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1990-31360-Minutes for Meeting October 03,1990 Recorded 10/9/199010 15 - 04801 MICROFILME5 90-31360 OCT 18 1990 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS: October 3, 1990 Chair Throop opened the meeting at 10:05 a.m. Board members ih attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were: Rick Isham, County Legal Counsel; Larry Rice, Public Works Director; Dave Hoerning, County Engineer; Lynn Premselaar, Health Director; Karen Green, Community Development Director; George Read, Planning Director; and Kevin Harrison, Planner. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Resolution 90-094 Lease Agreement with U.S. National Bank for purchase of computer equipment; #2, approval of out-of-state travel from Data Processing; #3, signature of Resolution 90- 096 approving fifth amendment to the Deferred Compensation Plan for Deschutes County; and #4, approval of out-of-state travel request for Dianna Pickett of the Health Department. PRANTE: I move consent agenda. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. DECISION ON BUFFET FLATS APPEAL Before the Board was deliberation and decision on the appeal of the hearings officer's denial of proposed Comprehensive Plan and Zone Map amendments which would allow the relocation of Buffet Flat Deluxe to the east side of Highway 97 directly across from its current location. The public hearing had been held on September 25, 1990. Chair Throop asked what the zoning of the current Buffet Flat site would be if the Board allowed them to move to the new location. Kevin Harrison said that the Board could adopt a resolution requesting staff to initiate zone change on the residual zoning on the west side of Highway 97. Commissioner Throop was concerned that there would be two rural service center zones, one on either side of the highway, if the Board were to overturn the hearings officer's decision. Rick Isham said it could also be done as a condition of approval. Chair Throop supported the plan amendment from agriculture to rural service center commercial, the zone change from EFU-20 PAGE 1 MINUTES: 10/3/90 c 10s - 0431 to RSC, and the conditional use permit. He felt the facts in the appeal met the tests for both the committed exception and the reasons exception. He felt evidence showed that there were very limited conflicts with adjacent uses, limited compatibility problems, and that significant features separated the exceptions area from adjacent resource lands. Of the 17.5 acres in the parcel, less than 4 acres would be rezoned RSC. He felt the existing public facilities and services were adequate at the site. He said the Department of Transportation stated in its July 13, 1990, letter that there would not be any long-term problems on Highway 97 from the relocation primarily because the peak traffic was on the weekends. This was the number one intersection between Bend and Redmond which would receive an interchange when volumes were sufficient. He felt moving the business would improve traffic conditions over the existing location because there would no longer be a direct access from Highway 97. He said the neighborhood and regional characteristics would not be impacted by transposing the existing use. With the relocation there would be more oversight of the business through land use and site plan approvals where conditions could be attached. He said the evidence showed that Buffet Flat was a unique, cultural asset for the region, and hundreds of support letter had been received from all over the country. It would be extremely difficult to relocate the business in any of the urban growth boundaries in Deschutes County or in existing rural service centers due to the cost of the land, and the conflicts would be more difficult in an urban area. He said the landscape management zone issues were resolvable during site plan review. He felt that if one arm of government took a business away due to progress, then it was the responsibility of the other arm of government to provide an opportunity for that business to relocate. Commissioner Prante said she concurred with Commissioner Throop's position. It was a forced move, and she didn't want to see a viable business terminated. The site selected was the logical place for the business to go. She said Buffet Flat provided diversity in this community. She recommended the Board address the flea market issue and the illegal residents in the mobile facilities. Commissioner Maudlin was not convinced that allowing this change would be following the law as written. He felt that the neighborhood might not be impacted if the landscape management zone under the site plan review was done at the same time that the zone change was done. He pointed out that when the applicant was asked if he painted the exotic colors and then had to conform to the landscape management zone, would he repaint it