1996-42049-Minutes for Meeting August 07,1996 Recorded 11/12/19969F-42049
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MINUTES
C
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, August 7, 1996 dv
Chair Nancy Pope Schlangen called the Board of County Co=6 siciiers
to order at 10:00 a.m. County Commissioners present weti Nancy
Pope Schlangen, Barry H. Slaughter and Robert L. Nipper.`�Als4 in
attendance were Ralph Delamarter, Librarian; Al Driver, Solid Wieste
Director; James Lewis, Planner; Damian Syrnyk, Planner; Tracy
Allen, Planner; Mike Maier, County Administrator; Rick Isham,
County Counsel; Beverly Wilson, Legal Assistant; Kevin Harrison,
Planner; Brian Harrington, Planner; Sue Stoneman, Community
Relations Specialist; Bruce White, Assistant County Counsel; and
George Read, Community Development Director.
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
1. APPROVAL OF THE 4H/EXTENSION COUNTY SERVICE DISTRICTS WEEKLY
ACCOUN'T'S PAYABLE VOUCHERS
Before the Governing Body was approval of the weekly accounts
payable vouchers for the 4-H/Extension County Service District
in the amount of $$623.24.
SLAUGHTER: I move approval upon review.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT
2. APPROVAL OF THE 9-1-1 COUNTY SERVICE DISTRICT WEEKLY ACCOUNTS
PAYABLE VOUCHERS
Before the Governing Body was approval of the weekly accounts
payable vouchers for the 9-1-1 County Service District in the
amount of $555.62.
NIPPER: I move approval subject to review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES'
SLAUGHTER: YES ~,
NIPPER: YES
MINUTES 1 AUGUST 7, 1996
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6 Neivy 1996
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4.
5.
0156-0342
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
APPROVAL OF THE BEND LIBRARY COUNTY SERVICE DISTRICT WEEKLY
ACCOUNTS PAYABLE VOUCHERS
Before the Governing Body was approval of the weekly accounts
payable vouchers for the Bend Library County Service District
in the amount of $10,004.21.
SLAUGHTER: I move approval upon review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF CONTRACT FOR ARCHITECTURAL AND ENGINEERING
SERVICES FOR NEW BEND LIBRARY
Before the Board was signature of a contract with Thomas
Hackers & Associates Architects for architectural and
engineering services for the new Bend Library.
Ralph requested the Board sign the contract subject to review.
Rick Isham stated there was no underground parking included in
the contract. He wanted to make sure the Board was aware of
that.
SLAUGHTER: I will move signature on contract for
Architectural and Engineering Service for the
new Bend Library upon review.
NIPPER: I'll second that.
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 Bid to Kirk Sales for glass crusher; (2)
approval to send staff members to the Solid Waste Association
Conference in Portland; (3) approval of purchase of two
underbody scrapers (snowplows); (4) signature of Medical
Services Agreement between HMO Oregon and Deschutes County;
(5) signature of Provider Care Services Agreement between
MINUTES 2 AUGUST 7, 1996
6.
0156-0343
Central Oregon Independent Health Services and Deschutes
County; (6) signature of Order No. 96-073, designating a
newspaper for the publication of the 1996/97 Tax Foreclosure
List; (7) signature of Easement to Central Electric
Cooperative along Johnson Market Road for service to Cascade
Pumice; (8) signature of fiscal year 1997 Budget Revision #1;
(9) signature of Personal Services Contract with HGE for La
Pine Water Feasibility Study; (10) signature of Resolution No.
96-109, appropriating new grant funds for Grant Projects Fund;
(11) signature of Food Service Contract renewal with
Correctional Foodservice Management; (12) signature of Minor
Partition Plat to divide a 73 -acre parcel into two parcels in
an EFU Zone; (13) signature of Liquor License Renewals for
Sunriver Marketplace, Sunriver Country Store, Tom's Market,
Three Creeks Lake Store, Rock Springs Guest Ranch, Glaze
Meadow Gold Snack Bar, Black Butte Ranch Lodge, Black Butte
Ranch Pro Shop, Moose Lodge #2093 in La Pine, Mountain High
Golf Course, Deschutes Station Burgers & Pizza, Moose Lodge
#323 Redmond, Terrebonne Select Market, Chen's Garden; and
(14) approval of no -cost out-of-state travel for Victoria Roe.
NIPPER: I'll move that we award the bid to Kirk Sales
for the glass crusher with the caveat that we
work out a deal with TRT for reimbursement of
the $7,700 over the life of that machine.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SLAUGHTER: I will move approval of the consent agenda
items.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DECISION OF WHETHER TO HEAR APPEAL A-96-12 AN APPEAL OF THE
COUNTY PLANNING COMMISSION'S DECISION ON VARIANCE V-95-11
Before the Board was a decision of whether or not to hear
appeal A-96-12, an appeal of the County Planning Commission's
decision on a variance V-95-11.
Damian Syrnyk stated staff recommended the Board hear this
issue on the record as requested by the applicant and sign
Order No. 96-083. He stated the applicants had waived the 120
day time line.
