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1991-29755-Minutes for Meeting September 04,1991 Recorded 10/8/19910 010'7 1'746 91 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS September 4 1991 Chairman Maudlin called the meeting to order at 10:00 a.m. Boars members in attendance were Tom Throop, Dick Maudlin, and Nancy Pope Schlangen. Also present were: Rick Isham, County Counsel; Bruce White, Assistant Legal Counsel; Karen Green, Community Development Director; George Read, Planning Director; Paul Blikstad, Planner; Darrell Davidson, Sheriff; Dennis Maloney, Community Corrections Director; Tom Blust, County Engineer; and Florence Torrigino, Health Department Director. 1. PUBLIC HEARING: CONSIDERATION OF ORDINANCES 91-030 91-031 91-032, AND 91-033 Before the Board was a public hearing considering Ordinances 91-030, 91-031, 91-032, and 91-033, concerning applications by Cascade Highland, Inc. for plan amendments and zone changes for the Broken Top Planned Unit Development. Paul Blikstad reported that the proposed development contained 482 acres with 675 dwelling units and an 18 -hole golf course. The applicant has filed eight land use applications for this development, three for conditional use permits, and the remainder were plan amendments and a zone change application. The applications included a plan amendment to move the alignment of Mt. Washington Drive, to move an 80 -acre industrial reserve area, and a plan amendment and zone change to amend the plan designation and rezone certain property from UAR-10, Urban Area Reserve, to RS, Standard Residential, and from RS, Standard Residential, to Urban Area Reserve. It was considered an even exchange but it was discovered that the area inside the inner urban growth boundary was actually zoned UAR-10. It was assumed that because the area was within the IUGR, it was zoned standard density residential, but it was not. Also included was a plan amendment to remove and relocate a park designation on a 21 -acre portion of the subject property, and a plan amendment with a goal exception to statewide planning goals 11 and 14 to establish a private access road to Century Drive for the PUD outside of the acknowledged inner urban growth boundary. Public hearings were held on April 25, 1991, and May 9, 1991. The Hearings Officer's written decision was issued June 21, 1991. The Hearings Officer recommended approval of all the plan amendments and the zone change, and made findings hat PAGE 1 BOARD MINUTES 9/4/91 �� KtYp, MED N Z 3i y, 0107 1747 the proposed density of the project had to be increased. The Hearings Officer also found that the urban growth boundary change did not require a goal exception. The proposed private access road from Century Drive was found to be a limited access private road which would not be considered a significant collector road for the development and would not require an exception to statewide goal 14. He stated that the purpose of this hearing was to adopt the four ordinances before the Board. A hearing is required on the park relocation, so that issue was also a part of today's public hearing. Commissioner Throop asked for clarification on the role of the Board in this hearing. Karen Green stated that the only matter requiring a hearing was the plan amendment which must go before the Board of County Commissioners and be approved. The ordinances were present just for signature as the changes were adopted, no appeal was taken, and nothing was called up by the Board. Commissioner Maudlin opened the public hearing on the consideration of Ordinances 91-030, 91-031, 91-032, and 91- 033. Commissioner Throop asked for information about the private access road outside the urban growth boundary. Paul Blikstad stated that the Hearings Officer in his decision referred to the private access road on pages 12 and 13. He stated that in this project, the private access road was proposed to be the access to the development and that the applicant had originally taken the position that they did not want to build Mt. Washington Drive which was designated on the plan as a north/south arterial in the Bend urban area. Denial of this project was originally recommended with one of the reasons being that the applicant did not want to build a major urban transportation route and then build another secondary access road leading to the project. The applicant subsequently decided that they would build Mt. Washington Drive. After the burn, Mt. Washington Drive became the access to the development. He stated that the proposed access road was to be postponed until Phase V in the project. Commissioner Throop asked about the primary access being via Simpson and Mt. Washington Drive to the Broken Top Subdivision and how would that be ensured if there is another private access road to the west which is outside the