an appropriate color, and he shook is head "no." Commissioner Maudlin wanted to make sure that the business would be contained in the 3.95 acres, and the flea PAGE 2 MINUTES: 10/3/90 lp 04E, market would not be continued on the new site. He also wanted to make sure that there would be no people living in trailers on the site. He did not feel that a left turn lane on Deschutes Market Road was necessary if there wasn't a flea market, but he did feel that a paved parking lot should be required. Commissioner Prante felt that the characteristics of Buffet Flat, which have made it unique and popular, should be taken into consideration when looking at the site plan. Commissioner Maudlin said that if the balance of the property was to remain in farm land, he didn't think there would be room for the bowling ball garden, statutes, and that signs should not be allowed on the farm land. Commissioner Throop said he would like to see a specific provision in the approval which required the remaining lands to stay in farm use. Landscaping and paving conditions should also be part of the site plan approval process. He asked Kevin Harrison about doing the land use approval and the landscape management zone at the same time. Kevin Harrison said the landscape management review was basically a design review, and that the applicant had not provided the necessary information in the application to allow that review to be done now. He felt it would be more appropriate to do it at the same time as the site plan review. Rick Isham said that in order to make the final decision on the zone change, the Board would have to have the site plan information before them, or they would have to make the zone change conditional on the contemporaneous approval of the site plan and the landscape management issues. He said that Board would have to know what it was approving in order to do the reasons exception. Commissioner Throop asked if the zone change were approved today, could the property owners paint the buildings hot pink and orange without having a site plan first? Rick Isham said they could paint it wild colors, but they could not operate under a conditional use permit, site plan, and landscape management plan with colors which had not been approved. Greg Hendrix, applicant's attorney, said the applicants would have to come to the County for a permit to operate when the County could require that the colors be changed. Rich Isham agreed with him. Greg Hendrix said he would prefer that the Board approve the zone change and leave these issues to the site plan review process. Rick Isham asked Greg Hendrix if he would agree that the zone change, conditional use, and site plan could all be adopted as a package as opposed to making a zone decision now and then waiting for an application for site plan. Greg Hendrix said they would be willing to go along with any way the Board decided to handle it. PAGE 3 MINUTES: 10/3/90 10S - 0 4 8 Commissioner Maudlin asked whether a signed development agreement would be required for landscaping, paving, etc. Kevin Harrison said a development agreement would be required. Commissioner Maudlin was concerned about the signage since some of the current signs were not legal. He said there needed to be legal signs with sign permits. Commissioner Prante said she didn't have a problem with a flea market on the new site; she was just concerned about people living on the site illegally. Rick Isham said the Board needed to decide whether or not a flea market would be allowed on the new site because the Board had to decide what the scope of the approval was under the reasons exception. Commissioner Maudlin said that the flea market would create a lot more traffic on the site. Commissioner Prante said that if the flea market only operated on weekends when other businesses were not in operation, it would not create increased traffic. Commissioner Maudlin said he didn't feel that approval of a "limited" flea market could be enforced. He did not want to allow the flea market at the new site. Greg Hendrix said the applicants would rather have Buffet Flat without the flea market than no Buffet Flat at all. He suggested limiting the flea market to 1/2 acre and suggested differing the issue to site plan review. Rick Isham said the rule required that the Board consider the long-term environmental, economic, social and energy consequences resulting from the uses at the proposed site, which meant the Board would have to consider whether the use was a commercial building or a commercial building and flea market. Commissioner Maudlin felt that saying there could be a "limited" flea market was open to later interpretation. Commissioner Prante said the specifics could be worked out in site plan review. Rick Isham recommended that the Board define what they were approving now. He said testimony had indicated that a flea market operated on weekends only tended