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48-356-Minutes for Meeting July 06,1983 Recorded 8/4/1983I VOL DESCHUTES COUNTY BOARD OF COMMISSIONERS JULY 6, 1983 - COURTDAY MEETING 41 ! Chairman Young called the meeting to Prante and Commissioner Tuttle were Amendments to the agenda Chairman Young read agenda. There were Resolution #83- 031, a resolu- tion Declaring Deschutes County's policy regarding hydro projects on the Deschutes River and adopting a plan for implemen- tation for the policy - R. Isham Juvenile Services Work- shop Proposal - J. Stiegler Signing of Mental Health Subcontracts - J. Kirkpatrick P 1983 OW*t%t ::00 A.M. Commissioner also r er a CO.; CLERK aloud the amendments to the no changes or additions. MOTION: TUTTLE moved to adopt Resolution #83-031. PRANTE: Second Commissioner Tuttle explained that there are some small-scale hydro projects that are not under the licensing jurisdiction and those need to be recognized when implementing an ordinance. These do not require diversion or dam. Commissioner Tuttle suggested that staff be directed to consider these when the process is being implemented. He also wanted to clarify that the study period will be only for the period of time necessary to complete the study. Commissioner Young explained that the applicant will be required to submit the burden of proof and meet the criteria. VOTE: UNANIMOUS APPROVAL This item was continued for two weeks. MOTION: PRANTE moved to sign the contracts. TUTTLE: Second Commissioner Tuttle declared a conflict of interest because he had worked with the Opportunity Foundation on a subcontract. VOTE: YOUNG and PRANTE were both in favor, TUTTLE abstained. Vacancies on Neil Hudson explained that there is one vacancy and Solid Waste one person who would like to step down from the Advisory committee. Neil recommended that John Spieger be Committee - appointed t o the committee. Neil also explained that N. Hudson there were some persons whose terms will expire and recommended that Kim Ward and Rob Currie be reappointed with the term exp iring on June 30, 1985. MEETING MINUTES, Page 1 VC, 1 k 4w C, "NvC r_ 0 g7 MOTION: PRANTE moved to appoint John Spieger to the advisory committee. TUTTLE: Second VOTE: UNANIMOUS APPROVAL MOTION: PRANTE moved to reappoint Kim Ward and Bob Currie for the term to expire June 30, 1985. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Refund of MOTION: PRANTE moved to approve the refund orders. Taxes Orders TUTTLE: Second #83-194 - VOTE: UNANIMOUS APPROVAL 83-200 - H. Rastovich MP-83-4, MOTION: PRANTE moved to sign Minor Partition, Brooks MP-83-4, Brooks Resources. Resources - TUTTLE: Second (C. Smith) VOTE: UNANIMOUS APPROVAL MJP-82-3, MOTION: TUTTLE moved to sign Major Partition, Tom Kalebaugh - MJP-82-3, Tom Kalebaugh. (L. Bernhardt) PRANTE: Second VOTE: UNANIMOUS APPROVAL IT WAS THE CONCENSUS OF TIME. Award of Because Bids for this bi Public Works Dump Trucks - MOTION: R. Isham VOTE: THE BOARD TO MOVE TO AMENDMENT #1 AT THIS the oral notice of appeal was withdrawn on d, it was decided to award the bid. TUTTLE moved to award the bid to Far West Truck Center in Eugene. PRANTE: Second UNANIMOUS APPROVAL OLCC Liquor This application needed to be endorsed by the License Sheriff's Department so it was decided to postpone for Application two weeks to get that endorsement. for Hook, Wine and Cheddar MEETING MINUTES, Page 2 r7 t; IT WAS THE CONCENSUS OF THE BOARD TO MOVE TO AMENDMENT #2 AT THE TIME. Signature Neil Hudson, Director of Public Works, explained that of Stipu- this road will be the ultimate access into Sunriver lations for off of Highway 97. After the road is built the Forest the new East Service will give the County a permanent easement. Access to Sunriver - MOTION: PRANTE moved to sign the stipulation. N. Hudson TUTTLE: Second VOTE: UNANIMOUS APPROVAL Reqeust for Before the Board of County Commissioners were 4 refund - requests for refund in the amounts of $35 to James Community Karns; $30 to William & Sandra Porter; $30 to Francis Development Dwyer; and $140 to Pietro's Gold Coast Pizza Parlor. Department Reaffirmation Chairman Young read aloud a letter that was received of Support of by the Board's office requesting an extension with the Riverhouse II Economic Development Commission within which to obtain Project industrial revenue development bonds for the development of the Riverhouse II project. MOTION: PRANTE moved to initiate a letter in support of the Riverhouse II Project. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Declaration Chairman Young explained that this would dedicate of Dedication a right-of-way easement for public roadway and on Negus Road utility purposes. MOTION: PRANTE moved to accept the right-of-way declaration of dedication. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Declaration Chairman Young explained that these two declarations of Dedication of dedication would dedicate a right-of-way easement for Lawrence for roadway and utility purposes. Clausen and Beatrice MOTION: TUTTLE moved to accept both of the Clausen - declaration of dediction for Lawrence Clausen G. Read and Beatrice Clausen. PRANTE: Second VOTE: UNANIMOUS APPROVAL MEETING MINUTES, Page 3 t 0 Commissioner Tuttle suggested that the Board endorse the earlier OLCC Liquor license for Hook, Wine and Cheddar subject to the endorsement of the Sheriff. MOTION: PRANTE moved to approve the OLCC Liquor License for Hook, Wine and Cheddar subject to the endorsement of the Sheriff. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Resolutions Jim Curtis, Oregon Department of Economic Development, Relating to explained that a revolving loan fund has been Oregon Business established for small businesses. The proposals Development before the Board are companies who are going to expand Fund Project and increase employment. Proposal - L. Tuttle MOTION: PRANTE moved to sign the resolutions for J. Wm. Derr, LTD.; Paulina Lake Lodge; Oregon Equipment; Donald H. York; and Science Properties, Inc. (Bend Research). TUTTLE: Second VOTE: UNANIMOUS APPROVAL Receipt of Rick Isham, Legal Counsel, stated that a proposal Financial letter had been sent out to three financial Proposals - consultants regarding proposed activities. Mr. Isbam R. Isham submitted the proposals received from the consultants to the Board for their review. There will be discussion of this matter on July 20th. Discussion Mr. Isbam explained that there are a number of contracts of Home mostly on an hourly basis, who have been contracted Health Agency to provide services. It is requested that the Board Contracts - authorize these contracts. These are all contract R. Isham renewals with a few minor changes in fees. MOTION: TUTTLE moved to approve the contracts after review from County Counsel at the rates stipulated. PRANTE: Second VOTE: UNANIMOUS APPROVAL At this time Chairman Young recessed the meeting until 1:45 P.M. 1:45 P. M. Chairman Young explained that the hearing had been KBND Appeal held and no additional testimony would be heard. Hearing There were two possible actions by the Board which Decision would be a motion to accept the appeal and deny the site plan and adopt the findings of fact as presented, or to deny the appeal of the site plan and adopt the findings of fact of the Hearings Officer. MEETING MINUTES, Page 4 f VOLJ ,pG,. MOTION: TUTTLE moved to deny the appeal and approve the findings of fact of the Planning Commission and Hearings officer allowing the site plan to stand. PRANTE: Second VOTE: UNANIMOUS APPROVAL At this time Chairman Young recessed the meeting until 2:00 P.M. 2:00 P.M. Chairman Young reconvened the meeting at 2:00 P.M. Conditional He outlined the rules of the hearing and called for Use Appeal any challenges of the Board's capability to hear this Hearing, appeal. There were none. Scott Oakley Craig Smith, Planning Staff, summarized the background of this application and read the staff r eport. He provided the Board with a complete copy of the record. Chairman Young opened the hearing. Scott Oakley, 1022 N. W. Union, Bend explained that he had purchased this house eight months ago and it had to be moved in order to keep it from being torn down. He stated that it was in sound structural shape according to Deschutes County Building Department. Before moving the house he spoke with the Planning Department. He explained that he had fully intended to make all necessary repairs to the house. He has put on a new roof and put up siding. He stated that the Planning Staff approved the structure with the necessary repairs that needed to be made. He asked that the Board go along with the Planning Staff and the Hearings Officer and approve this conditional use permit. At this time the hearing was opened for the testimony of the opponents of this application. Dan Ahern, 20640 Mary Way, Bend, stated that this building is not worth putting any work into to bring it up to the standards of the neighborhood. The majority of the lumber has rotted and the things that the Building Department has required be done are not enough. He felt the building should be completely redone. He stated that this would be a bad precedence for the County to be following. MEETING MINUTES, Page 5 VOL W. B. Stokes, 63391 N. E. Omer Drive, Bend, stated he lives three blocks south of the parcel in question. On March 23, 1982 he stated that this structure had been moved onto the lot and after questioning the movers he found out that there was no permit. He contacted George Read, Planning Staff, who said there wasn't a permit and he would turn this over to the Enforcement Officer. He then contacted the Enforcement officer who said that the structure had been red tagged. The next contact they received regarding this situation was a notice from the Planning Department of the hearing. He felt that his rights were violated because this structure was placed on the property without a permit. Gloria Ahern, 20640 Mary Way, Bend, expressed her concern that there are remaining lots in this area and if the application is approved it would be establishing a precedence. Tim Russell, 63394 Omer Drive, Bend, submitted to the Board a statement from his realtor, who is a licensed broker, stating that this house is a sub-standard structure for this area, and it will in fact depreciate the value of the surrounding homes. He explained that there is not septic permit issued for this lot other than the blanket feasibility done on the subdivision. If the decision is made to allow the house to remain on the property, he felt that Mr. Oakley should immediately obtain his septic tank permit. He felt that it wouldn't be possible to bring this house up to the standards of the area. Honey Searcey, 20628 Obie Way, Bend, came forward and submitted to the Board signatures of people opposing this structure, pictures of the structure, and pictures of the surrounding homes. She suggested that if this is approved, a bond should be required to guarantee all of the requirements or removal. Mike Searcey, 20628 Obie Way, Bend, came forward in opposition to this structure. He stated that in the Hearings officer hearing some people were not allowed oral testimony, while the applicant was allowed this oral testimony. He continued that the Hearings Officer changed the CC&R's of this subdivison by allowing Mr. Oakley a carport. He stated that this structure is not livable and was a fire hazard and safety hazard for the neighboring children. MEETING MINUTES, Page 6 At this time was the proponents rebuttal. Mr. Oakley stated that in answer to question about the septic feasibility, he explained that Jay Langley had inspected his property and it was determined to be feasible for a septic tank and drainfield. He stated that he planned to obtain financing for the repairs to be made on the structure. At this time the opponents were given a chance for rebuttal. There was none. Chairman Young closed the hearing. It was the concensus of the Board to announce their decision on this appeal at 1:45 P.M. on July 20th. DESCHUTES COUNTY BOARD OF COMMISSIONERS ALB RT A. YOUNG, AIRMA ' M K/1 v `L IS RISTOW PRANTE, COMMISSIONER LAURENC"E A. TTJTTLE, COMMISSIONER MEETING MINUTES, Page 7