1990-17625-Minutes for Meeting June 06,1990 Recorded 6/18/1990E7
90-1'7625 10 1 U a 1 f
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
June 6, 1990
Acting Chair Maudlin called the meeting to order at 9:40 a.m.
Board members in attendance were Dick Maudlin and Lois Bristow
Prante. Also present were Rick Isham, County Legal Counsel; Bruce
White, Assistant Legal Counsel; Brad Chalfant, Property Manager;
Paul Blikstad, Planner; Karen Green, Community Development
Director; and George Read, Planning Director.
1. 4-H/EXTENSION SERVICE DISTRICT BUDGET
Before the Board was a public hearing regarding adoption of
the 4-H/Extension Service District Budget.
Acting Chair Maudlin opened the public hearing. There being
no one who wished to testify, the public hearing was closed.
PRANTE: I shall move approval of the Deschutes County
Extension and 4-H Service District Budget.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: Excused
MAUDLIN: YES
2. CONSENT AGENDA
Consent agenda items before the Board were: #1, appointment
of Reverend David Chamberlain to the Local Alcohol and Drug
Planning Committee; #2, signature of Development Agreement for
the Nagelouts; #3, signature of Order 90-076 changing the name
of Hamilton Road and renaming a portion of Murphy Road to
Country Club Drive; #4, signature of Order 90-077 changing the
name of Anderson Road to Empire Avenue; #5, signature of
Condominium Plat for The Ridge Condominiums, Stages VIII and
IX; and #6, approval of Amendments #13, #14, #15 to the 1989-
91 Intergovernmental Agreement with the State of Oregon Mental
Health Division.
PRANTE : Move approval .
N,tC;.oFttMEDn
MAUDLIN: Second the motion.
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VOTE : PRANTE : YES
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THROOP: Excused
MAUDLIN: YES
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3.
RESOLUTION 90-033 ACCEPTING PETITION TO VACATE PORTION OF J.C.
THORP RD. AND ORDER 90-063 SETTING A PUBLIC HEARING
Before the Board was signature of Resolution 90-033 accepting
the petition of Coldwell Banker Morris Real Estate to vacate
a portion of the J.C. Thorp Road; and signature of Order 90-
063 accepting the Engineer's Report and setting a public
hearing for July 18, 1990, at 10 a.m.
PRANTE: I would move signature of Resolution 90-033 and
order 90-063 and accepting the engineering report.
MAUDLIN: Second the motion.
VOTE: PRANTE: YES
THROOP: Excused
MAUDLIN: YES
4. RESOLUTION 90-034 ACCEPTING PETITION TO VACATE FIFTY FOOT
EASEMENT NEAR ROCKING HORSE ROAD AND ORDER 90-065 SETTING A
PUBLIC HEARING
Before the Board was signature of Resolution 90-034 accepting
the petition from G.E. Raleigh and Associates to vacate a
portion of a fifty foot public road easement located near
Rocking Horse Road on Lot 105 of River Bend Estates; and
signature of Order 90-065 accepting the Engineer's Report and
setting a public hearing for July 18, 1990, at 10 a.m.
PRANTE: Move approval of Resolution 90-034 and Order 90-065
and acceptance of engineering report.
MAUDLIN: Second the motion.
VOTE: PRANTE: YES
THROOP: Excused
MAUDLIN: YES
5. EXTENSION OF TIME PERIOD FOR IMPLEMENTATION OF VACATION USAGE
SECTION IN PUBLIC WORKS LABOR CONTRACT
Before the Board was a request from the Public Works Director
to hold all Department of Public Works employees included in
the bargaining unit harmless from the contract provision of
losing vacation time vested beyond two years by extending the
time period for the initial implementation of the provision
to December 31, 1990, and requesting Union concurrence.
PRANTE: Move approval.
MAUDLIN: Second the motion.
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VOTE: PRANTE: YES
THROOP: Excused
MAUDLIN: YES
6. WEEKLY WARRANT VOUCHERS
Before the Board was approval of weekly bills in the amount
of $44,323.38.
PRANTE: Move approval upon review.
MAUDLIN: Second the motion.
VOTE: PRANTE: YES
THROOP: Excused
MAUDLIN: YES
7. SUBDIVISION PLAT FOR SKYLINE RIDGE PHASE II
Before the Board was signature of subdivision plat for Skyline
Ridge Phase II.
PRANTE: Move signature.
MAUDLIN: Second the motion.
VOTE: PRANTE: YES
THROOP: Excused
MAUDLIN: YES
8. PLAT FOR FAIRWAY VILLAGE CONDOMINIUMS STAGE VI IN SUNRIVER
Before the Board was signature of Plat for Fairway Village
Condominiums State VI in Sunriver.
