Loading...
1990-35591-Minutes for Meeting October 24,1990 Recorded 11/26/199090-35591 110 9 MINUTES DESCHUTES COUNTY BOARD OF COMMISSION$RS,,,,,,, October 24, 1990 Chair Throo opened the meetin at 10 a.m. Boil,>_ in ereDick Maudlin, Tom Throop and Lois B~fS`~*ran°ten Also present were: Rick Isham, County Legal Counsel; Bruce White, Assistant Legal County; Brad Chalfant, Property Manager; Kevin Harrison, Planner; Karen Green, Community Development Director; and George Read, Planning Director. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Resolution 90-100 initiating Sunny Acres LID; #2, signature of Resolution 90-099 initiating Westwood Lane LID; #3, approval for Community Development Department to discontinue wood stove inspection program effective December 1, 1990; #4, signature of contract with St. Charles Medical Center Foundation for the Healthy Start Program; #5, signature of contract with Bend/LaPine School District for Teen Parent Program; #6, signature of contract with Bend/LaPine School District for LaPine Great Start Preschool Program; #7, signature of contract with Redmond School District for Teen Parent Program; #8, signature of Order 90-147 changing name of a portion of Deer Avenue and all of Rim Lane to Dorrance Meadow Road; #9, signature of Order 90-146 establishing the Road name of Serenity Way; #10, signature of MP-17-89 near 27th and Neff for Atwater, Caine and Gozdowski; #11, signature of Tax Refund Order 90-149; #12, signature of MP-90-45 creating two parcels along Masten Road for Crown Pacific Ltd; and #13, signature of Resolution 90-095 declaring intention to exchange County property on 23rd Street in Redmond for land along the Deschutes River and setting a public hearing for December 5, 1990. PRANTE : I would move consent agenda. .f, f`0 F., MET" MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. MULTIPLE USE OF CONFERENCE ROOM A, JUVENILE JUSTICE Dennis Maloney, Community Corrections Director and Ernie Mazorol, Court Administrator came before the Board to explain their continued need to use Conference Room A as a courtroom for the Juvenile Referee. PAGE 1 MINUTES: 10/24/90 ~9p; 1.05 - 1110 The Board agreed that the Juvenile Referee could continue to use the room with the condition that there might be times when the Juvenile Referee would be asked to find another facility because the Commission needed it. If this happened very often, the issue would be discussed again. 3. PUBLIC HEARING ON ORDER 90-134 TRANSFERRING OF 120 ACRES TO BEND METRO PARKS AND RECREATION DISTRICT AND BARGAIN AND SALE DEED Before the Board was a public hearing on Order 90-134 transferring Deschutes County's interest in 120 acres of property located northwest of Ward and Gosney to the Bend Metro Park and Recreation District. Consideration for the transfer of this property would be the continued use of the property for public park purposes. Chair Throop opened the public hearing. Chet Wickman, Bend Metro Park District Board member, said that he appreciated the cooperation between Deschutes County and Bend Metro Park and Recreation District. Ernie Drapela, Bend Metro Park District Director, testified that the area would probably not be developed for 10-15 years, but felt it was important to accumulate the property when it was available. Commissioner Maudlin expressed concern that such a large piece of prime property was being taken off the tax roles. He felt the property should be sold to a private party. Commissioner Prante felt that open space was important and should be preserved for future generations. Commissioner Throop agreed. Chair Throop closed the public hearing. PRANTE: I move signature of Order 90-134 and Bargain and Sale Deed. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: NO 4. PUBLIC HEARING ON ORDER 90-140 APPROVING MEREDITH ANNEXATION TO DESCHUTES COUNTY RFPD #2 AND SETTING FINAL HEARING Before the Board was a public hearing on a petition requesting annexation of the Meredith territory into the Deschutes County Rural Fire Protection District #2. Chair Throop opened the public hearing. There being no one who wished to testify, the public hearing was closed. PRANTE: I would move signature of Order 90-140. PAGE 2 MINUTES: 10/24/90 105 - 1111 MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 5. PUBLIC HEARING ON ORDINANCE 90-007 UNIFORM LAND USE ACTION PROCEDURES Before the Board was a public hearing on Ordinance 90-007 providing for uniform land use action procedures and repealing Ordinance 82-011. Bruce White said they were not prepared to go forward with the public hearing and recommended that the public hearing be continued to Wednesday, December 7, 1990. Chair Throop opened the public hearing. Ruth Twining, PO Box 1017, Sisters 97759, representing "Friends of Central Oregon," submitted a letter requesting that the public hearing be postponed to allow more time for review of the proposed ordinance. Chair Throop continued the public hearing to Wednesday, November 7, 1990 at 10 a.m. 6. BUFFET FLAT DELUXE DECISION Before the Board was discussion of their recent Buffet Flat Deluxe decision in light of new information regarding the ownership of the existing Buffet Flat site on the west side of Highway 97. The Board's original decision had been to rezone the proposed site on the east side of Highway 97 to RSC with several