1984-90141-Minutes for Meeting August 01,1984 Recorded 8/22/1984DESCHUTES COUNTY BOARD OF COMMISSIONERS
AUGUST 1, 1984 - REGULAR MEETING
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rI A 1' Y SEE` PENNOLLOW
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Chairman Young called the meeting to order at 10:00�A�'. .� missioner
Prante and Commissioner Tuttle were present.
Amendments to Chairman Young read the amendments. A Declaration
the Agenda of Dedication for Hughes Road was added.
Remonstrance Neil Hudson, Director of Public Works, explained that
Hearing on the district was expanded and remonstrance letters
Proposed were again mailed including the expansion. Twelve
Assessment for written objections have been received out of
Road Improve- thirty-two. Mr. Hudson recommended the public hearing
ments in be held to see if there are any other objections.
Glenwood Dr.
L.I.D. Chairman Young opened the public hearing; being no
(action item) testimony, the hearing was closed.
MOTION: PRANTE moved to adopt Order No. 84-221.
TUTTLE: Second
Commissioner Tuttle expressed his concern that
although 51% of the property owners opposing the
project is the legal amount for the project to fail,
he feels that when receiving as many as 38% written
remonstrances on an L.I.D. the County should not
proceed.
Richard Isham, Legal Counsel, stated that the statute
provides that if 51% object to the the project it
automatically fails. If below 51% object to the
project the decision is at the discretion of the Board
of Commissioners.
Commissioner Prante stated that she shares the
concern with the number of objections and asked if the
objections were from the people living there or
absentee owners?
Neil Hudson explained that seven of the twelve
objections are from local people.
VOTE:
MEETING MINUTES - PAGE 1
PRANTE, yes; YOUNG, yes; TUTTLE, no
vo. 55 PaE293
Public Hearing George Read, Planning Staff, explained that several
on Amendment months ago, Mr. Jack Baker from the LaPine area
to PL -15,
applied to amend the ordinance to allow more than one
Allowing
structure on a lot in a commercial zone for future
Shopping
commercial development. Mr. Read continued that under
Complexes as
the current zoning ordinance only one principal
a Conditional
structure is allowed on any lot in the residential
Uses in Rural
zones and commercial zones. In the past, a lot
Service
partition was required to build more than one
Center Zones
commercial structure on a parcel of land, or the
(action item)
structures were required to be connected in some
manner. The Planning Commission recommended that the
Board of Commissioners approve the amendment to the
ordinance, which would allow commercial complexes
subject to a conditional use procedure. The Planning
Commission had several concerns that the uses be
integrated and managed as one unit. Input was
received from the Department of Land Conservation and
Development and Thousand Friends of Oregon, who were
concerned that this proposal would allow major
shopping centers in rural services centers, drawing
people away from the urban growth areas. Mr. Read
continued that in order to address this concern, the
Planning Staff is proposing an addition within the
ordinance (..the proposed shopping complex is
appropriate for serving the needs of the rural
residence of the area and that the proposed shopping
complex will not attract residences outside of the
rural area to be serviced...). This is consistent
with the Comprehensive Plan because the intent of the
Rural Service Center zone is to provide for the needs
of the rural population in the area with some
incidental use by tourists passing through.
MOTION: PRANTE moved to read first and second reading
by title.
TUTTLE: Second
VOTE: UNANIMOUS APPROVAL
Chairman Young read the title of Ordinance No. 84-023
for the first and.second readings. Chairman Young
opened the hearing on the ordinance. Being no
testimony, the hearing was closed.
MOTION: TUTTLE moved to adopt Ordinance No. 84-023.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
MEETING MINUTES - PAGE 2
t
VOL 55 FAGS 294
Public Hearing Claire Carder, Project Manager for Deschutes County
on State Park State Park Master Plan, explained that this plan is
Division a guide for development and management for the State
Master Plan Park for approximately 20 years. The plan is
developed through an inventory of the resources in the
park that currently exist and an assessment of
recreational needs, both local and statewide. Ms.
Carder said that the most important elements in a
master plan are the development plan and the land use
plan. The land use plans are comprised of four
different classifications. Primary protection area is
the most development restrictive classification,
applied to areas constituting important or critical
resources either scenic or recreational. Secondary
protection area is a less restrictive classification
applied to areas of the park where resources are
variable in quality and have variable scenic and
recreational value to the park. Major and limited
development area classifications are where the natural
resource systems are capable of supporting intensive
recreational uses and development without suffering
any adverse impacts. Mr. Carder continued her
presentation by showing slides of the State Parks
included in the master plan, where they are located,
and an outline of facilities. The four State Parks in
Deschutes County included in the plan are: LaPine
State Recreation Area, Cline Falls State Park, Tumalo
State Park and Pilot Butte State Park.