MINUTES 3 AUGUST 7, 1996
7.
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Commissioner Schlangen felt strongly that the Board should
hear this issue on the record.
Commissioner Nipper and Slaughter agreed that it should be
heard.
NIPPER: I move signature of Order No. 96-083, subject
to the review of Legal Counsel.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
• •M M VO 4 --J MWMI PKOS 0• •
Before the Board was a public hearing on the Tibert annexation
into Rural Fire Protect District #2 and signature of Order No.
96-081.
Beverly Wilson stated there was 100% support of the
annexation. The notices were posted in a timely manner. All
paperwork was in order.
Chair Schlangen opened the public hearing. There being no
testimony, the public hearing was closed.
NIPPER: I'll move signature of Order No. 96-081.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
PUBLIC HEARING: ON DOMINICK ANNEXATION INTO RIVER FOREST ACRES
SPECIAL ROAD DISTRICT AND SIGNATURE OF ORDER NO. 96-082
Before the Board was a public hearing on the Dominick
Annexation into River Forest Acres Special Road District and
Signature of Order No. 96-082.
Beverly Wilson reported this was one piece of property. The
petition was submitted by the road district.
Chair Schlangen opened the public hearing.
MINUTES 4 AUGUST 7, 1996
0156-0345
Les Davis, 5850 Forest Lane, stated there were some neighbors
with some concerns regarding road. He stated this parcel was
landlocked.
Bruce White stated Mr. Dominick owned the piece of land that
land locks the other parcel.
Charlotte Funk asked if the road would have to be maintained
to the private property line or would the driveway have to be
maintained. Rick Isham responded that adding this parcel to
the road district did not add any new right-of-way.
Floyd Dominick testified that this piece of land was not able
to be subdivided for twenty years.
There being no further testimony, the public hearing was
closed.
SLAUGHTER: I would move signature on the annexation of
the Dominick property into the River Forest
Acres Special Road District and signature on
Order No. 96-082.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
9. PUBLIC HEARING: ON ORDINANCE NO 96-051, AMENDING THE
DESCHUTES COUNTY ZONING ORDINANCE TO ALLOW LIBRARIES AS A
PERMITTED USE IN THE PLANNED COMMUNITY/INDUSTRIAL DISTRICT
Before the Board was a public hearing on Ordinance No. 96-051,
amending the Deschutes County Zoning Ordinance to allow
libraries as a permitted use in the Planned
Community/Industrial District.
James Lewis reported this was an ordinance to amend the
planned community zone known as the Sunriver Industrial Park.
The amendment is to add library as a permitted use in this
zoning district. It would amend the text and permit a library
on the properties which are zoned planned community
industrial. This amendment does not have any effect on the
master plan for Sunriver.
Chair Schlangen opened the public hearing.
George Riser testified that within the area of the temporary
library, there were several other lots which were vacant which
might be considered for the library. The lots that were
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10.
0156-0346
available were larger than what was needed such as 3 or 4
acres in size. The preferred sites were in the I-3 zone.
There being no further testimony, the public hearing was
closed.
SLAUGHTER: I move first and second reading of Ordinance
No. 96-051, by title only.
SCHLANGEN: I will second the motion.
Commissioner Nipper stated the I-3 was totally undeveloped,
there was adequate space in I-1 & I-2. He felt the County was
causing the Sunriver Library District more problems and
costing them more money.
Rick Isham stated this was to allow the temporary siting of a
library.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-051, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-051.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Before the Board was a public hearing on Ordinance No. 96-010,
amending Title 17, Deschutes County Subdivision and Partition
Ordinance.
Brian Harrington reported this was an ordinance amending Title
17. He reported this had been before the Planning Commission
on three separate occasions. The ordinance addresses a series
of bills from the 1995 legislature. These amendments were to
get aligned with ORS Chapter 92.
Todd Griffith, Swallie Irrigation, testified that if you were
going to buy or sell water, you would do that before or after,
by going through a process with the water district and the
state. This process would normally take place before the land
was partitioned. He felt this was a separate issue.
MINUTES 6 AUGUST 7, 1996
0156-0341'
Charlie Brown, Swallie Irrigation, reported the State was
transferring this issue to the individual water districts
because they knew where the water was being used more than the
State. He felt in the future it would be up to the water
districts to tell the State where the water was being used
within the rules and regulations of the State.
Brian Harrington stated this was an amendment to allow some
flexibility in the final plat approval. He stated section 6
speaks to the requirement of a subdivision in the urban growth
boundary.
Chair Schlangen opened the public hearing.
Todd Griffith requested an addition to Section 5,
informational requirements #8.
Bruce White stated this could be added in since the Board was
not signing this ordinance today.
The public hearing was closed. These documents will be
revised and brought back to the Board for signature at a later
date.