urban growth boundary. PAGE 2 BOARD MINUTES 9/4/91 0167 1748 Paul Blikstad stated the private access road was required to have a guard station. He stated that the short route from town would be Simpson Road, but admitted that it would be difficult to answer whether that could be controlled. George Read stated that the Hearings Officer found that an exception was not required on the access route because it was not going to be a significant collector. The traffic study showed that people did not use that right-of-way in any significant manner and that the controlled access to the development would limit any public exiting. Commissioner Throop asked for discussion regarding the appropriateness of having private communities within the urban growth boundary. George Read stated that private communities are encouraged by the Comprehensive Plan. PUDs are allowed to have private roadways which are maintained by the development itself. Commissioner Throop asked what the staff's impression was for the necessity to realign Mt. Washington Drive. He asked why Mt. Washington Drive should be realigned for the benefit of this development. George Read said that there were changes in circumstance and that the Hearings Officer did address that issue and that his findings supported the applicant's position. Chairman Maudlin asked if there was anyone wishing to address the plan amendment. Bob Lovlien, 40 N.W. Greenwood, Bend, Oregon, is the attorney for the applicant. He stated that he has worked on this project for over two years and that it was agreed the applicant would build Mt. Washington Drive and that it would become the primary entrance into the project. He stated that Simpson Avenue would also be extended and that traffic reports indicate this will remain the primary access. Public access to the club house for the golf course will be from Mt. Washington Drive. Mr. Lovlien stated that he and the applicant concur with the Hearings Officer's decision. Chairman Maudlin asked for any additional testimony. As there was none, the public hearing was closed. THROOP: I'll move first and second reading by title only of Ordinances No. 91-030, 91-031, 91-032, and 91-033. SCHLANGEN: Second. PAGE 3 BOARD MINUTES 9/4/91 VOTE: THROOP: YES 49 0107 1749 SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin conducted the first and second reading of Ordinance No. 91-030. SCHLANGEN: Move adoption of 91-030. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin conducted the first and second readings of Ordinance No. 91-031. SCHLANGEN: Move adoption of 91-031. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin conducted the first and second readings of Ordinance No. 91-032. SCHLANGEN: Move adoption of 91-032. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin conducted the first and second readings of Ordinance No. 91-033. SCHLANGEN: Move adoption of Ordinance 91-033. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 4 BOARD MINUTES 9/4/91 0107 1750 2. PUBLIC HEARING: REVIEW OF HEARINGS OFFICER'S DECISION ON CU - 91 -57, A CONDITIONAL USE FOR A HORSE ARENA FOR THE BREEDING, BOARDING AND TRAINING OF HORSES IN THE MUA-10 ZONE FOR MOODY. Postponed until September 11, 10 a.m., Juvenile Justice Center, Room A. 3. PUBLIC HEARING: CONSIDERATION OF ORDER 91-106, APPROVING THE ANNEXATION OF THE LIPPERT PROPERTY TO THE SISTERS/CAMP SHERMAN RFPD AND SETTING THE FINAL HEARING FOR OCTOBER 2, 1991. Before the Board was a public hearing on an order approving the annexation of territory to Sisters -Camp Sherman Rural Fire Protection District and Notice of Final Hearing. Chairman Maudlin opened the public hearing. Bruce White presented the staff report. He stated that this property was originally going to be part of a previous annexation and at the last minute, the property owner decided he did not want to be annexed. Mr. Lippert now desires annexation into the rural fire protection district and his property is the only one affected. There being no one who wished to testify, the public hearing was closed. THROOP: Move signature of the order and set the hearing. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 4. RESOLUTION 91-078 REGARDING VACATION OF PUBLIC RIGHT-OF-WAY OFF CASCADE AVE., & ORDER 91-098, SETTING A PUBLIC HEARING FOR OCTOBER 16, 1991. Before the Board was signature of Resolution 91-078, accepting petition and engineer's report regarding vacation of public right-of-way off of Cascade Avenue as designated on MJP-78-64, and signature of Order 91-098, setting a public hearing relating to said vacation for October 16, 1991. Tom Blust read the engineer's report. The report stated that the property was owned by Deschutes County as a 20 -foot roadway easement and was not currently being utilized for roadway purposes and that the property did not provide access to public lands, rivers, streams, or natural features. The engineer's assessment was that the proposed vacation was in the public interest as it was no longer required for access due to lot line adjustment LL91-20. PAGE 5 BOARD MINUTES 9/4/91 5. 