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1997-37278-Minutes for Meeting July 09,1997 Recorded 10/8/199797-37278 0163-0596 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS July 9, 1997 Acting Chair Robert L. Nipper called the Board of County Commissioners Meeting to order at 10:09 a.m. County Commissioners present were Robert L. Nipper, Linda L. Swearingen, and Nancy Pope Schlangen. CONVENE AS THE 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 was approval of weekly accounts payable vouchers for 4-H/Extension County Service District in the amount of $501. SWEARINGEN: So moved. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. 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 $11,560.90. NIPPER: SWEARINGEN: VOTE: I move approval of the weekly accounts payable vouchers for Deschutes County 9-1-1 Service District. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 1 JULY 9, 1997 MICROFILMED O L T 15 997 �r w a C) �c M co �v [7 M -v �s 'j ray4C"'D 0(;I'() �9 I997 . 0163=0597 CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 3. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Boyd was approval of the weekly accounts payable vouchers for Bend Library County Service District in the amount of $1,808.40. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 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 Sunriver Library County Service District in the amount of $239.08. NIPPER: Move approval. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY SERVICE DISTRICT 5. ,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 $233.60. SWEARINGEN: So moved. NIPPER: Second. MINUTES 2 JULY 9, 1997 6. 7. 0163=0598 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $285,660.24. SWEARINGEN: Move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Resolution No.97-095, initiating Limestone Local Improvement District within Whispering Pines Estates; 2) signature of Order No. 97-106, abandoning/denial of River Woods Circle Local Improvement District; 3) award of cinder haul contract to 4R Equipment in the amount of $54,000; 4) signature of Resolution No. 97-093, authorizing the purchase of one D -H Caterpillar crawler; 5) signature of Intergovernmental Agreement with Jefferson County for Community Corrections services; 6) approval of yearly Contract for Boating Safety and Law Enforcement Services; 7) approval of Fee Waiver on subsurface sewage repair; 8) signature of Indemnity Agreement for shirt giving, naming and salmon blessing ceremonies; 9) signature of Contract with State Economic Development Department for Terrebonne Water Block Grant; 10) approval of Sisters Community Action Team members; 11) approved out-of-state travel for Patrick Flaherty to attend conference on Domestic Violence in Los Angeles on October 12-15, 1997; and 12) signature of Order No. 97-104, accepting La Pine Sewer District resolution declaring its intent to annex Wickiup Junction and setting a hearing date. SWEARINGEN: NIPPER: VOTE: MINUTES 3 I move approval of consent agenda items. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES JULY 9, 1997 M 9. 10. 0163-0599 SIGNATURE OF AWBREY BUTTE TRANSMISSION SITE SUBLEASE !ASSIGNMENT FROM FIRST MEDIA TELEVISION L.P. TO MEREDITH CORPORATION Before the Board was signature of an Awbrey Butte Transmission Site Sublease assignment from First Media Television L.P. to Meredith Corporation. Brad Chalfant reported this was a standard assignment of sublease from one entity to another. SWEARINGEN: I move signature of Awbrey Butte Transmission Site sublease assignment. NIPPER: I'll second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF RESOLUTION NO 97-101, DECLARING THE INTENT TO EXCHANGE CONTINGENT FUTURE INTEREST WITH BEND METRO PARK AND RECREATION DISTRICT Before the Board was signature of Resolution No. 97-101, declaring the intent to exchange contingent future interest with Bend Metro Park & Recreation District. NIPPER: I'll move signature of Resolution No. 97-101, declaring intent to exchange contingent future interest with Bend Metro Park and Recreation District. SWEARINGEN: Second VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES PUBLIC HEARING ON SIGNATURE OF ORDER NO. 97-026, ANNEXING WIDGI CREEK INTO RURAL FIRE PROTECTION DISTRICT L2 Before the Board was a public hearing on signature of Order No. 97-026, annexing Widgi Creek into Rural Fire Protection District #2. Beverly Wilson reported she had spoken with John Phillips of the State Finance & Taxation Office. She stated that his interpretation of Measure 50 allowed for the districts to have a tax rate instead of a tax base. Therefore the concern the district had about the newly annexed property not being taxable no longer exists. The newly annexed property would be MINUTES 4 JULY 9, 1997 0163-0600 taxed at the same rate as the rest of the properties within the district beginning with the next taxing year. Chair Nancy Pope Schlangen opened the public hearing. There being no testimony, the public hearing was closed. SWEARINGEN: I move for signature of Order No. 97-026. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 11. ADOPTION OF ORDINANCE N0. 97-053, ARRESTEE/INMATE POLICY ON PROPERTY RECEIVING INVENTORY AND STORAGE Before the Board was adoption of Ordinance No. 97-053, Arrestee/Inmate Policy on Property Receiving Inventory and Storage. NIPPER: I will move first and second reading of Ordinance No. 97-053, by title only. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-053, by title only. NIPPER: I'll move adoption of Ordinance No. 97-053. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. ADOPTION OF ORDINANCE NO 97-056, AMENDMENTS/ADDITIONS TO CHAPTER 1.01 OF DESCHUTES COUNTY CODE Before the Board was adoption of Ordinance No. 97-056, Amendments/Additions to Chapter 1.01 of the Deschutes County Code. SWEARINGEN: I move for the first and second reading of Ordinance No. 97-056, by title only. NIPPER: Second. MINUTES 5 JULY 9, 1997 13. 0163-0601 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-056, by title only. SWEARINGEN: I move for adoption of Ordinance No. 97-056. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF GRANT AGREEMENT BETWEEN DESCHUTES COUNTY HEALTH DEPARTMENT AND C.O.A.S.T. Before the Board was signature of a Grant Agreement between Deschutes County Health Department and C.O.A.S.T. NIPPER: I'll move signature on Grant Agreement between Deschutes County Health Department and C.O.A.S.T. subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 14. SIGNATURE OF GRANT AGREEMENT BETWEEN DESCHUTES COUNTY HEALTH DEPARTMENT AND THE RYAN WHITE COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT Before the Board was signature of a Grant Agreement between Deschutes County Health Department and the Ryan White Comprehensive Aids Resources Emergency Act. SWEARINGEN: Move signature of Grant Agreement between Deschutes County Health Department and the Ryan White Comprehensive AIDS Resources Emergency Act. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 6 JULY 9, 1997 01.63-0602 15. SIGNATURE OF RESOLUTION NO 97-098, INCREASING CHANGE FUND FOR THE DEPARTMENT OF SOLID WASTE Before the Board was signature of Resolution No. 97-098, increasing Change Fund for the Department of Solid Waste. SWEARINGEN: I move approval of Resolution No. 97-098. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 16. SIGNATURE OF RESOLUTION NO. 97-099, ESTABLISHING A CHANGE FUND FOR THE DOG CONTROL FUND Before the Board was signature of Resolution No. 97-099, establishing a Change Fund for the Dog Control Fund. SWEARINGEN: Move approval of Resolution No. 97-099. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 17. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $285,660.24. SWEARINGEN: So moved subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 18. PUBLIC HEARING ON REOPENING RECORDS ON COUNTY FILES MA -97-4, A-95-20, AND SP -95-60 ON THE CHURCH OF THE LATTER DAY SAINTS Before the Board was a public hearing on reopening the records on county file MA -97-4, A-95-20 and SP -95-60 on the Church of the Latter Day Saints. Bruce White stated he had spoken with Dan Van Vactor. He stated there may be a misunderstanding regarding whether there would be any testimony taken at this public hearing. MINUTES 7 JULY 91 1997 0163=0603 Sharon Smith, Attorney, on behalf of the applicant stated she did not have any objection to Mr. Dan Van Vactor's request. She stated she was under the impression that the Commissioners had decided to have the hearing and would keep the record open for him to respond. She stated she would be prepared to not make a presentation today and do so at another meeting if that was the Commissioners preference. Commissioner Nipper stated he had a problem with waiting because of all the people that were present to testify today. He felt the Commissioners owed it to them to hold the public hearing. Chair Schlangen reviewed the applicable criteria and the issues that were before the Board today. Chair Schlangen if any Board members had prehearing contacts. Each Board member reported having none. Chair Schlangen asked if there were any challenges of bias from the audience. There were none. Damian Syrnyk stated the purpose of the hearing was to review new evidence submitted by the