11. DECISION OF WHETHER TO HEAR APPEAL A-96-6, AN APPEAL OF THE
HEARINGS OFFICER'S DECISION ON A NON -CONFORMING USE FOR FAIR
DIESEL
Before the Board was a decision of whether to hear appeal A-
96-6, an appeal of the Hearings Officer's decision on a non-
conforming use for Fair Diesel.
Tracy Allen reported the subject property was located at 65315
North Highway 97. The property consisted of 1.06 acres with
a 2,240 square foot service garage on it. Fairs applied for
the non -conforming use verification, file NUV-96-1, because of
a code violation. Fairs Diesel has used this building for the
past 25 years for one or more uses at a time. It has been
vacant since January, 1996. The Hearings Officer denied the
request for two reasons.
On April 22, 1996, the applicants attorney submitted a notice
of appeal to appeal the Hearings Officer's decision on NUV-96-
1. Tracy Allen further stated the transcripts from the
hearing were not submitted with the notice of appeal. On May
3, 1996, staff contacted Robert Lovlien to inquire about the
transcripts. As of that date Mr. Lovlien had not obtained
copies of the magnetic tapes. Mr. Lovlien indicated that it
would not be possible to have transcripts of the hearing made
by the May 5, 1996, deadline. The Principal Planner gave Mr.
Lovlien an additional 10 days, until May 17, 1996, to submit
MINUTES 7 AUGUST 7, 1996
0156-0348
the transcripts. The transcripts were received by the
Community Development Department on May 17, 1996.
Bruce White stated that this would ordinarily be whether to
hear this issue or not. He further stated since there was the
issue of when the transcripts were received, the Board also
had an issue of whether they had jurisdiction or the authority
to the hear the appeal given the late filing of the
transcript. If the Board decides they had jurisdiction over
this appeal, they would then need to decide if they wished to
hear the appeal. Since there was a problem with the filing of
the transcripts, the Board needed to decide if they were
timely in filing the transcripts.
Bob Lovlien stated the appeal was filed on April 22, and the
call came in that the tapes were ready with only two days to
prepare the transcripts. Kevin Harrison called to grant a 10
day extension. He felt the Board should make a determination
that the tapes were defective and were not received in a
timely manner.
Commissioner Nipper stated that if a 10 day extension was
offered, the Board should stand behind the granting of that
extension. He felt the Board needed to assume the liability
that came with that. He felt the Board had the right to hear
this appeal and that the 10 day extension should be granted.
Commissioner Slaughter stated he agreed.
Commissioner Schlangen stated she had some concerns about the
applicants responsibility and the language in the procedures
ordinance.
NIPPER: I move that we have the jurisdiction to hear
this.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: NO
SLAUGHTER: YES
NIPPER: YES
Bruce White stated his recommendation was to hear it de novo
since the Board deemed they had jurisdiction in this case. He
felt the applicant should be given every opportunity to prove
the use of the land.
SLAUGHTER:
NIPPER:
MINUTES 8
I move we hear the appeal by Fair Diesel de
novo.
I'll second it.
AUGUST 7, 1996
0156-0,g)49
VOTE:
SCHLANGEN: NO
SLAUGHTER: YES
NIPPER: YES
12.
SIGNATURE OF ORDER NO 96-053, AUTHORIZING THE REFUND OF TAXES
Before the Board was signature of Order No. 96-053,
authorizing
the refund of taxes.
SLAUGHTER:
I move signature of Order No. 96-053.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
13.
SIGNATURE OF
MYLAR FOR HIDDEN GLEN, PHASE V
Before the
Board was signature of a mylar for Hidden Glen,
Phase V.
SLAUGHTER:
I move signature on mylar.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
14.
SIGNATURE OF
MYLAR FOR GREYHAWK
Before the
Board was signature of a mylar for Greyhawk.
NIPPER:
I move signature.
SLAUGHTER:
Second.
VOTE:
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
15.
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the
Board was approval of the weekly accounts payable
vouchers in the amount of $524,272.42.
SLAUGHTER:
I move approval of weekly accounts payables
upon review.
NIPPER:
Second.
MINUTES 9
AUGUST 7, 1996
VOTE: SCHLANGEN: YES Al
SLAUGHTER: YES
NIPPER: YES
16. SIGNATURE OF REPLAT OF LOTS 3, 4, 5, 6, 7, AND 8 OF THE GREENS
AT REDMOND, PHASE 3A AND THE GREENS AT REDMOND, PHASE 3B
Before the Board was signature of a replat of Lots 3, 4, 5, 6,
7, and 8 of the The Greens at Redmond, Phase 3A and The Greens
at Redmond Phase 3B.
SLAUGHTER: I move signature on plats.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
17. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT TO LODGE CR
PRISONERS
Before the Board was signature of an Intergovernmental
Agreement to lodge Crook County prisoners.
SLAUGHTER: I move signature on Intergovernmental
Agreement.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DATED this 7th day of September, 1996, by the Deschutes County
Board of Commissioners. i
ATTEST:
(1— - d 4 A.
Recording Secretary
Barry H.Alaughter, Commissioner
R ert L. Nipper, Commissioner
MINUTES 10 AUGUST 7, 1996