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1996-42047-Minutes for Meeting August 14,1996 Recorded 11/12/19969F-42047 r MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS c Wednesday, August 14, 1996 Chair Nancy Pope Schlangen called the Board of County Commissioners meeting to order 10:06 a.m. County Commissioners present were Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper. Also in attendance were Mike Maier, County Administrator; Rick Isham, County Counsel; Brad Chalfant, Property Manager; Kevin Harrison, Principal Planner; Paul Blikstad, Planner; George Read, Community Development Director; Bruce White, Assistant County Counsel; Sue Stoneman, Community Relations Specialist; and Damian Syrnyk, Planner. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF 4H/EXTENSION COUNTY SERVICE DISTRICT WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers for the 4-H/Extension County Service District in the amount of $1,265.79. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF 9-1-1 COUNTY SERVICE DISTRICT WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers for the 9-1-1 County Service District in the amount of $1,094.63. SLAUGHTER: I move approval upon review. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 1 AUGUST 14, 1996 K N HED NO �,GV 2 996 3. 4. 0156-0333 CONVENE AS THE 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 $511.20. 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) award of Contract to Bend Aggregate & Paving for Paving at Knott Landfill; (2) approval of Public Works employees attending APWA Street Maintenance and Collection Systems School and Skills Demo; (3) approval of out-of-state travel for Deborah Brockman;A 4) signature of Contract between Deschutes County Health Department and Jesuit Volunteer Services; (5) signature of Grant from Oregon Health Division for Family Planning and HIV Consortia; (6) signature of Resolution No. 96-110, appropriating New Grant Funds for Human Services; (7) signature of Contract with Baker County Council on Alcohol & Drug Problems for services; (8) signature of Contract with Rogue Recovery Programs for treatment services; (9) signature of Intoxicated Driver Fund Access Agreement with Rogue Recovery Programs; (10) signature of Residential Treatment Grant Agreement with Rimrock Trails Adolescent Center; (11) signature of Personal Services Contract and Joint Declaration with Geoffrey Hyde; (12) signature of 1996/97 Contract with Central Oregon Resources for Independent Living (CORIL); (13) signature of 1996/97 Contract with Residential Assistance Program; (14) signature of Amendment to KIDS's Center Contract; (15) signature of 1996/97 Contract with Opportunity Foundation of Central Oregon; (16) signature of second Contract Amendment to Deschutes County Transportation System Plan; (17) signature of Final Plat for MP -95-34, a two parcel partition on 40 -acres in the EFU-TRB Zone; and (18) signature of Liquor License renewals for La Pine Book Store, Sisters KOA Campground, La Pine Mini Mart, Wood Mark Bowl, Tumalo Feed Company, Niblick & Greene's, Quail Run Golf Course, Ponderosa Pizza, Sunriver Chowder House, Bend Golf MINUTES 2 AUGUST 14, 1996 015- 6--0334 Club, Ivy's Tumalo Store, Hook, Wine & Cheddar, Sunriver Lodge & Resort, Lucky's Tavern, West Village Lodge, Pine Marten Lodge, Mt. Bachelor Mini -lodge, Sunrise Lodge, Mt. Bachelor Main Lodge, Nordic Lodge, Coho Grill, and Village Bar & Grill. NIPPER: I'll move approval of consent agenda items. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 5. PUBLIC HEARING ON SIGNATURE OF ORDER NO. 96-076, AUTHORIZING THE EXCHANGE OF REAL PROPERTY WITH BEND FURNITURE COMPANY AND SUMMIT PARTNERS Before the Board was a public hearing on signature of Order No. 96-076, authorizing the exchange of real property with Bend Furniture Company and Summit Partners. Brad Chalfant reported the maps illustrated the property for exchange. He stated the County had a 113 -acre parcel east of Bend which was the proposed property to be exchanged with Summit Partners and Bend Furniture. Summit Partners and Bend Furniture owned property on NE Kearney which they would exchange for a low income housing project for disabled individuals. The properties that were proposed for exchange have approximately equivalent values. He stated the county would be getting a little more value. He recommended the county move forward with the exchange. Chair Schlangen opened the public hearing. Gary Everett, Vice President Deschutes Housing Solutions, testified there would 11 units of housing for young handicapped adults. He stated this was their first project and they hoped to do more in the future. There would be some shared parking arrangements. There being no further testimony, Chair Schlangen closed the public hearing. SLAUGHTER: I move signature of Order No. 96-076, authorizing exchange of real property with Bend Furniture Company and Summit Partners. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 3 AUGUST 14, 1996 0.56-0335 6. PUBLIC HEARING ON THE GARCIA ANNEXATION INTO RURAL FIRE PROTECTION DISTRICT #1 Before the Board was a public hearing on the Garcia Annexation into Rural Fire Protection District #1. Bruce White stated this was to annex property of six different owners into Rural Fire Protection District #1. He stated one of the requirements was that the fire district approve the annexations. The fire district approved the properties except those north and east of the river. There were two property owners (Harper and Gregerson) which would not be included. The fire district was not supportive of the two properties across the river because they could not get to those locations to serve them. Bruce White proposed the record be kept open for two weeks in order to notify the two property owners. Chair Schlangen opened the public hearing. There being no testimony, Chair Schlangen closed the public hearing. Written testimony would be accepted through August 27, 1996, at 5:00 p.m. 7. APPROVAL OF TEMPORARY USE PERMITS FOR MODULAR CLUBHOUSE AND MAINTENANCE BUILDING FOR LOST TRACKS GOLF COURSE Before the Board was approval of a temporary use permit for a modular clubhouse and maintenance building for Lost Tracks Golf Course. Paul Blikstad reported there were two temporary use permit applications before the Board. One of the temporary use permits was for the clubhouse building at the Lost Tracks Golf Course. The second temporary use was for a maintenance building. Paul