PRANTE: Move signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: Excused
MAUDLIN: YES
Acting Chair Maudlin continued the meeting until 10 a.m. Chair
Throop called the meeting to order at 10 a.m. Board members in
attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante.
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9.
PUBLIC HEARING ON ORDINANCES 90-021 AND 90-022 DESIGNATING A
2.43-ACRE PARCEL ON REED MARKET ROAD FROM RS, URBAN STANDARD
RESIDENTIAL TO HIGHWAY COMMERCIAL
Before the Board was a public hearing regarding Ordinance 90-
021 amending the Bend Area General Plan and Ordinance 90-022
amending the Bend Urban Growth Boundary Zoning Ordinance to
designate a 2.43-acre parcel on Reed Market Road from RS,
Urban Standard Residential to Highway Commercial.
Paul Blikstad reported that the hearings officer had
recommended approval of the redesignation. They had sent
notice to LCDC, and they had no concerns about it. No appeals
had been filed.
Chair Throop opened the public hearing. There being no one
who wished to testify, the public hearing was closed.
PRANTE: I move first and second readings, title only.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Chair Throop performed the first and second readings of
Ordinance 90-021 by title only.
MAUDLIN: Move signature of Ordinance 90-021.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Chair Throop performed the first and second readings of
Ordinance 90-022 by title only.
MAUDLIN: Move signature of Ordinance 90-022.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
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10. ORDINANCE 90-020 AMENDING THE DESCHUTES COUNTY ZONING
ORDINANCE REGARDING RIVER SETBACK EXCEPTION
Before the Board was signature of Ordinance 90-020 amending
the Deschutes County Zoning Ordinance by revising criteria for
setback exception along rivers and lakes and revising the
landscape management combining zone criteria.
PRANTE: I would move first and second reading by title only.
MAUDLIN: I'll second the motion.
Commissioner Maudlin had a concern regarding subsection 8
where it said, "In reviewing an application, the Planning
Director and Hearings Officer shall..." George Read said that
this area had not been change and was the old language. He
said it should have read "or Hearings Body shall..."
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Chair Throop performed the first and second readings of
Ordinance 90-020.
PRANTE: I'll move adoption making the suggested change from
Hearings Officer to Hearings Body.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
11. ORDINANCE 90-019 ANIMAL CONTROL
Before the Board was signature of Ordinance 90-019 amending
Deschutes County Code Title 6, Animals. Bruce White said he
had revised the ordinance to include a concern from the public
hearing which would give inmates the opportunity to make
arrangements to pay the boarding fees for their animals while
they were incarcerated so that their dogs would not have to
be put to sleep. He recommended deleting the Animal Cruelty
Chapter 6.20 because it couldn't have been enforced through
the infractions process. He said the remaining issue was
whether to require proof that a dog was spayed or neutered in
order to get a discount on the license fee.
Commissioner Maudlin said the dog owner would have to go back
to the veterinarian and pay a fee to get the proof since the
shot clinics didn't do any examination. Bruce White said that
they could approve the language which would allow the dog
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owner to just sign a statement on the license form declaring
that their dog had been spayed or neutered. However, Bruce
White said the Treasurer had indicated that might create a
problem, since many people would not sign the form, and she
would have to send the forms back which would create a lot of
extra work in her estimation. The Treasurer felt that people
had been truthful in the past and that proof was not
necessary.
Commissioner Prante said that having a statement on the form
which the dog owner could sign would be a good compromise and
would not cost the dog owner any more money. Commissioner
Throop said he agreed, but that if the increased paperwork was
not feasible when compared to the additional fees generated,
he could be convinced otherwise.
Commissioner Maudlin recommended that when a dog was found at
large without a dog license that the owner be cited on the
first occurrence and not just given a warning. The Board
agreed to send a letter to the Animal Control Officers
expressing this concern.
MAUDLIN: I would move that we have first and second reading
of Ordinance 90-019 by title only and including
amendment #1.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Chair Throop performed the first and second readings of
Ordinance 90-019.
PRANTE: I move adoption of Ordinance 90-019 including
amendment 1.
PRANTE: Second.
VOTE: PRANTE:
THROOP:
MAUDLIN:
Bruce White asked
intention was to ex4
Board agreed.
YES
YES
YES
for a clarification that the Board's
Aude Chapter 6.20 from the Ordinance. The
12. FEE WAIVER FOR LAPINE SEPTIC PERMITS
The Board agreed to postpone this issue one week.
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13. ORDER 90-078 PROVIDING FOR SALE OF TAX FORECLOSED PROPERTY TO
RECORD OWNER AND BARGAIN AND SALE DEED
Before the Board was signature of Order 90-078 providing for
the sale of tax foreclosed property to the record owner,
Dennis Kerr who was devisee of W. Clent King, and signature
of Bargain and Sale Deed conveying property to Dennis Kerr and
Mary Emma Berkey for $3,751.40.