applicant, the Church of Jesus Christ of Latter Day Saints, that they submitted along with their request to reopen the record on site plan review SP -95- 60 and appeal A-95-20. Damian reported he had put drawings on the board which would be referred to as A2 and A3. He reported that A2 provided east and west elevations of the proposed church which was the subject of the application. Illustration A3 provided the Board with the north and south elevations of the proposed church. He believed that both drawings were drawn to scale of 1/8th inch equaled 1 foot. He stated the drawings dimensions were from the finished floor elevation to the roof ridge of the church which showed the highest point of the roof at 28 feet 8 inches. Damian referred the Board to one page of information provided to them which referred to continuances. He stated he also provided a copy of the notice of the public hearing. Damian pointed out the height the applicant measured on the plans was measured from the finished floor. He has asked the applicant to clarify if the finished floor equaled the finished grade. He stated that if you looked at the definition of height of building in the County Zoning Ordinance, it refers to this measurement as the vertical distance from grade to the highest point of the roof. Grade, in the ordinance, was defined as the average of the finished ground elevations of all walls of the building. When the height of the building was being measured, for the purpose of MINUTES 8 JULY 9, 1997 0163-0604 making sure that a certain height standard has been met, it needs to be measured from the actual finished grade. Damian stated the height of the steeple may come up during the hearing. The County ordinance does include an exception for the height of certain structures such as flag poles and steeples. He stated when he measured it on the plans, the steeple would be about 69 feet from finished floor elevation. He stated there was some information in the record that would indicate the steeple would be approximately 50 feet in height. Commissioner Nipper asked if it specifically said 50 feet. Damian Syrnyk stated it did not say that on the conditional use permit, but it was stated during the original hearing in 1995. Damian stated he was just bringing this to the Board's attention because it may be brought up during the hearing. Bruce White stated the placement of this building on the property was not an issue at this hearing. Chair Schlangen opened the public hearing. Sharon Smith, on behalf of the applicant, thanked the Board for reopening the record. She hoped that by proposing a church that was 28 feet 8 inches, which was specifically stated in the conditional use approval, that they could resolve this matter. She felt the height of the steeple was not an issue at this hearing. She stated the proposed elevation showed a church that was 28 feet 8 inches in height. The pitch of the roof had been changed. Bruce White asked to what pitch had the roof been changed. Sharon Smith stated it was a 5/12 pitch which created less volume in the building. Christen Brown, 20950 Knott Road, testified regarding the elevation drawings dated May 30, 1997. He stated the drawings do not show the existing grade. He reported the grade of the property shown on other plans as 97 and 98 feet in the area. The grade of the floor was shown as 101 feet. He felt that proved the floor line was 3 to 4 feet above grade. He stated the height reduction was to reduce the ridge of the roof from 33 feet to 28 feet 8 inches, a 4 foot 8 inch reduction. He stated that now the floor line was 3 to 4 feet above the existing grade. He stated the net of those two transactions for a skyline approach was 8 inches. He stated he did not consider this to be a forthright effort to comply with the original stated height of 28 feet 8 inches. He stated the previous drawings indicate a future expansion to the east. He stated the additional impact of the roof line needed to be considered. He stated these elevation drawings revealed a substantial view blockage from his property. He felt with the MINUTES 9 JULY 9, 1997 0163-0605 steeple represented as 69 feet in the elevation drawings, but with the height added to the grade differential made its total height 72 to 73 feet above grade. Sharon Smith objected to the testimony regarding the steeple. Chair Schlangen allowed Mr. Brown to continue his testimony. Christen Brown stated he had always been told that the steeple would be approximately 50 feet. He felt that with the plus or minus of 19 feet, plus or minus another 3 or 4 for grade, which was 22 feet total, the height was a