Blikstad reported there was a site plan application for the maintenance building which was going before the hearings officer on August 20, 1996. The temporary use permit was a development permit, not a land use action, which means that this was not a public hearing. In this instance the decision was deferred to the Board, due to the circumstances surrounding this issue. Paul recommended that this not be a public hearing, but it was up to the Board whether they would like to accept testimony from the audience. Paul reported there were six criteria that had to be met in order to comply for a temporary use permit. Paul reviewed the criteria with the Board. Paul stated the biggest issue of opposition was the open space. The golf course was recognized as open space. The club house, parking lot and maintenance building are in the MINUTES 4 AUGUST 14, 1996 0156-0336 area designated as open space. These buildings do not constitute open space and this area would need to be replaced or made up by some other area in the project. He suggested Phase 3 could be modified. Phase 3 had not been platted at this time therefore there was more than enough open space. Commissioner Slaughter asked if a temporary use would expire if no decision had been reached within 6 months. Commissioner Nipper asked if Legal Counsel had the definition of a golf course with them. (Bruce White left the meeting to get the definition for Commissioner Nipper.) Commissioner Schlangen stated this was not a public hearing and felt there was no need for testimony to be accepted. George Read reported the maintenance building was an accessory part of the golf course. The issue was that the golf course serves as the opened space for the subdivision. Since the maintenance building was not considered to be open space, then the area around the maintenance building cannot be considered open space. He felt the biggest issue was that the maintenance building and clubhouse exceed the 65% open space allowed for the subdivision. Commissioner Nipper stated that included in the definition of golf course was accessory structures. The stated that if golf course was included as open space it would also include the maintenance building. George Read stated that in other applications the accessory structures have not been included as open space uses. Commissioner Schlangen stated the open space can be met in the platting of the third phase. George Read stated the recommendation was not to file for the temporary use permits because it was not an appealable issue at the local level. If they appealed, it would go to LUBA. Rick Isham asked if there was a public notice given for this permit application. George Read stated there was no notice. Rick stated the only notice would be that which was on the Board's agenda. George Read stated the temporary use permits have their own status. They have always been treated as development permits. NIPPER: I will move that we consider the Lost Tracks Golf Course temporary use permit applications be treated as development actions. MINUTES 5 AUGUST 14, 1996 0156-0337 SLAUGHTER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES NIPPER: I'll move that we not grant a temporary use permit for the club house at this time, subject to the decision of the hearings officer. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES NIPPER: I'm going to move that we grant a temporary use permit for the maintenance building at Lost Tracks Golf Course. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 8. SIGNATURE OF ORDERS NO 96-064 AND 96-065, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 96-064 and 96- 065, authorizing the refund of taxes. SLAUGHTER: I move signature on Orders No. 96-064 and 96- 065. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 9. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $469,069.52. SLAUGHTER: NIPPER: MINUTES 6 I move approval upon review. Second. AUGUST 14, 1996 VOTE: SCHLANGEN : YES 0156-03 � SLAUGHTER: YES �! NIPPER: YES 10. SIGNATURE OF ORDER NO.0: OF OF LAND USE APPLICATIONS ON WHICH THE OARD OF COUNTY COMMISSIONERS DECLINE REVIEW Before the Board was signature of Order No. 96-085, describing the class of appeals of Land Use Applications which the Board of County Commissioners decline review. George Read stated there had been a problem meeting the 120 day deadline. He stated after getting a tape and submitting a transcript, 25 days would have gone by. After providing notice of a public hearing, 60 days would have gone by. The there would be a hearing and the Board directs the staff to write a decision which would add another two weeks. When you add all of this up, it makes it very difficult to meet that deadline. George proposed an interim step. Bruce White stated he knew this was not the answer, but it would be an interim step. Commissioner Nipper did not like the hearings officer's decision being final. Rick Isham stated he knew the Board needed to maintain their authority of land use issues. He stated that if an appeal came in on the 100th day, you have 20 days to do what it would take 60 days to do. If there were appeals filed on the 110 or 115 day, the Board would not have the opportunity to hear it anyway. Commissioner Nipper stated the legislature should be addressed to change the 120 day rule. Bruce White stated that within a month they would come back to alleviate the 120 day problem. Bruce stated the Planning Department need not to accept applications unless they were complete. He felt he could come back with a package to remedy some of these problems. There may be cases that would press the Board with the 120 day. The county has been put in a box with the 120 days. George Read stated that normally they tried to work things out so the 120 day was not a problem. Bruce White stated it was not the intent to cut the Board out, and the changes would be back to correct this as soon as possible. MINUTES 7 AUGUST 14, 1996 Rick Isham stated that this did not change anything for the Board because at the 100th day the Board would not have an opportunity to hear an issue anyway. NIPPER: I would move signature of Order No. 96-085, as amended by Legal Counsel. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES DATED this 14th day of August, 1996 by the Deschutes County Board of Commissioners.' ATT T: Recording Secretary Nancy Pope Ichlang'en, Chair4�4) k q J h7ff Barry H Slaughter, Commissioner , " , ��, �Z/, 11 �- Robe t L. Nipper, CorWiisioner MINUTES 8 AUGUST 14, 1996