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1991-22665-Minutes for Meeting July 31,1991 Recorded 8/7/199191-226G5 MINUTES 60 0107 04 A DESCHUTES COUNTY BOARD OF COMMISSIONERS JlV v V July 31, 1991 rn[u Maudlin called the meeting to order at 10 a.m. Board ers in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were Rick Isham, County Counsel; Karen Green, Community Development Director; Dave Leslie, Planner; Jim Raisenan, Planner; Dale Van Valkenburg, Planner; and Mike Maier, County Administrator. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, approval of out-of-state travel for solid waste director to attend conference in Seattle; #2, signature of dedication and acceptance of road right of way along Bear Creek Road; #3, approval to contribute $500 toward the Transportation Ridership Survey; #4, signature of Indemnity Agreement for 6th Annual Terrebonne Good Earth Celebration on 8/17/91; #5, signature of MP -90-25 creating two lots on 40 acres along Hamby Road for Purcell; #6, chair signature of liquor license renewals for Wagners in South Bend, 7 -Eleven Food Store in SE Bend, Tumalo Feed Company, Terrebonne Market, LaPine Mini Mart; Wickiup Junction, and TJ's Quick Stop in LaPine. SCHLANGEN: I move approval of the consent agenda. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. MP -90-74 FOR FRED AND JUDY GUNZNER. Before the Board was signature of MP -90-74 creating two parcels of 66 -acres and 256 acres in an EFU-80 zone. Jim Raisenan said there was an approved variance of the minimum lot size on this partition (Variance 90-37). The original parcel was 320 acres of which 256 was zoned for surface mining. That left 66 acres which the Planning Division felt was adequate for a farm operation. To remove the surface mining boundaries in order to create an 80 acre parcel would have created a much greater hardship on the applicant. THROOP: I'll move signature of MP -90-74. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 1 MINUTES: 7/31/91 3. MJP-91-3 FOR STEPHEN JAOUA 0107 C605 4. Before the Board was signature of MJP-91-3 creating three farm parcels of 80, 120 and 120 acres in an EFU-40 zone off Fryrear Road for Stephen Jaqua. Dale Van Valkenburg said the Jaqua's had received a variance to the road standards since it was completely surrounded by BLM lands. There were no irrigation rights on these properties, however Mr. Jaqua had indicated that he had a 500 gallon a minute well and was currently irrigating part of the property. Commissioner Throop asked how much of the 320 acres was currently under irrigation. Mr. Van Valkenburg said only about 25 acres. Commissioner Throop asked what the standards were for taking a 320 acre parcel and dividing it into three farm parcels in an EFU-40 zone. Mr. Van Valkenburg said that if the applicants were creating farm parcels, the only test was whether they met the minimum lot size which these did. Commissioner Throop asked if it would trigger the subdivision ordinance if there was an application submitted in the future to create further partitions? Mr. Van Valkenburg said that it would not according to a memo he had from Kevin Harrison, Senior Planner, who interpreted the rural lands policy to only apply to residential zones (RR -10 and MUA-10). Commissioner Throop asked if someone could split 320 acres into eight parcels and circumvent the subdivision ordinance. Mr. Van Valkenburg said it would have to be done one at a time, but that he thought it could be done. Rick Isham said there was a provision in the subdivision ordinance that said when the fourth lot was created, showing a pattern of division, it would trigger the subdivision ordinance. Chairman Maudlin expressed concern about whether Mr. Jaqua or the potential buyers of any of these parcels were aware that requesting one more partition on any of these properties would trigger the subdivision ordinance. The Board requested that this item be postponed one week for further investigation. INTEGRATED TOOL CARRIER ARTICULATED FRONT END LOADER Before the Board was award of bid for the purchase of an Integrated Tool Carrier Articulated Front End Loader to the low bidder which was Pape' Bros., Inc. for $89,320. THROOP: I will move the award to Pape' Bros. in the amount of $89,320. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 2 MINUTES: 7/31/91 5. 6. 0107 0606 AWARD OF CONTRACT FOR 6 X 4 TRUCK TRACTOR Before the Board was award of bid for the purchase of a 6 x 4 Truck Tractor to Farwest Truck Center for $59,528.97. THROOP: I'll move approval of the bid. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES ORDINANCE 91-036 AMENDING COMPREHENSIVE PLAN TO RESPOND TO LCDC CONTINUANCE ORDER Before the Board was signature of Ordinance 91-036 amending PL -20, the Deschutes County Comprehensive Plan concerning mineral and aggregate resources for surface mining sites #400 and #541, to respond to LCDC Continuance Order 91 -CONT -752. Dave Leslie gave the Board a new Exhibit B to Ordinance 91-036 which responded to the continuance order from LCDC regarding sites #400 and #541. Site #400 would be removed from the inventory and retain its EFU zoning, while Site #541 would remain on the inventory, would not be zoned for surface mining, and would retain it flood plain and landscape management zoning. THROOP: I'll move first and second reading by title only of 91-036. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Bruce White clarified that the revised Exhibit B was what the Board was voting to include as part of Ordinance 91-036. Chairman Maudlin performed the first and second readings of Ordinance 91-036. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 3 MINUTES: 7/31/91 0107 0607 7. TAX REFUND ORDER 91-097 Before the Board was signature of tax refund Order 91-097 which would refund $350.60. THROOP: I'll move signature of tax refund Order 91-097. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 8. RESPONSIBILITY FOR MENTAL COMMITMENT HEARINGS This item was postponed until it could be discussed with the District Attorney. 9. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $192,149.09. SCHLANGEN: Move approval upon review. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. CONSENTS TO ANNEX COUNTY PROPERTY TO THE CITY OF BEND Before the Board was a request from the City of Bend to sign two Consent to Annexation agreements for two County owned properties (17-12-21B TLs 1206 and 1500) on Empire Avenue. These consents would allow the City of Bend to include the portion of these properties which was outside the Empire Avenue right of way in the Nels Anderson Annexation Project. THROOP: I'll move signature of the Consents for both of the annexations. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 11. REMODEL OF BOARD MEETING ROOM IN JUVENILE JUSTICE CENTER Commissioner Throop said that he felt it was important not to reduce the size of the room during the remodeling of the building, especially since it was the last large meeting room PAGE 4 MINUTES: 7/31/91 0107 0608 in the County. He felt that it might be possible to have movable partitions to make the room into two smaller room when necessary. Mike Maier said there were no funds in the budget for partitioning the room, but that it could be considered in the future. Mike Maier said they would also be talking with the courts to determine their needs for the room, but were hopeful that the Board and the courts could use the same seating arrangement. 12. CENTRAL OREGON TASK FORCE Commissioner Throop reported that the Central Oregon Fire Task Force had been working for the past seven months to respond to the lessons learned from the Awbrey Hall fire. The Fire Prevention Cooperative worked parallel to and as a subcommittee of this Task Force, and fire prevention and response plans and strategies have been implemented. The Media and Communications Subcommittee worked to improve the dissemination of both emergency and news/public information in a more timely, clear, and less cumbersome manner. Finally, the Command Center Subcommittee formulated the development plan for the Command Center, which would be located in the City of Bend Public Works Department meeting room on Forbes Road. The following budget was prepared to implement the plans from the Task Force and its three subcommittees: Command Center U.S. West telephone extensions (13) 559 Media/Cellular telephones (2) 1,780 Miscellaneous equipment (generator connection to building, fax, modem, computer terminals, office supplies) 3,988 Fire Prevention/Response Materials 9,025 TOTAL: $15,352 Members of the Task Force had received an estimated $11,000 in donated materials and services. When the cash was raised, 1) the Fire Prevention Cooperative would print and distribute the fire prevention response materials to all rural households within two weeks; and 2) a working group would construct the Command Center and complete its operations plan. They proposed raising the $15,352 in the following manner. The seven larger entities would be asked to contribute a full share of $1,616; and the smaller entities would be asked to contribute a 1/2 share of $808. The City of Bend would serve as the repository for the money and manage the construction of the Command Center and the distribution of the public information. When an event occurred, the Command Center would be operational in 30 minutes, rather than the 24 hours experienced during the Awbrey Hall fire. PAGE 5 MINUTES: 7/31/91 010'7 0609 Commissioner Throop recommended that Deschutes County participate at the $1,616 level and fund the County contribution from the Industrial Development Revolving Fund. Chairman Maudlin expressed concern that the last time pamphlets were made up, most of them ended up sitting in the fire hall or were thrown away, and hoped that would not happen this time. Commissioner Throop said the pamphlets would be clearly identified as something the household should keep in the event of an emergency. Commissioner Schlangen suggested having media exposure of the pamphlet to improve its acceptance and use. MAUDLIN: I would entertain a motion for funding of the Fire Task Force Consortium in the amount of $1,616 to be funded from the Industrial Development Revolving Fund. THROOP: I'll make the motion. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES COUNTY BOARD OF COMMISSIONERS T roop Commissi ner Tq�, P - Nancy Pope Sch angen, Commis ioner D44 Maudlin, Chairman BOCC:alb PAGE 6 MINUTES: 7/31/91