to have less traffic conflicts than one which would operate all week. Therefore, the weekend operation would have the lowest impacts. If the Board wanted to keep the flea market, that might be an appropriate scope of the use. Commissioner Maudlin said travel trailers and motor homes came to the site on Thursday and Friday even if the flea market didn't start until Saturday which caused traffic problems. PAGE 4 MINUTES: 10/3/90 Chair Throop asked if staff had any other should be considered by the Board. another issue would be whether t accommodations for the people involved which was another kind of use or a quasi uses which had been applied for were: establishment and amusement park. conditions they felt Kevin Harrison said o allow overnight with the flea market RV park. The limited retail commercial Commissioner Maudlin wanted to add to the conditions the rezoning of the present site to EFU and the removal of the existing trailers where people were living on a basis. permanent Rick Isham said the testimony was that the buildings would be unusable upon construction of the new highway. He said there would be less than one acre of real property left in the Rural Service Center under an exception for what started out as a welding shop. Commissioner Throop said he wanted the property to be rezoned residential, at minimum RSC residential, even better would be RR-10. George Read said a process would have to go through a separate process to make the zoning decision on the current site dependent on the zoning of surrounding property. Greg Hendrix said that he agreed that the new site would be an overnight RV park if the flea market participants were allowed to stay there. He felt that if the Board allowed the flea market, they could add a condition that no one be allowed to stay overnight. Commissioner Throop spelled out the conditions he felt were needed: 1. require that the remaining acreage, beyond the less than 4 acres which would be zoned RSC, and remain in farm use. 2. require paving of the parking area in the site plan. 3. require landscaping in conjunction with site plan. 4. limit residents only to approved dwellings. 5. limit flea market to weekends only; 15 weekends a year; no overnight occupancy in conjunction with the flea market, which would be the maximum scope of the flea market recognizing that the scope could be diminished in site plan review. 6. require that landscape management zone criteria be adhered to during site plan. 7. limited use combining zone would limit it to two uses: retail commercial establishment and amusement park. 8. a resolution initiating a zone change on the existing parcel on the west side. Commissioner Maudlin said he didn't think the County could enforce the flea market conditions. He wanted to disallow the flea market all together. He said the testimony primarily PAGE 5 MINUTES: 10/3/90 .IoEi - 040`5 discussed the uniqueness of Buffet Flat not the flea market. He felt the flea market would expand into the farm area. PRANTE: I'll make the motion to reverse the hearings officer decision and support the application for plan amendment from agriculture to RSC commercial, zone change from EFU 20 to RSC and the conditional use permit with the eight conditions. MAUDLIN: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: NO 3. PUBLIC HEARING ON ORDER 90-138 CERTIFYING ASSESSMENTS ON LEONA LANE LID Before the Board was a public hearing on order 90-138 certifying the assessments for road improvements on roads within Leona Lane LID which contained 26 lots. Dave Hoerning said that the total amount of the work was $49,596.04 for a per lot cost of $1,907.54. Chair Throop opened the public hearing. There being no one who wished to testify, the public hearing was closed. PRANTE: So move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 4. PUBLIC HEARING ON ORDER 90-137 CERTIFYING ASSESSMENTS ON MEADOW LANE AND DYKE ROAD LID Before the Board was a public hearing on Order 90-137 certifying the assessments for road improvements within Meadow Lane and Dyke Road LID. Dave Hoerning said that the total cost was $77,503.67 for a per lot cost of $1,987.27 with 39 lots. Chris Lindsay, 16237 Dyke Road, questioned why the assessments were distributed among the property owners equally as opposed to assessing by the amount of property fronting the improved road. Dave Hoerning said that when the petition was started, it had been agreed to do it this way because each of the lots was one acre, and there could only be one dwelling per lot. Mr. Lindsay did not think it was fair to distribute it this way and felt it should be done by area fronting the road. PAGE 6 MINUTES: 10/3/90 105 - 040 Commissioner Throop asked Mr. Lindsay if he was going to oppose the assessment and he said no, he was in agreement with the total assessment but he still didn't like the way the costs were allocated. Commissioner Throop said that when the