conditions, one of which was the rezoning of the current RSC-zoned property on the west side of the highway to a resource or rural residential zone. Karen Green said she had submitted the attached memo to the Board outlining alternatives in light of the new information brought to the Board's attention on Monday. She said the process to rezone the RSC site on the west side of Highway 97 would be a quasi-judicial process because it focused on one parcel only and therefore could not be initiated by the Board. She said the Commissioners could not achieve the result they had wanted in their original decision without the consent of the current property owners who had indicated they did not intend to go along with any rezoning of their property. She said that left them with the alternatives of either going ahead with the original decision, which was impossible to achieve; or reopening the public hearing so that the new information could be put on the record, and then make a decision. She said the property was sold on the first of April for "what most people would agree was a commercial PAGE 3 MINUTES: 10/24/90 105 . 11.12 value" of approximately $160,000. Commissioner Prante said she never remembered that coming out in the public hearing. Commissioner Throop said he had asked the applicant specifically "who owned the property that you're currently on," and the response was his parents. Commissioner Maudlin said he thought he had told Commissioner Throop he thought Mr. Carsey's parents owned the property. He suggested that a verbatim transcript of these areas from the public hearing be made. Karen Green said the best approach would be to reopen the public hearing since any additional information that they might want to consider would need to be put on the record. Commissioner Maudlin said that the problem was not so much what they heard but what they did not hear. There were omissions which might have made a difference in the Board's decision. Commissioner Throop said that if, in fact, there was no opportunity to down zone the RSC on the west side, he felt it would kill the application on the east side. Rick Isham clarified that the only reason this issue was brought back to the Board was because there was a practical impossibility to achieve the Board's decision. Commissioner Maudlin said the applicants had testified that the only money they would be getting because of the highway was coming through was $10,000, and there was more money involved than that. Commissioner Prante said what had influenced her decision was that there was an existing business which was being forced to move, and the only place they could reasonably go was across the street. If they were moving because they had sold the property and not because they were being forced to move, it would change the circumstances on which she had made her decision. Greg Hendrix, attorney for the applicant, said there were good solid answers to most of the Commissioners' questions, and most of the information he didn't know until recently. He said when the question was asked regarding who owned the property, and Gene answered that his parents owned the present location, he wasn't sure that Gene had answered the question that Mr. Throop had asked. He said he had since spoken with Gene Carsey about the exchange, and Mr. Carsey said he sincerely thought the question Commissioner Throop asked was "where they're at" meaning "where they're planning to go." He said Mr. Carsey's parents owned the parcel for which they were requesting the zone change, and the applicants were purchasing this property from them. The parents had purchased the property from the McNeily's for $80,000. He said on the existing Buffet Flat property, Mike had a balloon payment PAGE 4 MINUTES: 10/24/90 x-05 - 1113 which was due and couldn't get financing because there was no water on the property. So they sold the property in order to make the balloon payment. Since there would be less than an acre left after the highway came through, and the County ordinance required a number of special things happen if there was less than an acre with no sewer and no water, he said it wouldn't have been feasible to continue the business there. He said they didn't realize very much cash from the sale of the property. Commissioner Throop said the legal documents indicated that the parcel on the west side was sold for $192,000. He said it looked on the surface like there was an attempt to withhold information from the Commissioners. He said the proposal was to take the RSC zoning from the west side of Highway 97 and shift it to the east side. He said no one would pay $192,000 for a parcel in that location unless it was zoned commercial. He said it appeared the applicants were looking to substantially improve their cash position by selling the old parcel for commercial uses and then requesting to move the commercial zoning to the new site. Greg Hendrix said the parcel was actually quite large (29.72 acres) and only part of it (1201by 3001) was zoned for RSC. He said property owners were under no obligation to make any warranty regarding the zoning of the property. If Mr. Fagen, the new property owner, requested a commercial use for this property, he would have a substandard lot and would have to get the County's approval for the use. Commissioner Prante pointed out