6. VB 0107 1751 THROOP: I'll move signature of Resolution 91-078 and signature of Order 91-098. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CONSIDERATION OF SIGNATURE OF SCHOOL CONTRACTS Before the Board was signature of contracts with Redmond School District, Education Services District, Bend -La Pine School District #1, St. Francis of Assisi, and Sisters School District. Commissioner Maudlin explained that this was for the renewal of Health Department nursing services contracts. THROOP: I'll move signature of the four contracts. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CONSIDERATION OF SIGNATURE OF 1991-93 CONTRACTS WITH PACT FAMILY RESOURCE CENTER & J BAR J CASCADE YOUTH AND FAMILY CENTER Before the Board was the approval of 1991-93 contracts with PACT Family Resource Center and J Bar J Cascade Youth and Family Center. Commissioner Maudlin stated that these contracts were renewals. SCHLANGEN: Move signature of contract. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CONSIDERATION OF REQUEST FROM D.A. FOR OUT-OF-STATE TRAVEL Before the Board was a request from the District Attorney for out-of-state travel for staff to attend a domestic violence conference. THROOP: I'll move approval of the request. SCHLANGEN: Second. PAGE 6 BOARD MINUTES 9/4/91 9V 9. VOTE: THROOP: YES 010 1752 SCHLANGEN: YES MAUDLIN: YES CONSIDERATION OF REQUEST TO REPURCHASE PROPERTY BY KEN WHITE & SIGNATURE OF BARGAIN AND SALE DEED Before the Board was a request to repurchase property (14-13- 08-00-200 on 10790 N.W. 27th St., Terrebonne) by Ken White and signature of Bargain and Sale Deed. The minimum bid price was $38,080. Mr. White had been living on the property and had submitted a cashier's check in the amount of $19,899 which covered all the computed taxes and a repurchase fee. Rick Isham stated that Brad Chalfant, Property Manager, recommended authorization of the repurchase. SCHLANGEN: I move approval of repurchase request. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CONSIDERATION OF SIGNATURE OF RESOLUTION 91-082 DECLARING SURPLUS PROPERTY FOR SALE AT AUCTION Before the Board was signature of a resolution declaring certain property surplus property, providing for the sale by auction of surplus property, providing for notice, designating an auctioneer, and providing terms of sale. This auction is the annual Deschutes County auction and will be a combined effort with the City of Bend, the Bend Metro Park & Recreation District, COIC, and COCC. SCHLANGEN: Move signature of resolution 91-082 declaring surplus property. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. CONSIDERATION OF SIGNATURE OF ORDER 91-115 FOR ROAD NAMES CHANGES Before the Board was signature of an order changing the name of a portion of Day Road to Dawn Road and changing the name of a portion of Deep Woods Road to Day Road. PAGE 7 BOARD MINUTES 9/4/91 0107 1753 THROOP: I'll move signature of order 91-115. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 11. CONSIDERATION OF SIGNATURE OF DEVELOPMENT AGREEMENT SP -91-50. Before the Board was signature of a development agreement for SP -91-50 for River Ridge Partners for Phase III and IV of Quelah Condominiums in Sunriver. THROOP: I'll move signature of the development agreement. SCHLANGEN: Second. Rick Isham stated that he had received a letter from Quelah Condominiums, the original developers, which had indicated that a new phase was being developed by a different group using the Quelah name and that the name was their property. The letter requested that Deschutes County not approve the development using the word Quelah. Chairman Maudlin stated that the agreement was worded Braatz, Braatz, Braatz, Tedron Properties, Harry and Barry Rubenstein doing business as BHR Investors, collectively doing business as River Ridge Development. He stated that Quelah should be struck and instead use BHR Investors. He stated that the document was correct and that nothing was said in the document regarding Quelah. Rick Isham stated that the current developers bought a portion of the property that was formerly referred to as Quelah and are using the Quelah name and that the original developers have put Deschutes County on notice that the current developers are not to use the name Quelah. THROOP: I'll withdraw the motion. SCHLANGEN: I withdraw the second. MAUDLIN: I would ask for a motion for approval of the development agreement between Deschutes County and Tedron Properties. THROOP: I'll make that motion. SCHLANGEN: Second. PAGE 8 BOARD MINUTES 9/4/91 0107 1754 MAUDLIN: We have Tedron Properties and BHR Investors. THROOP: Friendly amendment to my motion. SCHLANGEN: Second. MAUDLIN: The motion will read the development agreement between Deschutes County, Tedron Properties, and BHR Investors. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 12. CONSIDERATION OF SIGNATURE OF MP -91-32, A PARTITION CREATING 47 -ACRE & 80 -ACRE PARCELS. Before the Board was signature of a final mylar for MP -91-32 to create 47 -acre and 80 -acre parcels on George Cyrus Road in an EFU-40 zone for Bruce Resnick. THROOP: I'll move signature of MP -91-32. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 13. CONSIDERATION OF SIGNATURE OF LIQUOR LICENSES Before the Board was signature of a liquor license for Cultus Lake Resort and signature of liquor license renewals for Deschutes Station, Kayo's, Bend Golf Club, Alfalfa Store, and La Pine Ericksons. SCHLANGEN: Move renewal. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 14. CONSIDERATION OF WEEKLY WARRANT VOUCHERS Before the Board were the weekly bills in the amount of $202,235.13. THROOP: I'll move approval of the weekly warrant vouchers subject to review. PAGE 9 BOARD MINUTES 9/4/91 0107 1755 SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 15. PUBLIC HEARING ON CONSERVATION EASEMENT ON FILE SP -91-18 CONCERNING SURFACE MINING AT TWIN BRIDGES. The Public Hearing was postponed until September 18 at 11 a.m. in Hearings Room A. Chairman Maudlin stated that it was postponed because of a public notice problem and that it would be renoticed. 16. SIGNATURE OF RESOLUTION 91-085, DECLARING A VOLUNTEER APPRECIATION DAY Before the Board was signature of Resolution 91-085, declaring September 12, 1991, as Volunteer Appreciation Day in Deschutes County. THROOP: I'll move adoption of the resolution. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 17. SIGNATURE OF RESOLUTION 91-084, AMENDING THE COMMUNITY DEVELOPMENT FEE SCHEDULE Before the Board was signature of Resolution 91-084, amending the Community Development Department's fee schedule. Karen Green explained that this was a change to the mobile home placement fee and explained that the State had changed the way in which it determined how it would receive its share of the fee that Community Development charged. By doing so, the net amount of money collected by Community Development was reduced. The change was to enable the Department to collect the same amount of money as originally intended. This called for a $20 increase in the mobile home placement permit. THROOP: Move approval. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 10 BOARD MINUTES 9/4/91 010'7 1756 18. CONSIDERATION OF BUDGET REVISION #6 TO OREGON STATE HEALTH DIVISION Before the Board was consideration of budget revision #6 to the Oregon State Health Division contract for revenue from last fiscal year HIV testing. THROOP: Move approval. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 19. CONSIDERATION OF CONTRACT BETWEEN JUVENILE DEPARTMENT & CSD. Before the Board was signature of renewal of contract between Juvenile Department & CSD, contract no. 1-644 B15319. THROOP: I'll move signature of contract between Juvenile and CSD number 1-644-B15319. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 20. CONSIDERATION OF FINAL PLAT FOR PARK PLACE PHASE I Before the Board was signature of a final plat for Park Place Phase I, a Planned Unit Development on Brookswood Boulevard in Bend. THROOP: Move signature of the final plat. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 21. CONSIDERATION OF SIGNATURE OF RESOLUTION NO. 91-081 CALLING FOR SPECIAL ELECTION ON ISSUING GENERAL OBLIGATION BONDS & CHAIR SIGNATURE OF NOTICE OF ELECTION Before the Board was signature of Resolution No. 91-081 calling a special election on November 5, 1991, to submit to the voters the question of issuing General Obligation Bonds in an amount of not more than $9,500,000 to finance jail facilities and adopting a notice of County measure election. PAGE 11 BOARD MINUTES 9/4/91 DESCHUTES'COUNTY BOARD OF COMMISSIONERS TorRIvy Jihr*oop,1 Commissioner Nancy Popc angen, CommiSS over Di au in, C airman BOCC/mmh PAGE 12 BOARD MINUTES 9/4/91 0107 1757 SCHLANGEN: Move signature of Resolution No. 91-081. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 22. CONSIDERATION OF CHAIR SIGNATURE OF EQUIPMENT LEASE FOR CDD Before the Board was Chair signature of equipment lease between Bell & Howell and Deschutes County for CDD microfiche. THROOP: I'll move Chair signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DESCHUTES'COUNTY BOARD OF COMMISSIONERS TorRIvy Jihr*oop,1 Commissioner Nancy Popc angen, CommiSS over Di au in, C airman BOCC/mmh PAGE 12 BOARD MINUTES 9/4/91 0107 1758 PUBLIC HEARING SPEAKERS' LISTING PUBLIC HEARING) TOPIC• -hce 9 / - - / C l -- U oa PL ^a DATE: 9 TIME' NAME ADDRESS CITY ZIP 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.