Loading...
1987-15891-Minutes for Meeting August 05,1987 Recorded 8/11/1987008(1-.---0773 87 TC, 11 tll 10: 42 MEETING MINUTES [,f`'dji 4)v 4; DESCHUTES COUNTY BOARD OF COMMISSIONERS August 5, 1987 Chair Prante called the meeting to order at 10 a.m. Board members in attendance were Lois Bristow Prante, Dick Maudlin, and Tom Throop. Also present were Rick Isham, County Legal Counsel, Craig Smith, Planning Director, and Larry Rice, Director of Public Works. 1. PUBLIC HEARING: ORDINANCE AMENDMENT TO PL-11 This was a public hearing on an amendment to PL-11, the Bend Urban Growth Boundary Zoning Ordinance, to delete the provision that gas stations must be at least 1500 feet away from each other. Mark Shipman, Assistant Planner, provided the staff report. He stated that the City of Bend was also holding a public hearing the evening of August 5 on the same amendment. Mark stated that the intent of the original standard requiring the distance between gas stations was due to the gas crunch of the 1970s. Martin Hanson, attorney for Time Oil Company, spoke in favor of the ordinance amendment. Mr. Hanson informed the Commission that the Bend Urban Area Planning Commission had researched the history of intent, and had determined that the current standard was unnecessary. Mr. Hanson further stated that gas stations had changed substantially since the 1970s, diversifying and offering services other than only gasoline. Larry Kimmel of 841 N.E. First Street in Bend spoke in opposition to the ordinance amendment. He stated that the original provision had been passed because gas stations were closing down in the 1970s, and the situation was not any better today. Mr. Kimmel informed the Commission that oil prices have doubled, and the prediction was for a severe gas shortage in the near future. In essence, Mr. Kimmel felt that the reason behind the original intent still existed today. PAGE -1- BOARD MINUTES: 8/5/87 KEYPUNCHED AU G 10 1987 40---l (1081--0774 Ken Weston of 1424 N.E. Revere spoke in opposition. Mr. Weston expressed his concerns over the heavy competition between service stations with convenience stores versus stations serving only gasoline. Gordon Priday of 61665 Ward Road spoke in opposition. Mr. Priday is the owner of the Mobile Gas Station on Greenwood Avenue. He stated that he recently put $100,000 worth of improvements and remodeling into the station, and claimed that if there was more competition, station owners would not be able to make improvements. Commissioner Maudlin felt that the intent of the ordinance amendment was not to limit competition in any way, and stated that the Board should not address competition. Martin Hanson expressed his feeling that the people speaking in opposition wanted protection from competition, which would not be offered even if the amendment was not adopted. Mr. Hanson also claimed that the passing or not passing the ordinance amendment was not going to have any effect on the potential gas crunch. The Board of Commissioners continued this public hearing to August 12, 1987, at 10 a.m. for a decision. 2. PUBLIC HEARING: BARBED WIRE FENCES Legal Counsel Rick Isham provided the staff report, stating that the barbed wire fence ordinance issue had arisen because of a particular complaint on use of a barbed wire fence in a residential zone in an urban area. Paul Speck, attorney for the complainant, spoke in favor of the ordinance. He stated that excluding this provision had been an oversight at the time of writing of the zoning ordinance, however, prohibiting barbed wire fences had been the intent. He came to this conclusion because the keeping of livestock in the urban area is a conditional use, and the conditional use standards prohibit use of barbed wire for containing livestock. Mr. Speck pointed out that the damage that could be inflicted to children and adults by barbed wire was obvious. Commissioner Maudlin stated that this ordinance was too stringent and felt that this restriction would be impossible to regulate by the County. Commissioner PAGE -2- BOARD MINUTES: 8/5/87 0084-0775 Maudlin also cited many beneficial uses for barbed wire, which adopting this ordinance would prohibit. Bob Borlen spoke in opposition, emphasizing the importance of barbed wire fences for certain uses, such as public utilities. He felt that lack of barbed wire in certain areas would be more of a hazard than having the barbed wire. The Board of Commissioners continued this hearing to August 19, at which time a decision will be rendered. 3. AGREEMENT WITH DIVISION OF STATE LANDS This item was postponed indefinitely until a final agreement is developed. 