significant obstacle to views. He requested the Board to preserve the integrity of the County plan. Arlie Holm, 20889 Knott Road, testified. He had a picture taken from his home of what this church would look like upon completion. He submitted this into the record. He explained how he developed the picture. Commissioner Nipper felt the picture Arlie Holm submitted was very misleading in the way it compared the height of the tree with the height of the proposed church. Arlie Holm stated the power line had been measured at 31 feet. Commissioner Swearingen stated in previous testimony they stated there would be 3 to 4 feet of fill. Arlie Holm stated that on the previous site plan the ground level was at 98 feet, but it was shown today at 101 feet. He felt this indicated that there would be 3 feet of fill. Commissioner Nipper stated it would unusual for someone building to add 3 feet of fill. He felt they would be more apt to cut into the dirt rather than fill. Arlie Holm stated he had never objected to a church being built on that property. He felt the requirements which were stated to minimize the impact on the site should be met. He felt the plans the church had submitted should be labeled in order for everyone to know which plan was being discussed. Commissioner Nipper felt the lower roof height would impact Arlie Holm. Arlie Holm invited everyone to come to his house to see the impact. He further testified that a steeple of the proposed height would draw your eye to that building and would not minimize its impact on the site. MINUTES 10 JULY 91 1997 0103-0000 Commissioner Swearingen stated they could not address the steeple issue. The steeple would need to be addressed in a different forum. Sharon Smith responded to the photograph. She pointed out that it did not show an actual perspective on what the building would look like on this site. It has not taken into account the height difference that you will see over a distance. In addition, she felt it showed the building as having a flat roof line, but in reality it does not. She stated there were several different roof levels on the two exhibits, A2 and A3. She stated she would ask Mr. Barber to describe how he changed the height of the building. She stated there was no intent to mound up a bunch of dirt and put it on top of that. She reported that it was a relatively flat site. There will be some grading and excavation to pour the concrete slab and the roof was measured from the finished grade, which was the grade at the bottom of the wall when it was completed. Ron Barber, Barber, Barrett & Turner Architects, stated the attempt on a flat site would be to grade to the site. He stated there has been no attempt made to build a building pad and then raise the building up 3 to 4 feet. The building sits right on the finished grade. He stated the roof pitch on the main part of the building remained the same. The pitch start point had been moved. The building has less cubic feet in it than it did before. Ron Barber stated they would be taking some dirt out of parking areas to get slope and move it to the building pad area to raise it up to get the required drainage away from the building. The finished floor was set at 101 feet, which means that under the one contour line there may be 3 feet but it diminishes as it goes back out to the parking lots. Arlie Holm stated he had a problem with the reasoning for the additional 3 feet in height. Sharon Smith felt it need to be explained that the site need to be graded out, because the site was not uniformly level, so that some of the higher levels, such as the 101 feet, would be moved so that the site was even, and sloped away from the building for drainage. Mr. Barber stated that they try not to import fill because it was expensive. They would move it from one portion of the site to the other end. Sharon Smith stated the church would be 28 feet 8 inches from grade which was defined in the ordinance under Section 18.04.535. Grade or ground level means the average of the finished ground elevations of all walls from the building. She felt it allowed you to grade the site and then measure from the finished grade to the top of the building. She MINUTES 11 JULY 9, 1997 0163=0607 stated this building will comply with the definition and this building will be 28 feet 8 inches in height. Chair Schlangen stated the record will remain open and the public hearing will be continued two weeks from today, July 23, 1997, at 10 a.m. DATED this 9th day of Jul, 1997, by the Deschutes County Board of Commissioners. 7 AT T: Recording Secr tart' Linda L. SiWari Commissioner MINUTES 12 JULY 9, 1997