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1989-15299-Minutes for Meeting June 21,1989 Recorded 6/27/1989009.E 1811 89-V~299 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, June 21, 1989 Chair Prante called the meeting to order at 10:05 a.m. Board members present were Dick Maudlin, Tom Throop, and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel; George Read, Interim Planning Director; Larry Rice, Public Works Director; Dave Hoerning, County Engineer; Mark Shipman, Planner. 1. PUBLIC HEARING: SHANNON DEVELOPMENT'S APPEAL OF CU-89-30 Before the Board was a public hearing on an appeal by Shannon Development Company of the Hearings Officer's denial of their conditional use application to alter/expand a non-conforming use (Mountain View Mobile Home Park) in an Multiple Use Agriculture Zone (MUA-10). Mark Shipman gave a staff report indicating the Mountain View Mobile Home Park was located at 611 S Hwy 97, South of Redmond. He said the parcel was approximately 15 acre in size. It currently had an 8-unit apartment complex near the highway on the west side of the parcel, a 3-bedroom conventional home, and a 12-unit mobile home park east of the apartment complex. Land uses in the surrounding area were a mix of non-conforming commercial uses, vacant land, rural residential, and farm uses on 20-40+ acre parcels. The parcel had access directly on Highway 97 which would be expanded to four lanes in the near future. The application requested expansion of the mobile home park by adding 36 additional spaces, bringing the total number to 48. He said that at the time the application was filed, Gibson v. Deschutes County had not been issued by LUBA and, therefore, the Planning staff reviewed the application under the old criteria: (a) no greater adverse impact to the neighborhood, (b) reasonably necessary to continue the use. The Hearings Officer also used that criteria to make his decision on May 10, 1989. He said the LUBA decision also supported the Hearings Officer's decision. Commissioner Maudlin commented that he felt the expansion would not adversely impact the neighborhood. Robert L. Shannon Jr. had four points he wanted to make: (1) that there was a need for affordable housing and additional mobile home space in the County, and although there was bare ground available to start a new park, it was not economically feasible to start a mobile home park from scratch at the present time, (2) that the estimated access figures from E'Y~1 BOARD MEETING: 6/21/89 ~i~i 19b, 0095 1812 Hwy 97 into the proposed park where high because their park was designated a 55 years and older park. He also felt the expansion of the Highway would solve any safety problems, (3) that profitability of the existing facility was contingent up the expansion, especially since the widening of the highway could eliminate the use of the apartments next to it, and (4) that the overall appearance of the project would be improved since they would be putting a two-car carport, a storage shed, an a large lawn area on each space. He mentioned that there had been no opposition from the neighbors or the public. He also mentioned that when they purchased the park, they were under the impression that it had been approved for 48 spaces. Commissioner Throop said he did not feel the project would cause any adverse impact on the area and that the expansion was probably necessary to continue the use, but he was concerned about the legality of the application due to the recent LUBA decision on Gibson v. Deschutes County. Rick Isham responded that the LUBA decision indicated that the County needed to spell out its criteria in the County's Zoning ordinance or it had to adopt the state statute standards and criteria. The County had previously felt it could use the state standards and criteria without specifically adopting them. He said the County's ordinance did not provide for discretionary permits under the new LUBA interpretation. Commissioner Throop asked if it had been Deschutes County's interpretation, prior to Gibson v. Deschutes County, that the County could utilize the state standards /criteria available under state law; however, that Gibson v. Deschutes County said the County did not have those standards /criteria available. Rick Isham said that was correct. THROOP: I would move that Deschutes County Board of Commissioners reverse the Hearings Officer and approve the project and base it upon the project providing no additional adverse impacts and necessary to continue the use, and we're assuming that that opportunity it afforded us under our ordinance and under state law. MAUDLIN: Second. Under discussion, Commissioner Throop said his view was that the LUBA decision was an opinion, and was not necessarily binding on the current decision. Commissioner Prante asked if it might not be better to change the County Zoning Ordinance, but agreed that it would not be timely for this case. Commissioner Maudlin mentioned that the application was filed prior to Gibson v. Deschutes County, under what was assumed the proper criteria at that time. PAGE 2 BOARD MEETING: 6/21/89 0095 1813 2. 3. 4. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES The Commissioners requested that the applicants have their counsel prepare draft findings and decisions for the Commissioner's review. INCREASE IN INSURANCE FOR HAULERS Before the Board was discussion on whether to increase the insurance that haulers, who use the County landfills, were required to carry from the current $300,000 to $500,000. Rick Isham indicated that the Board had approved a policy that would require all firms coming on County property to buy insurance up to the amount of the County's liability. The Board agreed to continue their policy of requiring $500,000 insurance. RESOLUTION 89-039, INITIATING LID ON LEONA LAND Before the Board was signature of Resolution 89-039, initiating the proceedings to improve a portion of Leona Lane, designating where the improvements would be made, defining the nature of the improvements, and asking the County Engineer to investigate the proposed improvements. Dave Hoerning gave the staff report indicating there were 26 lots involved in the district of which 18 had signed petitions (17 since one lot had been recently sold). The price per lot would be $1,923.08 PRANTE: Entertain a motion for 89-039. MAUDLIN: I so move. THROOP: I'll second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DECLARATION OF DEDICATION FROM SARAH SHORT Before the Board was acceptance of Declaration of Dedication of a strip of land near the Negus Landfill from Sarah Short for roadway and utility purposes. PRANTE: Entertain a motion to sign. MAUDLIN: So moved. PAGE 3 BOARD MEETING: 6/21/89 0095 1814 5. 6. 7. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES RESOLUTION 89-035, HUNTINGTON ROAD VACATION, ENGINEERS REPORTS AND ORDER 89-035 SETTING A PUBLIC HEARING Before the Board was signature of Resolution 89-035 accepting a petition to vacate a portion of Huntington Road, acceptance of the engineer's report, and signature of Order 89-035 setting August 2, 1989 as the date for a public hearing to consider the vacation. PRANTE: Entertain a motion. THROOP: I'll so move. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SHOPKO TRAFFIC SIGNAL AGREEMENT Before the Board was signature of a Cooperative Improvement Agreement with the State of Oregon and SHOPKO for the installation of a traffic signal. Larry Rice said it was traditional when a county road intersected with a state highway where a signal was placed, that the County would pay for the electricity for the traffic signal and would do some striping on the road. He said traffic studies by the State indicated that SHOPKO could not operate without the light. PRANTE: Entertain a motion. THROOP: I'll move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: NO, as a protest vote. HEALTH DIVISION STATE GRANT REVISION Before the Board was signature of the Health Division FY 88-89 State Grant revision. THROOP: I'll move signature. PAGE 4 BOARD MEETING: 6/21/89 0095 1815 8. 9. 10. MAUDLIN: Second VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES ADMINISTRATIVE SCHOOL DISTRICT #1 PERSONAL SERVICES CONTRACT Before the Board was signature of a personal services contract with the Administrative School District #1. PRANTE: Entertain a motion to sign the amendment. MAUDLIN: So moved. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES INDEMNITY AGREEMENT FOR ROCRLESS RIDGE RIDE IV BICYCLE RACE Before the Board was signature of the Indemnity Agreement with Mountain Supply of Oregon for Rockless Ridge Ride IV Bicycle Race to be held on June 25, 1989. MAUDLIN: I move we sign the Indemnity Agreement with Mountain Supply of Oregon. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES CITY OF REDMOND LIBRARY LEASE AGREEMENT AND TRANSFER AGREEMENT Before the Board was signature of an agreement with the City of Redmond for the lease of the Redmond library building and to identify the respective responsibilities and obligations for the Redmond Library since the County had agreed to operate the library as a Deschutes County Branch Library. Also before the Board was signature of a Transfer Agreement with the City of Redmond for the transfer of library employees from the City to the County effective July 1, 1989. MAUDLIN: I move signature of the Library Lease Agreement and the Redmond Transfer Agreement. PAGE 5 BOARD MEETING: 6/21/89 0095 1816 11. 12. 13. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES APPOINTMENT OF LIBRARY ARCHITECTURAL SELECTION COMMITTEE Ralph Delamarter, County Librarian, said that the 89-90 budget included funds for architectural services for Library planning, and the Building Committee felt they needed the help of an architect. They also felt they needed an objective and fair process for hiring the architect. They recommended that Heather Eggleston, Redmond Building Committee and Friends; Richard Jackson, Bend Friends; Betty Kramer, County Library Board and Building Committee; Larry Patterson, Bend area; Jane Schroeder, Redmond area; Roger Shields, Bend area; Bob Shotwell, LaPine area; and Harry Teel, Sisters area be appointed to the selection committee. PRANTE: Entertain a motion to appoint the committee. THROOP: I'll move. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES ORDER 89-040, ORDERING PAYMENT OF LUSBY LIVESTOCK LOSS CLAIM Before the Board was signature of Order 89-040, finding that livestock owned by Joel Lusby had been killed by a dog, establishing the value at $80.00, and ordering payment to Joel Lusby from the Deschutes County Animal Control Fund. MAUDLIN: Move signature of Order 89-040. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES ORDERS 89-039 AND 89-041 REFUNDING TAXES Before the Board was signature of Orders 89-039 and 89-041 authorizing the refund of taxes in the amounts of $240.91 and $39.72 respectively. THROOP: I'll move approval for the tax refunds. PAGE 6 BOARD MEETING: 6/21/89 0095 181'7 MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 14. SUBDIVISION PLAT ALONG PLAINVIEW ROAD FORMYLON AND SHARON BUCK Before the Board was signature of a subdivision plat along Plainview Road for Mylon and Sharon Buck consisting of nine lots of approximately 20-acres each. THROOP: I'll move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 15. APPOINTMENTS TO MCARDLE ROAD SPECIAL ROAD DISTRICT Before the Board was appointment of Griff Lynch, Bruce Williams and Ed Wheeler to the McArdle Road Special Road District. MAUDLIN: So moved. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 16. WEEKLY WARRANT VOUCHERS Before the Board was approval of weekly warrant vouchers in the amount of $162,594.19 and $160,622.25. PRANTE: Entertain a motion of approval upon review. MAUDLIN: So moved. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 7 BOARD MEETING: 6/21/89 0095 1818 17. AMENDMENTS 22 AND 23 TO 87-89 MENTAL HEALTH INTERGOVERNMENTAL AGREEMENT Before the Board was approval of Amendments 22 and 23 to the 1987-89 Mental Health Intergovernmental Agreement. PRANTE: I would entertain a motion of signature upon review. THROOP: I'll move under those conditions. MAUDLIN: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 18. PERSONAL SERVICES CONTRACT WITH MOORE BREITHAUPT & ASSOCIATES Before the Board was signature of a personal services contract with Moore Breithaupt & Associates for analysis and sale of Refunding Certificates of Participation on the Bend Hardware Building and refinancing to pay off the existing certificates. MAUDLIN: I move chair signature of the Moore Breithaupt Personal Services Contract. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 19. RESOLUTION 89-041 ADOPTING PRELIMINARY OFFICIAL STATEMENT RELATING TO DESCHUTES COUNTY'S ISSUANCE OF CERTIFICATES OF PARTICIPATION Before the Board was signature of Resolution 89-041, adopting the preliminary official statement relating to Deschutes County's Issuance of Certificates of Participation in the Principal amount of $1,800,000, dated as of June 1, 1989. MAUDLIN: Move signature of Resolution 89-041. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 20. RESOLUTION 89-042 INSTALLMENT PURCHASE AND TRUST AGREEMENT AUTHORIZING THE SALE OF CERTIFICATES OF PARTICIPATION PAGE 8 BOARD MEETING: 6/21/89 0005 1819 Before the Board was signature of Resolution 89-042, providing for the execution and delivery of an installment purchase and trust agreement in a principal amount of not more than $1,800,000 and authorizing the sale of Certificates of Participation. THROOP: Move approval. MAUDLIN: Second VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 21. RESOLUTION 89-043 AUTHORIZING SUBMISSION OF AN ADVANCE REFUNDING PLAN TO THE STATE TREASURER Before the Board was signature of Resolution 89-043, authorizing the submission of an advance refunding plan to the State Treasurer. MAUDLIN: Move signature of Resolution 89-043. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 22. POLICY 89-06-01, DRUG-FREE WORK PLACE REQUIREMENT POLICY Before the Board was signature of Deschutes County General Policy No. 89-06.01, stating that Deschutes County would provide a drug-free work place. Rick Isham said it would be an on-going annual program handled through the Personnel Office. THROOP: I'll move adoption of the drug-free work place requirements policy. MAUDLIN: I'll second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 23. COBRA GRANT Before the Board was signature of grant funds awarded under the Anti-Drug Abuse Act of 1986 for the Central Oregon Battering and Rape Alliance to use for victim/witness peer advocacy. PAGE 9 BOARD MEETING: 6/21/89 0095 1820 24. 25. 26. THROOP: Also move approval of chair signature of COBRA grant. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DEVELOPMENT AGREEMENT WITH DONALD AND CARELUN NICHOLS Before the Board was signature of a Development Agreement with Donald and Carelun Nichols. MAUDLIN: Move signature of development agreement. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES ORDER 89-042 BUDGETED CASH TRANSFERS AND RESOLUTION 89-040, APPROPRIATIONS TRANSFER Before the Board was signature of Order 89-042, transferring cash in the amount of $484,818 within various funds of the budget and signature of Resolution 89-040, transferring appropriations. MAUDLIN: I move signature of Order 89-042 and Resolution 89- 040. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES RESOLUTION 89-044 TRANSFERRING APPROPRIATIONS WITHIN THE DESCHUTES COUNTY EXTENSION AND 4-H SERVICE DISTRICT BUDGET The Board convened as the Deschutes County Extension and 4-H Service District governing body. Before the Board was signature of Resolution 89-044, transferring appropriations within the Deschutes County Extension and 4-H Service District Budget. MAUDLIN: I move signature of Resolution 89-044, transferring appropriations for the Deschutes Extension. PAGE 10 BOARD MEETING: 6/21/89 0055 1821 THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 27. WAIVER OF DUMPING FEE FOR J-BAR-J The Board reconvened as the Deschutes County Board of Director. Before the Board was a request from Craig Christiansen, Executive Director of J-BAR-J Boys Ranch for waiver of County dumping fees up to $300. THROOP: I'll move waiver. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 28. PSU SURVEY RESULTS George Read gave a report on the results of the PSU population survey. He said the results of the survey gave Deschutes County approximately a 1,000 greater population than before the survey which was 10,000 less than the County had projected. There were a number of areas where he felt the results were flawed, and he would be preparing a response to PSU for the Commissioners' consideration. He felt, however, that after the census figures on the number of households in Deschutes County were reported this fall, that PSU would have no alternative but to use those figures in it's population formula which would give the County a significant population increase. DESCHUTES COUNTY BOARD OF COMMISSIONERS is 4t04Wr6ni~e,' I VVI zMaudlin, Commissioner Commissioner BOCC:alb PAGE 11 BOARD MEETING: 6/21/89