4. REFUND TO NEIGHBORHOOD CHURCH FOR APPEAL FEE This was a consideration to refund a fee to the Neighborhood Church for an appeal application because the applicant claimed the County erred in requiring sidewalks for the development and that the County had committed itself to provide those improvements. Commissioner Maudlin did not feel that the applicants/ appellants had proven that the County had committed itself to build the sidewalks, therefore, was opposed to the refund. THROOP: I would move for the refund to the Neighborhood Church for their filing fee. PRANTE: Second. VOTE: THROOP: YES PRANTE: YES MAUDLIN: NO 5. PERSONAL SERVICES CONTRACT WITH DR. GEOFFREY HYDE THROOP: I will move signature of the personal services contract with Dr. Hyde. MAUDLIN: Second. VOTE: THROOP: YES MAUDLIN: YES PRANTE: YES PAGE -3- BOARD MINUTES: 8/5/87 0084-0776 6. APPOINTMENT OF KRISTIN FARR TO ALCOHOL & DRUG COMMITTEE THROOP: I move the appointment of Kristin Farr to the Local Alcohol and Drug Planning Committee. MAUDLIN: Second. VOTE: THROOP: YES MAUDLIN: YES PRANTE: YES 7. PROGRAM PROVIDER CONTRACTS FOR JUVENILE SERVICES Before the Board were program provider contracts with J-J Boy's Ranch, City of Redmond, Donald Costello, and Kit Carmienke. The Board had to approve the contracts and resolution contingent upon receiving the letter from the State giving final approval to the Deschutes County Juvenile Services comprehensive plan. THROOP: I would move the signature of the contracts and resolution subject to receipt of the letter. MAUDLIN: Second. VOTE: THROOP: YES MAUDLIN: YES PRANTE: YES 8. ORDERS ESTABLISHING COUNTY ROADS Orders No. 87-059, 87-060, and 87-061 were before the Board to establish Deep Woods Road, a portion of Amber; .-12j&7 Lane, and Fifth Street as county roads. THROOP: I would move signature of the three orders. MAUDLIN: I second that motion for discussion. Commissioner Maudlin was opposed to establishing county road status to these roads because of the possibility of setting a precedent. He stated that historically, roads would have to be brought up to county standards and then be accepted. In this instance, we were accepting roads with the intention to pave them at the County's expense. VOTE: THROOP: YES MAUDLIN: NO PRANTE: YES PAGE -4- BOARD MINUTES: 8/5/87 0081-0777 9. ORDER TO ESTABLISH OLD DESCHUTES ROAD AS COUNTY ROAD This item was postponed for one week so that Public Works could provide the Commission with a map to indicate the exact location of the road in question. 10. ORDER NO. 87-062 Order No. 87-062 authorizes the placement of traffic control signs and road name signs on local access roads. THROOP: I will move for signature of Order No. 87- 062. MAUDLIN: Second. VOTE: THROOP: YES MAUDLIN: YES PRANTE: YES 11. INDEMNITY AGREEMENT WITH BEND METRO PARKS This indemnity agreement with the Bend Metro Parks and Recreation District was for the annual triathlon held in Bend. MAUDLIN: I move signature of the indemnity agreement. THROOP: Second. VOTE: MAUDLIN: YES THROOP: YES PRANTE: YES 12. ACQUISITION OF INSURANCE FOR VOLUNTEERS The County needed to find insurance for the community service workers who were sentenced to community service by the court system. MAUDLIN: I move County Counsel be instructed to find the best insurance at the best possible price. THROOP: Second. VOTE: MAUDLIN: YES THROOP: YES PRANTE: YES 13. BARGAIN AND SALE DEEDS FOR COUNTY-OWNED PROPERTIES PAGE -5- BOARD MINUTES: 8/5/87 0081-0'778 Before the Board were bargain and sale deeds to purchasers of county properties sold at the land auction. PRANTE: I will entertain a motion to sign the bargain and sale deeds. THROOP: I will make that motion. MAUDLIN: Second. VOTE: THROOP: YES MAUDLIN: YES PRANTE: YES 14. TEMPORARY USE PERMITS FOR SUNRIVER UTILITIES PRANTE: I will entertain a motion to approve the temporary use permits for Sunriver Utilities to begin to upgrade existing pump stations in Sunriver. THROOP: I will make that motion. MAUDLIN: Second. VOTE: THROOP: YES MAUDLIN: YES PRANTE: YES 15. ISSUANCE OF FIREWOOD PERMIT TO JOHN FABER MAUDLIN: I move for issuance of the permit contingent upon receiving the map. THROOP: Second. VOTE: MAUDLIN: YES THROOP: YES PRANTE: YES 16. LIQUOR LICENSES AND RENEWALS Before the Board were liquor licenses and renewals for the Owls Nest, 19th Hole Restaurant, Food Towne, Euro Style, Inc., Sisters KOA Kampground, Terrebonne Jack's, Paulina Lake Resort, and Hank's Meats. THROOP: I move to authorize chair signature of named liquor licenses. MAUDLIN: Second. PAGE -6- BOARD MINUTES: 8/5/87 1011084-0779 VOTE: THROOP: YES MAUDLIN: YES PRANTE: YES 17. DEVELOPMENT AGREEMENT WITH SCOTT OAKLEY THROOP: I move signature of development agreement. MAUDLIN: Second. VOTE: THROOP: YES MAUDLIN: YES PRANTE: YES 18. WEEKLY WARRANT VOUCHERS MAUDLIN: I move approval of the vouchers subject to review. THROOP: Second. VOTE: MAUDLIN: YES THROOP: YES PRANTE: YES Being no further business, meeting adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS 'Z~ZF- LI Prante, Chair Tommissione r Dick Maudlin, Commissioner BOCC/slc PAGE -7- BOARD MINUTES: 8/5/87