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1997-01574-Minutes for Meeting October 23,1996 Recorded 1/16/19971 n 97-01574 0156-1250 MINUTES DESCHUTES COUNTY BOARD OF • 414 •1'.) 00 October ' ' Chair Nancy Pope Schlangen called the Board of Couni,%pqft£pg{Rners meeting to order at 10:00 a.m. County Commissioners present were Nancy Pope Schlangen and Robert L. Nipper. Also in attendance were Rick Isham, County Counsel; George Read, Community Development Director; Kevin Harrison, Planner; Susan Mayea, Management Analyst; Paul Blikstad, Planner; Catherine Morrow, Planner; Tom Blust, County Engineer; Dennis Perkins, Building Inspector; and Sue Stoneman, Community Relations Specialist. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 4- H/EXTENSION COUNTY SERVICE DISTRICT Before the Governing Body approval of weekly accounts payable vouchers for the 4-H/Extension County Service District in the amount of $1,224.84. NIPPER: I move approval subject to review. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 9-1-1 Before the Governing Body was approval of weekly accounts payable vouchers for the 9-1-1 County Service District in the amount of $4,500.50. NIPPER: I move approval subject to review. SCHLANGEN: VOTE: MINUTES 1 Second. SCHLANGEN: SLAUGHTER: NIPPER: OCTOBER 23, 1996 YES EXCUSED YES .b ftp AN j�97 0156-1251 CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT 3. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 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 $1,034.00. NIPPER: I'll move approval subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES CONVENE AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 4. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Sunriver Library County Service District in the amount of $14,000.00. NIPPER: I'll move approval of weekly accounts payables subject to review. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS Consent agenda items before the Board of County Commissioners were: 1) signature of Interagency Fund Exchange Agreement with Oregon Department of Transportation; 2) signature of Quitclaim Deed and Easement Termination for Paulina Lake Road; 3) signature of Revocable Permit between Deschutes County and City of Redmond; 4) approval of out-of-state travel to attend Sequoia User Group Board Meeting on November 9, 1996; 5) signature of Minor Partition Plat MP -96-16 for Paul Nordstrom; and 6) signature of Final Plat for Eagle Crest, Ridge at Eagle Crest Phase II, III & IV. MINUTES 2 OCTOBER 23, 1996 6. 0156-1252 NIPPER: I'll move approval of consent agenda items. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES Before the Board was a public hearing on the La Pine Water District. Susan Mayea handed out copies of the Executive Summary of the La Pine Water District. Susan Mayea reviewed the Executive Summary with the Board. Susan reported the Giesler site was the chosen site because it was less expensive and it was closer. She also stated Mr. Giesler had done a lot of the preliminary work. This well would be good for about fifteen years, until the year 2,011, when the second well would need to be drilled. Chair Schlangen opened the public hearing. John Boyle, 16225 North Drive, La Pine, testified. He asked if there was a long term contract with Mr. Giesler to keep costs down. Susan Mayea responded by saying that the State would always own the property because the State would not sell it. Mr. Giesler would need to be reimbursed for the research and all the work that he had done. Mr. Giesler would not run this water district. A Board of the Water District would be responsible for running the district and setting fees. In order to receive Federal grants, the water district had to charge a comparable rate of what the rate was statewide. The average rate in the state was about $28 per month. She felt it would be about $19.50 per resident depending on the usage. Jill Phillips McLane, Chair of the La Pine Community Act}on Team, testified in support. She felt the development of a water department was part of the La Pine Community Strategic Plan. Susan Mayea reported the water district boundary would be the same at the Urban Unincorporated Area and the Rural Service Center. Pat Mc Vicker testified in support of the water district. He stated this would increase fire safety with water readily available to fight fires. He stated he was able to serve 500 - 600 gallons per minute of fire flow, but buildings that are MINUTES 3 OCTOBER 23, 1996 0156-1253 the size of the fire hall need at least 1,200 - 2,000 gallons per minute. He felt the new water district would provide this amount. Allan Dole, 52563 Lost Ponderosa, asked if everybody would be required to sign up and what the connection fee would be for this service. Susan Mayea reported that issue had not been completely resolved yet, but the most effective service was when