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1997-26746-Minutes for Meeting May 07,1997 Recorded 7/25/199797-26746 016211719 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONER�ia `y�1 R', 2: 10 Wednesday, May 7, 1997 Chair Nancy Pope Schlan en called the Board of Count � s���. rs'" P g Y-, meeting to order at 10:04 a.m. County Commissioners present were: Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Mike Maier, County Administrator; and Bob Cannon, Acting County Counsel. 1. PRESENTATION OF CERTIFICATES OF ACHIEVEMENT FOR BEND ODYSSEY OF THE MIND STUDENTS Commissioner Nipper presented Certificates of Achievements for the Bend/La Pine Odyssey of the Mind students along with $252.00, donated by County employees, towards their expenses to participate in the world competition. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 2. 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 the 4-H/Extension County Service District in the amount of $4,610.45. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 3. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the 9-1-1 County Service District in the amount of $1,017.51. NIPPER: Move approval. SWEARINGEN: MINUTES 1 Second. MAY 7, 1997 -1'UA' � 1997 4. 5. 6. 0162=-1720 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT 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 $173.17. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Bend Library County Service District in the amount of $3,592.40. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) approval of Deschutes County Ambulance Service Area Plan; 2) signature of Resolution No. 97-039, transferring appropriations within the 1996/97 Deschutes County Budget; 3) signature of Addendum to Lease with Dean Kine for the Corrections Department; 4) signature of Consent to Annex new Fairgrounds Site into the City of Redmond; 5) signature of Addendum to Lease with Cascade Praise Cathedral for the old MINUTES 2 MAY 7, 1997 7. 0162=-1721 Armory Building; 6) signature of Mylar for a partition to create two parcels of 94 -acres each on Three Creeks Road, 5 1 miles South of Sisters, for Bill Reed; 7) signature of Partition Plat MP -96-20, a two lot partition located at 15865 Barclay Drive, Sisters, for George Tosello; 8) signature of Partition Plat MP -96-32, a two lot partition at 67422 Trout Lane, Bend, for Darla Nanomantuke; 8) appointment of Michael Stough to the Fall River Estates Special Road District Board of Directors; and 9) appointment of Barbara Lee and reappointment of Len Mathison and Ron Nelson to the Deschutes Mitigation and Enhancement Committee. NIPPER: I'll move approval of consent agenda items. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES PUBLIC HEARING: ON LUBA 96-019, REMAND OF THE COUNTY'S DECISION ON A-95-201SP-95-60, SITE PLAN REVIEW FOR THE LDS CHURCH AT 60080 TEKAMPE ROAD Before the Board was a public hearing on LUBA 96-019, remand of the County's decision on A-95-20/SP-95-60, site plan review for the LDS Church at 60080 Tekampe Road. Damian Syrnyk read into the record the preliminary statement for land use action hearings. Damian reviewed the two main criteria applicable to this hearing. The public hearing would be conducted as follows: staff report of prior proceedings, applicant may make presentation, opponents will be given the opportunity to make a presentation, rebuttal will follow, and staff may make closing comments. Damian then asked if any of the County Commissioners had any prehearing contacts to declare. Commissioner Schlangen: None Commissioner Nipper: None regarding this issue. Commissioner Swearingen: None Damian then asked if the County Commissioners had any exparte observations or facts regarding this appeal. Commissioner Nipper stated he had a Bryant, Lovlien relationship on another matter. MINUTES 3 MAY 7, 1997 0162=1'722 Commissioner Schlangen stated she had none. Commissioner Swearingen also stated she had none. Damian Syrnyk then stated that any party may challenge the qualifications of the Board of County Commissioners of bias, prejudgment or personal interest. If there was a challenge from the audience, it would need to be documented with specific reasons supported by facts. Commissioner Nipper stated he was currently being represented by John Burge, who worked for Bryant, Lovlien, in another matter. No challenges were forthcoming from the audience. Damian Syrnyk provided a staff report. He stated the property was located at 60800 Tekampe Road, Tax Lot 600, zoned multiple use agricultural which does permit a church as a