Discussion Dave Peterson, Data Processing Manager, explained that
Regarding Old the County no longer needs the old computer equipment
Computer and an attempt is being made to sell it to the highest
Equipment bidder. Mr. Peterson asked the Board for
authorization to continue negotiating with companies
interested in purchasing the equipment and sell
computers to the highest bidder.
Cooperative
Agreement
Between
Deschutes
County and
the City
of Bend
MOTION: PRANTE moved to authorize Dave Peterson to
proceed with negotiations and sell the
computers to the best offer.
TUTTLE: Second
VOTE: UNANIMOUS APPROVAL
Commissioner Prante explained that the intent was to
use this opportunity to establish some criteria and
guidelines for an ongoing relationship between the
City of Bend and Deschutes County. Commissioner
Prante continued that situations are going to arise
where the County and City need to work cooperatively
in the best interest of the taxpayers of the City and
the County. Commissioner Prante read the agreement.
MEETING MINUTES - PAGE 3
VOL 55 ?ACE 295
MOTION: Commissioner Prante recommended that the
Board sign the agreement as presented by the
City and the County.
TUTTLE: Second
Commissioner Tuttle seconded the motion with the
understanding that discussion about the airport
transfer is separate from this.
VOTE: TUTTLE, yes; PRANTE, yes; YOUNG, no
Commissioner Tuttle stated that he has discussed some
possibilities with Jay Turley, City of Bend, in terms
the specifics of the airport transaction.
Commissioner Tuttle asked if the City is willing to
make a commitment as to some direct offset to this
particular transaction.
Chairman Young said that the agreement says that the
transfer shall be of no cost to either party.
Jay Turley, Assistant City Manager, said that his
understanding of the agreement is that the provisions
that relate to the transfer of properties are
permissive. Mr. Turley said that he feels that there
is flexibility in the agreement for case-by-case
review of requests and conditions could be placed on
the transfers.
Commissioner Tuttle asked Legal Counsel if in the
event of a land exchange the County could request
compensation of some form from the City, either
in-kind services, fees, cash, etc.
Richard Isham explained that this portion of the
agreement was unchanged from the City's draft and it
was his understanding that the intent was.that the
transfer of property was intended to be without going
through the sales process. Mr. Isham continued that
the cooperative ventures in consideration of exchange
was not intended to inhibit compensation.
Chairman Young said that the intent of the agreement
and what the language says is two different things.
Commissioner Tuttle stated that Commissioner Young
raises some issues in the agreement that need to be
clarified.
MOTION: TUTTLE moved to rescind the motion that the
County sign the cooperative agreement.
YOUNG: Second
VOTE: TUTTLE, yes; YOUNG, yes; PRANTE, abstain
MEETING MINUTES - PAGE 4
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Commissioner Tuttle recommended that the airport
issues be discussed at this meeting. Commissioner
Tuttle recommended that for purposes of the airport
exchange the County request the City consider specific
waiving all of the items discussed in paragraph 1 of
the outline in the cooperative agreement, i.e. land
use fees, building fees, and inspection fees, for a
period of one year. Mr. Tuttle asked if the City has
considered a request he made to Mr. Turley that they
consider expending City funds in an cooperative effort
to relocate a waterline that would be to the benefit
of the future overpass on Division Street.
Commissioner Prante also stipulated that the property
would remain in public ownership.
Mr. Turley stated that with regard to the waterline on
0. B. Riley Road, the City did not include in the
budget any allocation for 84/85 to accomplish this
project. Mr. Turley said that they want to work with
the County in relocating the waterline to the extent
they can, but financial resources are going to be
dependent on the kinds of bids received on other
projects. Mr. Turley said at this point there are no
firm dollars available that can be agreed to be
allocated to this project. Mr. Turley said an
agreement for the next budget year is a possibility.
Mr. Turley stated that on this basis it is difficult
for the City to commit to the project, but indicated
they want to work with the County.
Commissioner Tuttle asked if the City Commission would
be willing to memorialize that intent in the form of a
resolution from this years funds as available from
unexpended public works projects or from next years
budget.
Mr. Turley said that he will make the proposal.
MOTION: PRANTE moved to transfer the airport property
contingent upon resolving the issue of the
Division overpass in terms of moving the
waterline and for the waver of fees mutually
for the next year.
TUTTLE: Second
VOTE: UNANIMOUS APPROVAL
MEETING MINUTES - PAGE 5
VOL 55 FACE 297
Discussion Re- Richard Isham explained that this is not a mandatory
garding Adult program and a number of small counties have decided
& Family
not to participate in the program because of paper -
Services
work problems in getting these grant funds.