everyone was required to sign up. She stated they were hoping to get grant money to cover the cost of the connection fee. Sterling Benzel asked a question regarding the additional well being needed in 10 to 15 years. He felt the Russell well should be considered for the future site, if one was needed. Agnes Bird testified in opposition of the water district. She stated she did not want to hook up the water system. She had not wanted to hook up to the sewer but she ended up having to do that. She stated she could not afford $1,075 for the hook up fee. She opposed the addition of the chlorine. She felt this water system was to help Mr. Giesler to develop a 40 acre piece property right next to hers. She was on a very limited income and felt it was a hardship on her. Commissioner Nipper responded by saying that there was going to be some grant money to provide for the hook up cost. Susan Mayea provided background on the work Mr. Giesler had done. Patrick Giesler, certified engineering geologist, reported he had worked in La Pine for about 26 years. He stated the County had taken up the battle for a water district, not at all on his behalf, but because of what they saw as a need that existed for the other people that were living in La Pine. He stated he was capable for developing the water source that he needed for his project. He felt it was important that the community address the issue of safe drinking water. When trying to find a suitable water supply for his project, it had become a great concern. He felt there was a feeling by people in the greater Bend area, that it was La Pine's problem so let them take care of it. He didn't feel it was the people in La Pine's fault, but a geological problem. He discussed La Pine Post and Pole, which burnt down. When this burned, there was dioxane released into the air and the ground but no dne knows how much. When it rained or snow melted, with the shallow water table, the contaminates get into the water supply quite easily. He stated diaxone causes birth defects and cancer. Gasoline contains lead, when a car drives down the road it emits lead out and it settles on the ground. When it rained ___ MINUTES 4 OCTOBER 23, 1996 0156-1254 or snowed, the lead gets into the water supply. Lead causes birth defects, makes your hair fall out and brain damage. A pesticide has been used against ants remains in the ground for years, and it too can be found in the water. This causes liver cancer. If you use diazanon on your lawn to kill moths, soon it will be in your water supply. The contamination comes quickly. The biggest effect is on small people or unborn babies. He discussed the issue of people passing through town who drink water here, but suffer the consequences without knowing where the problem came from. He felt the County wanted to do this water district because they didn't want to have a privately owned water district. His project would either have its own water supply or they would hook up to the water district, but he did not feel comfortable serving the water here in town to the people in his development. Susan Mayea stated the connection fee would be about $1,100 each. John Boyle asked about the septics and the water. He stated he would like to see the report on the quality of the water. He stated that if the water system was so bad, why would Mr. Giesler want to build a 150 home development. He discussed trying to get a system for a small piece of property which was difficult. He would like to see water and sewer in La Pine. Diedre Malarky stated she was the Regional Project Problem Solver. She stated she would provide Mr. Boyle with a copy of the report which was done by the Oregon Department of Environmental Quality. She stated the water problem was with the shorter wells of only 20 feet down and some problems with wells up to 50 feet. Mr. Giesler's well was a deep well going down into another aquafer. Mr. Giesler stated his well was 180 feet deep and at a higher elevation which puts in a completely different aquafer. Neal Russell stated even if the water was not contaminated before, the people in La Pine had created our own problem in the last dozen years. Every parking lot has a 10 foot well. Pat Giesler's well was 2 1/2 miles out of La Pine and he felt it was the best choice. Dennis Richardson asked about the boundaries of the proposed water district. If a parcel borders that black boundary line, but was also in the yellow, would they still be served with water. George Read stated it was not impossible to extend water systems outside those areas, but you could go through some hoops to accomplish that. He would hate to see the water MINUTES 5 OCTOBER 23, 1996 0156-1255 district being held up while we tried to extend the water district boundary. Sylvia Shields testified in support of the water system. She wanted to know where the La Pine Post & Pole was