conditional use in the MUA-10 zone. Prior to the hearing notice was sent to parties on April 3, 1997. Damian stated the key issues were the size and the height of the church, and whether the church that was approved by the Board on the site plan review was the same church that had received approval through conditional use permits CU -93-119. The decision of LUBA indicates that the church approved under the conditional use permit was 12,000 square feet, plus or minus, and 29 feet in height. Damian pointed out that the record included documents that indicated a clear height of the church as 28 feet 8 inches. Bruce White clarified that the issues that could have been appealed on the conditional use permit or the site plan, but were not appealed to LUBA and remanded, were not before the Board. He stated that issues that were appealed to LUBA and resolved against the petitioners and not taken further were not before the Board either. Dan Van Vactor objected to an oversized document being submitted into the record because in the record that went to LUBA, it was submitted as a 8 1 x 11 document from which you could compute the size of the church. He felt it was critical because on the 8 J by 11 you would not be able to compute any scale. He felt this was important was because the conditional use permit that was heard by the Hearings Officer had to be supported by findings and those findings had to be adopted at that time and based on the hearing that had occurred. He stated there was no tape of that hearing. Bruce White asked what the difference was between the oversized document and the 8 1 x 11 that went to LUBA. Dan MINUTES 4 MAY 7, 1997 0162L-1723 Van Vactor stated that it did not go to LUBA. Bruce White felt it was a hypertechnical argument. Damian Syrnyk stated there was a written record to LUBA which included photocopies on 8 J x 11, and also, sent under separate cover, copies of the four oversized exhibits. Arley Holm testified that included in the staff report was a 12,000 square feet plus or minus, and 28 feet 8 inches in height church at the hearing. He did not remember this particular site plan. He said Hearings Officer Fancher stated at the hearing that the site plan was very inadequate. Dan Van Vactor stated he would object to speculation regarding the size of the church. Bruce White asked Mr. Van Vactor to show how the 8 1 x 11 was different from the oversized document. Dan Van Vactor stated the size was different from the one submitted in the LUBA record. Sharon Smith, for the applicant, felt the record before the Board was the record that was created in this application file. The conditional use file was incorporated by reference into the site plan application at Mr. Van Vactor's request during the process. She believed the oversized exhibit was part of the record before the Board and felt it was part of the record before LUBA. She felt the size of the church could be calculated from the 8 1 x 11. Damian stated he had one goal which was to figure out where the square feet of 12,000 plus or minus came from. He stated that in the documents from the conditional use record there was no reference in the initial burden of proof or any other document that says here's how you determine the size of the building. Chair Schlangen opened the public hearing. Sharon Smith, attorney for the applicant, stated they were here today to follow LUBA's direction. She felt that LUBA had directed the Board to make findings explaining why the Hearings Officer's conclusion that 13,660 square foot church 33 feet high was essentially the same in size and height as that approved in the conditional use. If LUBA had intended that the only way you could approve a church larger than 12,000 plus/minus square feet and 29 feet high, they would have reversed the decision and said the only way this could have bene done would have been by amending the conditional use approval. LUBA said without findings explaining why the hearings officer concluded what she did, they could not MINUTES 5 MAY 7, 1997 4162-1'724 confirm it. Sharon Smith reported she drafted proposed findings which were in the Board's packet. Commissioner Swearingen stated she could deal with the fact that the church submitted a site plan and based on the scale, they really meant 13,660 square feet. She felt that made sense and it was part of the record. She had real trouble with the fact that the church was specific on the height at 28 feet 8 inches and now it was 33 feet. She felt that was a big difference. Sharon Smith reviewed the criteria for the height