Contract for
Child Support
Tom Howes, District Attorney, explained that one year
Enforcement
ago the County decided not to participate in this
Activities
grant because of the additional work load. Mr. Howes
stated that the only change since last year is that
the federal government is considering cutting back the
amount of subsidy from 70 to 65%. Mr. Howes stated
that Deschutes County supports enforcement work but do
not participate with the contract. The difference
between doing it under the federal program and the
County program is that the federal government require
a lot of oaoerwork. Mr. Howes said that since the
budget cut, the amount of time spent on support
enforcement has been reduced to approximately 12 hours
a week, which is not adequate time. Mr. Howes said
that if the County were to take on the federal program
it is estimated that it will take an additional
full-time employee as well as an additional ten hours
for copying, etc. and additional time from a Deputy
District Attorney. Mr. Howes continued that the
County does not have the current resources to fulfill
the obligation which would be taken on and recommended
either not taking on the obligation or authorizing
additional staff be hired. Mr. Howes said the
advantage to hiring additional staff would be the
additional subsidv from the federal government.
Commissioner Prante stated that in addition to
determining whether or not we can afford the program
we are dealing with priorites on why we allocate
minimum funds. Commissioner Prante stated that her
priority personally is to be able to leverage our
local 35% of the money by subsidizing it with federal
dollars and creating a situation where both parents
contribute to the support of children. Commissioner
Prante continued that as the situation stands there is
a vast majority of cases where the women has the child
phsically and is therefore comitted to that support
and is very important that we do what we can to
enforce the support from both parents to the care of
children. Commissioner Prante said that she would be
most relucant to lose that funding that is so
important.
Mr. Howes stated that if another lawyer and office
assistant is added to staff, more office space will be
required.
MEETING MINUTES - PAGE 6
VOL 55 PACE %
MOTION: TUTTLE moved to recommend that we not accept
the grant at this point.
YOUNG: Second
Commissioner Tuttle stated that the County has been
accumulating a number of issues important to be
identified for a tax base election in November and
this will be one of those to be expanded to full time
operations. Commissioner Tuttle stated that his
reason for not accepting the grant this year is that
the tax base should be in place before adding back
these kinds of issues.
VOTE: TUTTLE, yes; YOUNG, yes; PRANTE, no
Resolution Chairman Young read aloud the title of Resolution
Accepting No. 84-029.
Petition to
Vacate a Neil Hudson, Director of Public Works, explained that
Portion of this is a piece of road that connects the old highway
"A" Avenue to the new highway, which needs to be vacated to
In Terrebonne reduce the amount of accesses on highway 97.
(action item)
MOTION: TUTTLE moved to accept Resolution No. 84-029,
vacating a portion of "A" Avenue in
Terrebonne.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
Order Setting Order No. 84-214 setting hearing for September 19,
Hearing on 1984.
Vacation of
Portion of MOTION: TUTTLE moved to approve the Order setting
"A" Avenue the hearing on vacating a portion of "A"
in Terrebonne Avenue for September 19, 1984.
(action item) PRANTE: Second
VOTE: UNANIMOUS APPROVAL
Resolution Neil Hudson explained that this a piece of Murphy Road
Accepting replatted where Knott Road swoops through
Petition to Brightenwood.
Vacate a
Protion of MOTION: TUTTLE moved to sign Resolution No. 84-030
Murphy Road accepting petition to vacate a portion of
(action item) Murphy Road.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
MEETING MINUTES - PAGE 7
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Order Setting
MOTION: TUTTLE moved to approve Order No. 84-215,
Hearing on
setting a hearing on vacation of Murphy Road
Vacating a
for September 19, 1984.
Portion of
PRANTE: Second
Murphy Road
VOTE:
UNANIMOUS APPROVAL
(action item)
Resolution
Neil
Hudson explained that this is a piece of Rosland
Accepting
Road
vacated because of the railroad problem.
Petition to
Vacate a
MOTION: TUTTLE moved to adopt Resolution No. 84-027
Portion of
accepting petition to vacate a portion of
Rosland Road
Rosland Road.
(action item)
PRANTE: Second
VOTE:
UNANIMOUS APPROVAL
Order Setting MOTION: PRANTE moved to adopt Order No. 84-212.
Hearing on TUTTLE: Second
Vacating a VOTE: UNANIMOUS APPROVAL
Portion of
Rosland Road
(action item)
Resolution MOTION: TUTTLE moved to adopt Resolution No. 84-026
Accepting accepting petition to vacate a portion of
Petition to Woodside Road.