that at no time when the Commission discussed down zoning the west side property did anyone bring up the fact that the property had already been sold as commercial property. Commissioner Throop said the application, as he understood it, was to move the RSC zoning from the west side to the east side. Greg Hendrix agreed. Commissioner Throop asked how the applicants could request that kind of movement when they didn't own the land. Greg Hendrix said the applicants never represented that they owned the property on the west side of the highway. He said there was no application submitted about changing the zoning on the property on the west side of the highway. Commissioner Throop asked if in Mr. Hendrix' mind, they had asked the Commission to retain the existing RSC on the west side and to approve a new RSC on the east side. Mr. Hendrix said in his mind he was not concerned about what happened on the west side other than the highway was going to leave less than acre. Commissioner Maudlin said the testimony was that there would not be enough room to operate on the west side of road once the Highway Department took the property, but it appeared to him that there was more than one acre of RSC zoned land left on the parcel after the highway came through which would meet PAGE 5 MINUTES: 10/24/90 105 - 1114 the requirements of the RSC zone. He said he was not going to make a decision without hearing from the applicants again. He said maybe the Board wasn't misinformed, but they weren't informed properly. Commissioner Prante said she concurred that it would be premature to make a decision that day. Commissioner Throop agreed that they needed to get the new information into the record, deliberate, and make a new decision. Chair Throop said the Buffet Flat decision was nullified because the conditions could not be met. Chair Throop said that Greg Hendrix would be given an opportunity to respond to Karen Green's memo by the end of the day on Friday, October 26, 1990. Chair Throop said on Monday, October 29, another public hearing would be scheduled and that all parties would be notified of the date and reasons for the additional hearing. 7. ORDINANCE 90-041 AMENDING COMP PLAN & ORDINANCE 90-039 AMENDING PL-11 TO EXTEND CITY SEWER TO INN OF THE 7TH MOUNTAIN Before the Board was signature of Ordinance 90-041 amending Ordinance No. PL-20, the Deschutes County Year 2000 Comprehensive Plan and Ordinance 90-039 amending Ordinance No. PL-11, the Bend Area General Plan, to allow the extension of the City of Bend sewer lines to property outside the Urban Growth Boundary designated as Seventh Mountain Golf Village and the Inn of the Seventh Mountain, a destination resort located west of the City of Bend. The Commissioners held a public hearing on this issue on August 15, 1990. PRANTE: Move first and second reading of Ordinances 90-041 and 90-039 by title only. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop performed the first and second reading of Ordinance 90-041. MAUDLIN: Move signature of 90-041. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop performed Ordinance 90-039. the first and second reading of PAGE 6 MINUTES: 10/24/90 105 -1 1115 MAUDLIN: Move signature of Ordinance 90-039. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 8. AMENDMENT TO URBAN GROWTH MANAGEMENT AGREEMENT WITH CITY OF BEND Before the Board was signature of an Amendment to the Agreement between the City of Bend and Deschutes County for the Joint Management of the Bend Urban Area to allow the City sewer lines to service outside the urban growth boundary only in accordance with the County's Comprehensive Plan. This amendment would allow extension of the City of Bend sewer lines to the Seventh Mountain Golf Village and the Inn of the Seventh Mountain. MAUDLIN: Move signature. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 9. SMOKING POLICY FOR LAW LIBRARY Before the Board was a request that smoking be banned in the Deschutes County Law Library. The Board decided to defer this item one week. 10. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $238,829.75. PRANTE: I would move signature upon review. MAUDLIN: I'll second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 7 MINUTES: 10/24/90 • 1® 1116 11. ADOLESCENT SEX OFFENDER RESIDENTIAL TRANSITION PROGRAM CONTRACT Before the Board was chair signature of the Adolescent Sex Offender Residential Transition Program Contract with the Children's Services Division. Rick Isham requested that the Board approve signature upon receipt of the appropriate standard conditions. PRANTE: Move signature conditioned upon the appropriate conditions. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 12. LETTER TO SECURITY PACIFIC BANK REQUESTING AMENDMENT Before the Board was a request from Rick Isham for approval of Board signature on a letter to the Security Pacific Bank, Trustees approving an amendment allowing more funds for the remodeling of the Bend hardware building. MAUDLIN: I so move. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS Lois Bri tow Prante, Commissioner TomlThroP, Chair /ii;, Vommissioner BOCC:alb PAGE 8 MINUTES: 10/24/90 10s A 111? PUBLIC HEARING SPEAKER'S LISTING , ~ , PUBLIC BFAWNG TOPIC:oi~L4l e, 4590 7 , TIME: /Z~ a~~ NAME ADDRESS CITY ZIP PHONE 3. , 4. 5. 6. 7. 8. , 10. 11. 12. _ 13. 14. 15. 16. 17. 18. 2.