1989-07577-Minutes for Meeting March 29,1989 Recorded 4/4/198989-0'75'7'7
0095 PF6
MINUTES 0
DESCHUTES COUNTY BOARD OF COMMISSIONERS I," # pill 14
March 29, 1989 P+"~
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Chair Prante called the meeting to order at 10:00 a.m. Board
members in attendance were Dick Maudlin, Lois Bristow Prante, and
Tom Throop. Also present were Rick Isham, Legal Counsel; Craig
Smith, Planning Director; Larry Rice, Director of Public Works.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
agreement with the Department of Transportation for the design
and construction of the Paulina-East Lake Road project; #2,
approval of Amendment #18 to the 1987-89 Intergovernmental
Agreement with the Mental Health Division; #3, approval of
intent to participate in the Central and Eastern Oregon
Juvenile Justice Consortium Diversion Plan; #4, signature of
financial partition with the Neilands on a 40-acre parcel east
of Sisters; #5, reappointment of Bob Jackson and appointment
of Mike Rippet to Deschutes River Mitigation and Enhancement
Committee, #6, reappointment of Bruce Withers to Panoramic
Access Special Road District Board of Directors; #7, signature
of Development Agreement with the McDonald's Corporation; #8,
signature of final plat for Mt. Vista, First Addition; #9,
signature of Order 89-018, refunding taxes
MAUDLIN: I would move consent agenda.
THROOP: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
2. PUBLIC HEARING ON ORDINANCES 89-008 & 89-009 TO ESTABLISH
STANDARDS FOR BOAT DOCKS AND AMEND THE FILL AND REMOVAL
ORDINANCE
Before the Board was a public hearing on Ordinances 89-008 and
89-009, amending Ordinance No. PL-15, the Deschutes County
Zoning Ordinance of 1979, by revising provisions concerning
fill and removal and concerning the flood plain zone.
Craig Smith gave the staff report indicating that Ordinance
89-008, the fill and removal amendment, had been reviewed and
endorsed by the Planning Commission and that the sunset clause
had been removed. He said the Deschutes Basin Resource
Committee worked on Ordinance 89-009 for almost a year and
recommended its approval. He said the ordinance dealt with
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the permitted uses, conditional uses and prohibited uses on
private property along the river. Examples of prohibited uses
were: marinas, boat slips and boat houses on private property
along the river. Individual or community boat docks were
allowed as a conditional use in the flood plain zone.
Commissioner Prante stated that Denise Newbold, Tumalo Rim
Court, was unable to attend the public hearing but had called
expressing her support of the fill and removal ordinance and
for stringent enforcement.
Harold Britten supported the ordinances 100% except he felt
there needed to be some clarification where it indicated a
measurement as "perpendicular." After discussion with Craig
Smith, members of the Basin Resource Committee, and Ted
Schassberger from the Planning Commission, it was decided to
change the term to "horizontally."
Bill Marlett, 1977 NW 1st, Bend, representing the Coalition
for the Deschutes, stated they strongly supported the
ordinances but felt there were some necessary changes. He
said they felt that in Ordinance 89-009, all boat docks and
piers should be prohibited except for public ones, since most
private docks become unsightly and unmaintained. If the
Commissioners did not agree to a total ban, he suggested that
(1) all docks be of the floating type and (2) that they not
be allowed in the State Scenic Waterway. On Ordinance 89-008,
he suggested that a standard should be added to the language
disallowing the negative cumulative impact of similar projects
over time and that conservation easements should not be more
than 30 ft.
The Commissioners questioned Mr. Marlett about bringing his
concerns to the Board at the "eleventh hour" in the process
since the Deschutes Basin Resource Committee meetings had been
open to the public and no one from the Coalition had contacted
them or the Commissioners with their concerns prior to the
public hearing. Commissioner Throop expressed frustration
over major changes being recommended when the ordinances had
to be signed by the end of the month because of a sunset
clause. Mr. Marlett said the Coalition had not participated
in the meetings with the Deschutes Basin Resource Committee
because they had not been requested to attend.
PRANTE: I would entertain a motion to adopt and, in that,
incorporating the language.
THROOP: I will move first and second reading of Ordinance
No. 89-008, by title only.
MAUDLIN: I'll second the motion
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VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Chair Prante performed the first and second readings of
Ordinance 89-008.
THROOP: I'll move adoption of Ordinance No. 89-008.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
THROOP: I'll move first and second reading, by title only,
of Ordinance No. 89-009.
MAUDLIN: Second
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Chair Prante performed the first and second readings of
Ordinance 89-009.
THROOP: I'll move approval of Ordinance No. 89-009 with the
corrected language.
MAUDLIN: Second
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
3. LAND TRADE WITH FOREST SERVICE FOR SOUTHWEST LANDFILL SITE
Before the Board was approval of signature of a letter to the
Forest Service expressing agreement to find/purchase some
property that would be suitable for trade for the Southwest
Landfill site.
MAUDLIN: I move the signature of letter upon approval.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
4. WEEKLY WARRANT VOUCHERS AND REFUNDS FROM COMMUNITY DEVELOPMENT
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Before the Board was approval of refunds from Community
Development and weekly warrant vouchers in the amount of
$155,511.13.
MAUDLIN: Move payment of refunds from Community Development
and weekly warrant vouchers subject to review.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
5. LETTER TO PSU REQUESTING POPULATION SURVEY
Before the Board was approval of signature of letter to
Portland State University requesting that a population survey
be done.
MAUDLIN: I move that we forward a letter to Portland State
University requesting a survey for recount of
population in Deschutes County.
THROOP: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
ra r~ dYO i-~T2 ~EJ
Lois r' tow Prante, Chair
I1
Tom Throop, Commissioner
Dick Maudlin, Commissioner
BOCC:alb
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