located. She stated this company never burnt down but there was fire in a truck. She stated there had never been any contamination in their ground water or drinking water caused from this company. She felt the problem was caused more from the close proximity of sewer and water systems on properties. She felt that there was a great need for a water system because of the paving in the La Pine and more people living here. Allan Dole asked how many people or parcels would be involved. He felt the cost per hook up was excessive. Susan Mayea stated we are starting from scratch so the costs may seem high. Pat McVicker expressed a concern about the master plan. He suggested the feeder line be sent up Huntington Road rather than along Highway 97. Commissioner Nipper asked how far was it and Mr. McVicker stated it was about 1 mile. Susan Mayea stated they were looking at extending the sewer system to Wickiup. The County would need to get an easement from the Bureau of Land Management. Pat McVicker expected the privatized unit west would develop out. He felt the feeder line that goes up Highway 97, would be of no benefit to those areas. He felt there would be an additional cost of a feeder line in the future. Commissioner Nipper felt that there would be no development along 97. If the feeder line was placed on Huntington Road and development took place, there was always the possibility of safety hazards. Patricia Wishon expressed concern about the boundary area. She was thinking about developing some of her property, and wondered if she would be able to hook up to the water system. Dennis Luke stated Lane County had come in with a proposal to change the rules for their county. If Deschutes County would come up with a proposal for some kind of guidelines of how people could get into this district, he would introduce it. George Read addressed the issue of the Urban Unincorporated Areas being expanded. MINUTES 6 OCTOBER 23, 1996 0155-1256 There being no further testimony, Chair Schlangen closed the public hearing. Before the Board of was signature of a Road Dedication for 15th Street/Quince Avenue. NIPPER: I'll move signature of road dedication for 15th Street and Qince Avenue. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES Before the Board was a decision of whether to hear the appeal of the Hearings Officer's denial of a site plan for Lost Tracks Golf Course Clubhouse, parking area and maintenance building. Paul Blikstad reported A-96-19 and A-96-20 were before the Board on appeal. Both of these matters had been before the County Hearings Officer. The Hearings Officer's denied both site plans. The site plan was not consistent with the open space requirement for the planned unit development. The two buildings in the parking lot was not considered open space. The first appeal was the applicant's appeal of the denial for the clubhouse and parking area. It was the applicants belief that the 65% open space issue had been resolved. The applicant, in his notice of appeal, stated that he believed the approvals recognized the golf course as open space which included the two buildings and the parking area. The applicant also state that if the amenities were not recognized as open space, they felt it showed that the open space requirement could be met with the platting of Phase 3 of Sunset View Estates. Paul also reported the maintenance building appeal was submitted by the opponents through Dan Van Vactor. The appeal on the maintenance building was based on two issues. They believed the Hearings Officer could not grant the applicant special lead to reapply for a denied site plan which was based on the 6 month requirement and our procedures ordinance for reapplication. They also did not want the Hearings Officer's decision to be a standard for how the open space requirement could be rectified. MINUTES 7 OCTOBER 23, 1996 0156-125'7 Kevin Harrison felt the original conditional use permit was for the described planned unit development. He stated on that planned unit development, they said it was going to be a residential subdivision, a golf course, a clubhouse, and a maintenance building. The residential subdivision and the golf course was layed out on that plan, but the location of the maintenance building was never specified on the plan and the size of the buildings was never specified. The opponents have argued all along that there was a defect in the underlying condition use permit because the location and size of those two facilities were never specified. In order to rectify the situation you would have to go back to the original conditional use permit and show where and how big those buildings were. Commissioner Nipper felt the Hearings Officer had the capability of adjusting things in order to address the issue of the size and location of the clubhouse and maintenance building. Paul Blikstad stated the clubhouse