petition was put together, it was determined how the costs would be distributed and could not be changed at this public hearing. He said the decision left to Mr. Lindsay was whether to support or oppose the assessment. John Boyle from North Drive testified that he had not heard about the LID until two weeks ago. He purchased three lots (1.9 acres), one of which fronted the LID. He had the lots combined into one lot with its only access on North Drive. He did not feel that he should be part of the LID since he did not access onto the LID road and since the property had always been and would continue to be fenced along the LID. Larry Rice said the test was whether it was an appropriate lot to be in the original LID when formed, and did it benefit or could it potentially benefit from the LID. Rick Isham said he was not positive whether intervening factors could be taken into consideration. Commissioner Prante asked who would pay this lot's assessment if the Board agreed to take it out of the LID. Rick Isham said it could be distributed amongst the remaining participants in the LID, which would put it over the original engineer's estimate, or the Public Works Department could absorb the costs. Hester Lindsay, 16237 Dyke Road, asked if a specific lot had been included in the LID and was told that it was. Darrell Gavette, Beaverton, asked what the interest rate would be and whether the County would maintain the roads now. Dave Hoerning said the interest rate would be around 10% and that the roads were now County roads which the County would maintain. Chair Throop closed the public hearing. PRANTE: I would move that we remove John Boyle Is property from the assessment and that be absorbed at Public Works. MAUDLIN: Second. Commissioner Maudlin felt that any error in the process had been made by the previous property owner for not forwarding the information to the new owner. He felt the appropriate parties had been notified. PAGE 7 MINUTES: 10/3/90 1.0s - 040 7 VOTE: PRANTE: YES THROOP: YES MAUDLIN: NO PRANTE: Move signature of Order 90-137 with the one lot removed. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Abstain 5. PUBLIC HEARING: ORDER 90-119 EXCHANGING INTERESTS WITH AMERICAN LEGION AND CITY OF REDMOND Before the Board was a public hearing on Order 90-119 providing for the exchange of contingent future interests with the Ray Johnson Post #44, American Legion and the City of Redmond. Chair Throop opened the public hearing. Brad Chalfant said the County had received a request from the City of Redmond to transfer the County's reversionary interest on property owned by the American Legion (the Legion Hall) to a park which the City owned. Chair Throop opened the public hearing. Walt Winter, past commander of post #44 in Redmond, said the Legion had not agreed to make this exchange. They had no objection to having the reversionary clause taken off the their property, however it would have to go before their membership before approval could be made. He said nobody from the City of Redmond had contacted them about this exchange. Chair Throop said he would contact the City of Redmond to see what had happened. Brad Chalfant said the order provided that title had to be reviewed by legal counsel, and that the transaction would not occur until legal counsel had passed judgement that the title was proper. He suggested that the Board go ahead and sign the Order. Chair Throop asked Mr. Winter if he would be comfortable having the Board move forward on the decision contingent upon American Legion approval or prefer that it be deferred it until later. Mr. Winter said he would prefer the Board proceed, with the condition that it would have to have American Legion approval. Mr. Chalfant said that if the American Legion did not provide a deed transferring their reversionary interest, then the transfer would fail so there was no reason to postpone action. PAGE 8 MINUTES: 10/3/90 Donald Littlefield, member of the American Legion Executive Committee, said they liked the idea but would like to enter negotiations with the City. Commissioner Throop asked if it would be acceptable to Mr. Littlefield if the Board approved the Order today conditioned upon full approval, acceptance, and signature of all the legal document by the American Legion. Mr. Littlefield said that would be acceptable. Commissioner Maudlin asked who owned the property. Brad Chalfant said the County owned a reversionary interest on the American Legion Hall, and the American Legion had a reversionary interest on Ray Johnson Park; so a three way trade was being made. The County would end up with a reversion on Bowlby Field, and the County would release its interest in the American Legion Hall, and the City would get a release of the American Legion's interest in Ray Johnson Park. He said by state law, the County could not relinquish its reversionary interest but had to move it to another property. Chair Throop closed the public hearing. PRANTE: I would move signature of Order 90-119 contingent upon American Legion approval. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Abstain 6. PUBLIC HEARING: 90-130 ANNEXATION OF TERRITORY ON CHINA HAT ROAD TO RFPD #2 Before the Board was a public hearing on Order 90-130 approving the annexation of territory on China Hat Road to Deschutes County Rural Fire Protection District #2 and setting a final public hearing for November 7, 1990. Chair Throop opened the public hearing. There being no one who wished to testify, the public hearing was closed. PRANTE: Move signature of Order 90-130. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Commissioner Maudlin left the meeting at this time. PAGE 9 MINUTES: 10/3/90 IC,~r,,* - 0 4 8 7. ORDER 90-136 ON RIVERWOOD LID Before the Board was signature of Order 90-136 accepting the Engineer's report on Riverwood LID and setting a public hearing for October 31, 1990. Dave Hoerning said the estimate was $85,000 which benefitted 26 lots. PRANTE: Move signature of Order 90-136. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused items #11, 13 and 15 were postponed one week. Commissioner Maudlin reentered the meeting. 8. ORDER 90-038 ADOPTING TITLE 19 OF THE DESCHUTES COUNTY CODE Before the Board was signature of Ordinance 90-038 adopting Title 19, Bend Urban Growth Boundary Zoning Ordinance, of the Deschutes County Code, repealing Ordinance No. PL-11 and declaring an emergency so the Ordinance would take effect on its passage. PRANTE: I would move first and second reading by title only for Ordinance 90-038. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop performed the first and second readings of Ordinance 90-038. PRANTE: Move adoption. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 10 MINUTES: 10/3/90 I()5 - 0 4 9 0 9. 10. CODE ENFORCEMENT TASK FORCE RECOMMENDATIONS Before the Board was consideration of the Code Enforcement Task Force recommendations. Commissioner Maudlin said that the issue should be looked at slowly since there would be a very expensive retrial coming up in the District Attorney's office which would cost a minimum $20,000. Commissioner Throop said it was essential that the County move forward with code enforcement. A task force was appointed to f ind the best means to move forward, and the County had a much larger beginning cash balance than in past years. He felt this was one area where there was a lot of public attention, and it was an issue that the Board needed to come to grips with and to move forward. Commissioner Prante said it was an emergency to get code enforcement out of the District Attorney's office and into legal counsel's office. Commissioner Maudlin asked where the new staff person would be located. Commissioner Throop said that Karen Green had indicated that she would find a place within Community Development to house this person until more satisfactory arrangements could be made, but that the position would answer to the County Counsel. Karen Green said that the recommendation included: (1) authorization of the .6 FTE, (2) discourage continuances, and (3) proactively work to increase sanctions at the state level. PRANTE: I will so move including those three items. THROOP: I'll second the motion. Commissioner Maudlin said he felt this was a terrible mistake, and that it was not the way to handle this situation. VOTE: PRANTE: YES THROOP: YES MAUDLIN: NO RATIFICATION OF APPROVAL OF OUT-OF-STATE TRAVEL Before the Board was ratification of Chair Throop's authorization for out-of-state travel for a Health Department employee to attend a clinical training program in Seattle. MAUDLIN: I move approval of out-of-state travel for the clinical training program in Seattle. PAGE 11 MINUTES: 10/3/90 10 E i - 0 4 9'' 1 PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. REVISION #1 OF OREGON HEALTH DIVISION NOTICE OF GRANT AWARD Before the Board was chair signature of Revision #1 of the Oregon Health Division Notice of Grant Award. PRANTE: I move chair signature of Revision #1 of Oregon Health Division Notice of Grant Award. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 12. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $120,060.21. PRANTE: Move signature upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 13. RESOLUTION 90-097 PROCLAIMING OCTOBER 6-13 AS RECYCLING AWARENESS WEEK PRANTE: Move signature. MAUDLIN: I second that motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 14. MP-90-23 FOR THE BEACHES Before the Board was signature of MP-90-23 creating two parcels at 4000 SW Canal Blvd in Redmond for the Beaches. PRANTE: Move signature. MAUDLIN: Second. PAGE 12 MINUTES: 10/3/90 105 - 0 4 0 ' VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS Bey is, Lois B istow Prante, Commissioner Tom Thro , Chair Di Maudlin, Commissioner , BOCC:alb PAGE 13 MINUTES: 10/3/90