Vacate a PRANTE: Second
Portion of VOTE: UNANIMOUS APPROVAL
Woodside
Road
(action item)
Order Setting MOTION: TUTTLE moved to adopt Order No. 84-211
Hearing to setting a hearing to vacate a portion of
Vacate a Woodside Road for September 19, 1984.
Portion of PRANTE: Second
Woodside VOTE: UNANIMOUS APPROVAL
Road
(action item)
Resolution Neil Hudson explained that this is vacating the
Accepting roads within a part of the cemetery so it can be
Petition to replatted and reorganized.
Vacate a
Portion of MOTION: TUTTLE moved to approve Resolution No. 84-028
Redmond accepting petition to vacate a portion of
Memorial the Redmond Memorial Cemetery.
Cemtery PRANTE: Second
(action item) VOTE: UNANIMOUS APPROVAL
MEETING MINUTES - PAGE 8
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VOL 55 WE 300
Order Setting MOTION: PRANTE moved to adopt Order No. 84-213,
Hearing Date setting hearing for September 19, 1984.
for Vacating TUTTLE: Second
a Portion of VOTE: UNANIMOUS APPROVAL
Redmond
Memorial
Cemetery
(action item)
Signature of Commissioner Prante stated that at the last meeting
Contract with the Board decided to accept the grant from the State
State for planning of the Community Action Agency. The
Community contract has been received and money is forthcoming
Services in the amount of $30,000.
Program
(action item) MOTION: PRANTE moved to sign the agreement to receive
the funds.
TUTTLE: Second
AMENDED MOTION: PRANTE moved to authorize the Chairman to
sign the contract.
TUTTLE: Second
VOTE: UNANIMOUS APPROVAL
Signature of George Read, Planning Staff, stated that he was unable
Plat for to obtain the signature of the Planning Director and
"The Pines" asked the Board for authorization for Craig Smith to
Condominiums sign in his absense.
Signature of
Personal
Services
Contract with
Daniel F.
Brown MD
(action item)
Order No.
84-018,
Vacating a
Portion of
Richardson
Road
(action item)
MOTION: PRANTE moved to authorize Craig Smith to sign
for the Planning Director.
TUTTLE: Second
VOTE: UNANIMOUS APPROVAL
MOTION: TUTTLE moved to sign the Plat for "The Pines"
Condominiums.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
MOTION: PRANTE moved to sign the Personal Services
Contract for Daniel F. Brown.
TUTTLE: Second
VOTE: UNANIMOUS APPROVAL
MOTION: TUTTLE moved to adopt Order No. 84-018
vacating a portion of Richardson Road.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
MEETING MINUTES - PAGE 9
Resolution No.
84-032, Author-
izing Signature
on Budgets &
Plans Regarding
the Health
Division
(action item)
Resolution No.
84-031
Declaring
August, 1984,
American Red
Cross Month
Within Deschutes
County
(action item)
voi 55 PAGE30i
MOTION: TUTTLE moved to approve Resolution No.
84-032.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Chairman Young read aloud Resolution No. 84-031.
MOTION: PRANTE moved to adopt Resolution No. 84-031.
TUTTLE: Second
VOTE: UNANIMOUS APPROVAL
Signature of MOTION: PRANTE moved to sign Mida Addition Final
Final Plat for Plat.
Mida Addition TUTTLE: Second
(action item) VOTE: UNANIMOUS APPROVAL
OLCC Liquor Before the Board of Commissioners were the following
Licenses and liquor license renewals and applications: Twin Lakes
Renewals Resort, River Woods Country Store, and Ching's Garden
Chinese Restaurant.
MOTION: TUTTLE moved to approve the OLCC Liquor
License and Renewals as read.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL
Request for Before the Board of Commissioners were the following
Refunds request for refunds: Strasser Exchange, $31.20;
Edward McKinney, $85.54; and Kara Roy, $30.
Declaration of Commissioner Prante explained that a development was
Dedication for created and the area designated as the roadway became
Hughes Road a tax lot and the developer did not pay the proper tax
(action item) on the lot. As a result, the poeple in the area do
not have legal access.
MOTION: PRANTE moved to accept the Declaration of
Dedication for Hughes Road.
TUTTLE: Second
VOTE: UNANIMOUS APPROVAL
MEETING MINUTES - PAGE 10
VOL 55 PAGE 312
Being no further business, the meeting was adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Alber A. Yotunc airm
ois r'stow Prante, Commissioner
Laurence A. Tuttle, lCommissioners
BOCC:ap
MEETING MINUTES - PAGE 11