage of not hearing this was having LUBA identify the areas that did not meet the necessary criteria. He stated that if the Board chose to hear it and they made a decision, it could still be appealed to LUBA. Rick Isham stated if it was remanded it would result in the Board either changing the decision from an approval to a denial or hold a de novo hearing to supplement the record. Staff felt if the Board denied de novo review, they were basically sending it back and then it would come back later. He stated that LUBA does not necessarily provide a road map for the Board to follow. The Board could hold a de novo hearing or a hearing on the record. He felt the staff's concern was that the Hearings Officer fashioned an approval by adding substance in areas she determined needed to be added to by conditions of approval. Kevin stated the staff recommendation was to hear this issue de novo. Kevin stated there were two main questions. He stated there was a definition of a golf course accessory use club house. The question was whether the club house fit the definition of a golf course accessory use. The second issue was how far can the hearings officer go in the modification of a site plan. NIPPER: I move that we hear the appeal of the Hearings Officer's decision on a site plan for a MINUTES 7 MARCH 13, 1996 015" `1-1630 clubhouse and maintenance building for Lost Tracts Golf Course in a de novo hearing due to the question of the definition of accessory use and the scope of the modification of the site plan. SCHLANGEN: I will second that motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES Rick Isham stated the procedure seemed a bit unprecedented. The notice of hearing was sent out without a determination of whether the board was going to hear this. Paul Blikstad read the public hearing notice to the Board. Paul felt it was best to postpone the hearing. Chair Schlangen reviewed the criteria for this application. Chair Schlangen asked for disclosure from the commissioners for any prehearing contact in this matter. Commissioner Schlangen and Commissioner Nipper reported having 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. Dan Van Vactor, attorney for Woodside Ranch, challenged the procedure in which the hearing was proceeding. He felt the public hearing should not be opened today. He stated the applicant had the burden of proof, not the opponent. He felt this was not in conformance with the County's procedures ordinance. Chair Schlangen opened the public hearing. Ren Brinich stated the Board does not have the full application in front of them. He objected to the Board hearing this today. Bob Lovlien, representing the applicant, also felt it was best to hold this public hearing another day in order to hear it all at one time. Paul Blikstad reported the 120 days had been waived. He felt a night time public hearing would be best. Chair Schlangen closed the public hearing. A new hearing would be scheduled as soon as possible. MINUTES 8 MARCH 13, 1996 9. 10. 11. 11,74-163-1 SIGNATURE OF SERVICE AGREEMENT MODIFICATION REQUEST WITH OREGON STATE LIBRARY FOR LINK Before the Board was signature of a Service Agreement modification request with Oregon State Library for LINK. NIPPER: I'll move signature of Service Agreement modification request with Oregon State Library for LINK. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES SIGNATURE OF RESOLUTION NO 96-030, CREATING TRANSPORTATION SYSTEM DEVELOPMENT CHARGES FUND Before the Board was signature of Resolution No. 96-030, creating a Transportation System Development Charges Fund. Mike reported this was a way of tracking the system development charges which will be monitored by Community Development Department. NIPPER: I'll move signature of Resolution No. 96-030, creating a Transportation System Development Charges Fund. SCHLANGEN: I'll second the motion. 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 $462,237.36. NIPPER: I will move approval of the weekly accounts payable vouchers subject to review. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES MINUTES 9 MARCH 13, 1996 DATED this 13th day of March Board of Commissioners. / ATTEST: ( 2- -ZYI- Recording Secretary MINUTES 10 MARCH 13, 1996 ancy 0151---1632 1996, by the Deschutes County hlc-4hgen; Chair Barry`H. Slaughter, Commissioner is Rob rt L. Nipper, c61fimissioner