PRANTE: Move signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
14. GRAZING LEASES
Before the Board was signature of Grazing Leases with Moberly,
Gregg, Reed, May, Thomas, Pledger, Rock Springs Guest Ranch,
MacAskill, and Leason.
Commissioner Maudlin said that one of the areas being leased
to Rock Springs Guest Ranch had been badly overgrazed by
another party. Since the County did not have the funds to
reclaim the property, the Rock Springs Guest Ranch agreed the
seed the property and not use it for two years to allow it to
recover. Brad Chalfant said that before a grazing lease was
released, a representative from the County Extension Service
would review and inspect each property. If the property had
been mishandled, the lease would not be renewed. Commissioner
Throop strongly supported the proper management of the grazing
parcels.
MAUDLIN: I move signature of Grazing Leases.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
15. RESOLUTION 90-037 DECLARING INTENT TO TRANSFER PROPERTY TO
LAPINE PARK AND RECREATION DISTRICT
Before the Board was signature of Resolution 90-037 declaring
their intention to transfer the LaPine Park Building and
property (LaPine Lion's Club property) to the LaPine Park and
Recreation District to be used exclusively for public
purposes, and scheduling a public hearing for June 27, 1990
at 10 a.m.
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PRANTE: I'll move 90-037.
MAUDLIN: I would second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
16. INN OF THE 7TH MOUNTAIN GOLF VILLAGE
Rick Isham reported that in 1983-84 there was an exchange of
real property with the Forest Service by the Inn of the
Seventh Mountain of approximately 270 acres which included the
relocation of the forest service access road and a subsequent
proposal to do a master plan and a golf course and
subdivision. In 1984 there was an approval of the project
which included about 200 homesites of which 100 would be lots
and 100 would be condominiums. The original approval required
that the new development be served by the existing sewer
treatment plant at the Inn of the 7th Mountain. There had
been at least three different developers over the years and
a number of changes had been made. In 1988 they requested a
modification of conditions to connect to City of Bend sewer
system. They had the perception that the County had approved
this modification of conditions and had been proceeding on
that basis. This created two problem: (1) the Department of
Land Conservation and Development was taking the position that
the extension of the sewer line to a planning unit development
or destination resort required a Goal 14 exception, attempting
to make it difficult to extend urban services to rural
developments; and (2) to extend the sewer line outside of the
City would require an amendment to the Bend Urban Area
Management Agreement. Commissioner Throop said that what
needed to be changed in the management agreement was the
section which prohibited the City from charging more for sewer
services outside the city than inside the city, since the City
of Bend could not deliver sewer service to the Inn of the 7th
Mountain for the same price as to the City of Bend. Rick
Isham said the management agreement would also prohibited the
extension of sewer services to the Inn due to its location
outside of the Phase II sewer boundary. He suggested that the
amendment also allow the City of Bend to extend service
outside the Phase II sewer boundary when it would facilitate
service in other areas. He said that since the original
master plan had been approved there had been extensive
modifications made, and he suggested that a complete review
of the current proposal be made. He said he had found no
correspondence in the files to indicate the City of Bend had
ever agreed to provide sewer service. Commissioner Throop
said that the management of the Inn had made the assumption
all along that they would be able to connect to the City sewer
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system, although the Inn never actively worked with the County
or the City to make certain that would occur. He said they
were building the whole development predicated on hooking up
to City sewer when there were these two major issues needing
to be resolved first, and the Goal 14 exception could be an
insurmountable problem. Rick Isham said it could be a hot
topic because this change would open up a lot of other areas,
i.e. the Boboski property on the outskirts of Bend. He felt
the City needed to notify the County of their intentions. He
said said that the original cost of increasing the capacity
of the 7th Mountain Sewer Service District plant would have
been $300,000. It would now cost them approximately $800,000
to connect to the City sewer. Commissioner Throop said he
would set up a meeting with the City of Bend to discuss these
issues.
Chair Throop recessed the meeting until 1:30 p.m.
Chair Throop reconvened the meeting at 1:32 p.m. Board members in
attendance were Dick Maudlin and Tom Throop.
17. ADOPTION OF BLACK BUTTE RANCH SERVICE DISTRICT BUDGET
Before the Board was a public hearing regarding the adoption
of the Black Butte Ranch Service District Budget.
Chair Throop opened the public hearing. There being no one
who wished to testify, the public hearing was closed.
MAUDLIN: I move acceptance of the budget for Black Butte
Ranch Service District.
THROOP: I'll second the motion.
VOTE: PRANTE: Excused
THROOP: YES
MAUDLIN: YES
DESCHUTE COUNTY BOARD OF COMMISSIONERS
4;4 ds -ri to Prant Commissioner
/M/
Torn Throop, Chair
D1 a lin, ommissioner
BOCC:alb
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