allowed for churches. Sharon Smith stated the hearings officer did address the height criteria and concluded that the proposed church met that criteria. Sharon Smith referred to pages 518 and 519 of the record where the original conditional use set forth that specific ordinance criteria. She felt it was up to the Commissioners to decide whether or not they agreed with the Hearings Officer's conclusion that the church can be 33 feet. Dan Van Vactor testified that at the conditional use approval, the applicant did not seek site plan approval. Dan stated the site plan review finding that the Hearings Officer made said the applicant had elected to not seek site plan approval. Bruce White asked if this church was at 12,000 feet, would the neighbors appeal that too. Dan Van Vactor felt the maximum would be no bigger than 13,500, if it ended there and the conditional use was modified, with a height of 30 feet or less. He felt there would have to be some fine tuning. Bruce White stated that if the church wanted to expand they would have to come back for a conditional use approval. Arley Holm testified in opposition to the church size. He questioned the church testifying to the size of the parcels. Christen M. Brown, 20950 Knott Road, testified that he did not object to that building as long as it was under 30 feet and 12,000 square feet. He had very carefully reviewed the planning documents of the county when he bought his piece of property. He considered the plus/minus to be 5% as the material limit. He felt 13,660 compared to 12,000 square feet was close to adding the size of a small home. Dan Van Vactor stated the computation of the square footage noted on the 8 1 x 11 was information that the Hearings Officer was not privy to as it was computed later. Bruce White recommended leaving the record open for one week. MINUTES 6 MAY 7, 1997 0162=1725 Sharon Smith requested the record be left open for legal argument. Chair Schlangen stated the record would be left open until May 14, 1997, with the decision to be made on May 21, 1997. 8. SIGNATURE OF CONTRACT WITH CROWN PACIFIC TO LOG 40 -ACRES IN LA PINE INDUSTRIAL PARK, NUNC PRO TUNC TO APRIL 30, 1997 Before the Board was signature of a contract with Crown Pacific to log 40 -acres in La Pine Industrial Park, nunc pro tunc to April 30, 1997. SWEARINGEN: I move signature of contract with Crown Pacific. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 9. SIGNATURE OF RESOLUTION NO, 97-061, URGING VOTERS TO APPROVE MEASURE 50 Before the Board was signature of Resolution No. 97-061, urging voters to approve Measure 50. NIPPER: I move signature of Resolution No. 97-061, urging the voters to approve Measure 50. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 10. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $169,561.37. SWEARINGEN: NIPPER: VOTE: Move approval subject to review. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 7 MAY 7, 1997 0162-1'726 11. ,SIGNATURE OF RESOLUTION NO 97-056, TRANSFERRING APPROPRIATIONS WITHIN THE 1996/97 DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 97-056, transferring appropriations within the 1996/97 Deschutes County Budget. SWEARINGEN: I move signature of Resolution No. 97-056. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 11. SIGNATURE OF PARTITION PLAT MP -97-4, A TWO LOT PARTITION LOCATED AT 8531 W ANTLER AVENUE, REDMOND, FOR KERMIT BOTHUM Before the Board was signature of a partition plat MP -97-4, a two lot partition located at 8531 West Antler Avenue, Redmond, for Kermit Bothum. NIPPER: I'll move signature of partition plat MP-97-4- SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. SIGNATURE OF LIQUOR LICENSE FOR LA PINE THRIFTWAY Before the Board was signature of a Liquor License for the La Pine Thriftway. NIPPER: I'll move signature of liquor license. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 13. SIGNATURE OF CHANGE ORDER FOR THE NEW ADMINISTRATION BUILDING Before the Board was a request for approval of a Change Order in the amount of $10,110.66. Eric Swansen requested the Board sign a Change Order for Administration Building #2 in the amount of $10,110.66. He reported this was for elevator disconnect switch plus fire and smoke dampers in the ventilation system. MINUTES 8 MAY 7, 1997 SWEARINGEN: NIPPER: VOTE: So moved. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 7th Day of May, 1997, by the of Commissioners. jI AT T: cording Secretary MINUTES 9 MAY 7, 1997 0162=1727 chutes County Board /� ) 24 � Rob t L. Nipper, Commi ner inda L. Swe ringen, Commissioner