and maintenance building were shown in a general location on the conditional use application, but not specific in size. Commissioner Schlangen felt that when they platted Phase 3, they had areas where they could very easily meet the 65% open space requirement. Rick Isham asked if it was the position of the opponents of this that there was a fatal flaw and they wanted the applicant to start over. Paul Blikstad stated this was what it looked like to him. He felt that was what the opponents felt was necesary. Commissioner Nipper asked if the appellant or applicant wanted a de novo hearing. Paul Blikstad stated the appeal by Dan Van Vactor did not request a de novo appeal. Commissioner Schlangen stated she could see going back to change the special condition, she felt the County had addressed the 65% open space. Commissioner Nipper asked if there could be a provision stating that the 65% open space must be addressed in the development of Phase 3. George Read felt that could be imposed as a condition of approval. He stated their concern was regarding the relocation of some part of the plat that effected the road. MINUTES 8 OCTOBER 23, 1996 C Vj6-1 58 The appellants are saying that since we did not provide notice of some small change in the plat, they are saying that it was a defective plat. The major concern was the road location. George Read stated that some extent almost every plan is somewhat different because of rock outcroppings, etc. Commissioner Nipper asked if the Hearings Officer addressed that issue, in terms of the time allotment, and agreeing to limit the hours of operation. Paul Blikstad stated if they did agree to it, it was only verbally at a hearing. He stated the applicant had given up on the full service restaurant with a bar. Commissioner Schlangen stated they had come back with a different proposal every time. The appellants keep coming up with different demands. Rick Isham asked if there was a de novo hearing, would some of these issues be addressed. George Read stated yes, but the down side of that was that the opponents have some case law that was problematic regarding notice. He felt there may be a potential notice deficiency that may affect the outcome of this. George stated he could see the Board having a hearing then there would be a remand and the hearings would have to be held all over again. Rick Isham stated there was one requesting a de novo hearing and one on the record. The Board has the choice of declining review. Rick stated the alternative would be to accept de novo on both of them even though that was a different review than our ordinance. George stated there was 120 day problem with the maintenance building which was on November 14, 1996. He pointed out that the applicant did not appeal the maintenance building. Rick Isham felt it would a disservice to decline review. He felt the Board should hold a hearing on the clubhouse that would be de novo and the maintenance building would be on the record. George Read felt if the Board was going to hear these issues, they should both be heard de novo. NIPPER: I move that we hear the appeal of the Hearings Officer's denial of site plans for the Lost Tracks Golf Course clubhouse, parking area and maintenance building de novo. MINUTES 9 OCTOBER 23, 1996 MINUTES 10 OCTOBER 23, 1996 0156-1259 SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES Date for the hearings will be determined later. 9. APPOINTMENTS TO THE BOARD OF EQUALIZATION POOL Before the Board of was appointment of Ron Walker, Tom Harris, Sherry Christoffersen, Joseph Stupfel, Gary Watts and Bob Fischer to the Board of Equalization pool. NIPPER: I'll move appointments to the Board of Equalization pool for Deschutes County. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES 10. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $633,821.15. NIPPER: I'll move approval subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES 11. SIM TM OF ORDER NO, 96-1084 AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 96-108, authorizing the refund of taxes. NIPPER: I move signature of Order No. 96-108, authorizing the refund of taxes. SCHLANGEN: I'll second that motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED NIPPER: YES MINUTES 10 OCTOBER 23, 1996 0156-1260 12. SIGNATURE OF LIQUOR LICENSE FOR MT BACHELOR SRI & SPORT AND SUNRISE SRI SHOP Before the Board was signature of Liquor License for Mt. Bachelor Ski & Sport and Sunrise Ski Shop. NIPPER: I'll move signature of liquor license for Mt. Bachelor Ski & Sport and Sunrise Ski Shop. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: SLAUGHTER: NIPPER: DATED this 23 day of October, 1996, by the Deschutes County Board of Commissioners. AT T: Recording Secre ary Nancy Pop 'Scl angeri, Chair Barry H. Slaughter, Commissioner - Afwle�v 4f -2� �- � Rob6rt L. Nipper, C6&issioner MINUTES 11 OCTOBER 23, 1996