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1991-32103-Minutes for Meeting October 09,1991 Recorded 10/24/19910108 0024 91--32103 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS October 9, 1991 Chairman Maudlin called the meeting to order at 10 a.m. Boad", members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Rick Isham, County Counsel; Dale Van Valkenburg, Planner; Sergeant Mike Johnston, Deputy Sheriff; Mike Maier, County Administrator; Bruce White, Assistant Legal Counsel; and Kevin Harrison, Senior Planner. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Resolution 91-087 accepting petition to vacate alleys in Laidlaw (Tumalo) and Order 91-121 accepting the Engineer's Report and setting a public hearing for November 20, 1991; #2, signature of MP -91-11 creating two parcels on Highway 97 in LaPine for Jean LeRoux; #3, signature of Indemnity Agreement for Sunnyside Sports Bicycle Race on October 13, 1991; #4, signature of Resolution 91-091 adopting a Fair Housing Policy for Deschutes County; and #5, chair signature of OLCC renewal for Speedee Mart. THROOP: I'll move approval of consent agenda items 1-5. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. APPOINTMENTS TO HISTORIC LANDMARKS TASK FORCE Before the Board was a request from the Historic Landmarks Commission to appoint two members to a task force to study options and develop plans for conservation of local historic resources in light of the upcoming Bend Parkway project and the downtown development. The Board had previously selected Brad Chalfant to be one of the task force members. Martin Hansen from the Historic Landmarks Commission said he felt this task force was an important first step in the preservation of the buildings which were likely to be displaced by the parkway and were of significant importance to our community. He felt this would be a long process, and the Highway Department needed to know that their efforts towards preservation were being recognized, and that the community was reacting and ready to work with them on their time schedule. He hoped to build from this task force a more broad PAGE 1 MINUTES: 10/9/91 XE y Nov ;q�;1 M 0108 0025 preservation program which would enhance the community by preserving historical buildings but would allow for further needed growth without unnecessary disruption. Commissioner Throop said he had spoken with the Highway Department regarding a proposal that would be coming from the County for use of the Bend train depot building. He was informed that there was no hurry in making a proposal and that they would be sending out a package of material so that proposals could be made in the Highway Department's format. Commissioner Throop said the County would propose to put both buildings between Harriman and Hill Streets (the names of the railroad barons who raced to Bend). MAUDLIN: I would entertain a motion to add Commissioner Throop to the Historic Landmarks Task Force. SCHLANGEN: I'll move that. THROOP: I'll second it. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CONDITIONAL USE APPLICATION FOR PGT Before the Board was Chair signature of Conditional Use Application and Site Plan for Bechtel Corporation on behalf of PGT -PGE to use land in the LaPine Industrial Park for a pipe storage yard. The current schedule indicated they would be completed at this site before December 1, 1993. They were expanding their pipeline facilities in order to meet the increasing demands for natural gas. This will be completed by looping the existing 36 -inch pipeline, built in the early sixties, with a 42 -inch pipeline. Approximately 35 miles of 42 -inch pipe in sections averaging 80 feet in length would pass through the LaPine yard for this expansion. A right of way agent for PGT stated that this was the only site being used in Deschutes County. The next closest staging was at Metolius. He said they would use cranes to stack the pipe, plus forklifts, and trucks. There would be a wheeled, trailer -type office on the site with a phone. There would be portable sanitary facilities but no running water. There would be approximately 10-12 people working at the site. Most of the work would be daylight hours, however during peak periods of construction, there might be some work after dark. Chairman Maudlin said the site was in the industrial park on the most easterly part next to the railroad tracks. Rick Isham said the County owned the 90 -acres on the west side of PAGE 2 MINUTES: 10/9/91 4. 5. 01.081 0026 the railroad tracks which would act as a buffer between the project and any residents. THROOP: I'll move chair signature of the conditional use application. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES MP -91-21 NEAR REDMOND Before the Board was signature of MP -91-21 which would create three parcels in an EFU-20 zone of approximately 75, 40 and 2 acres. The 2 acre parcel was for a Redmond RFPD Station. Dale Van Valkenburg said this 118 parcel was located at 170 NW 67th Street which was north of Highway 126 and four miles west of Redmond. It had good class 3S soils with irrigation and was definitely a farm. The two -acre parcel was for a proposed fire station which the applicant said was needed in the area, and the ordinance allowed the creation of parcels smaller than the minimum lot size for needed public services. The fire station site had 2.1 acres of irrigation rights but was not currently being used as pasture. Commissioner Throop asked why the parcel was being divided into two additional farm parcels. Dave Van Valkenburg said that was what the applicants requested and the minimum lot size was 20 acres. MAUDLIN: I would ask for a motion for signature of plat #MP - 91 -21. SCHLANGEN: So moved. THROOP: I'll second. VOTE: THROOP: NO SCHLANGEN: YES MAUDLIN: YES ORDINANCES 91-021 AND 91-042 CORRECTING SURFACE_ MINING INVENTORY MAP FOR SITE 316 Before the Board was signature of Ordinance 91-021 amending PL -20, the Deschutes County Year 2000 Comprehensive Plan and Ordinance 91-042 amending Title 18 of the Deschutes County Zoning Ordinance to correct an error in the mapping of Deschutes County Surface Mining Inventory site 316. PAGE 3 MINUTES: 10/9/91 0108 0027 The site map was shown as 40 acres when it was really an 80 acre site. THROOP: I'll move first and second readings by title only. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 91-021. THROOP: Move adoption SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 91-042. SCHLANGEN: Move adoption. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 6. SUNRIVER INCORPORATION Rick Isham recommended that this item be postponed one week since he hadn't heard from Bill Gary the attorney for the Sunriver Incorporation Committee with respect to whether or not they wished to withdraw the petitions or wish them to be filed. The Board agreed to the one-week postponement. 7. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills amounting to $221,541.96. SCHLANGEN: Move approval upon review. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 4 MINUTES: 10/9/91 0108 0028 8. TRAFFIC SAFETY TEAM REPORT Sergeant Mike Johnston came before the Board to give them an annual report on the traffic safety team. He said they had just completed the third year of this project, and the Traffic Safety Commission had agreed to fund the project for a fourth year which was very rare. The grant was funding slightly more than one member on the traffic safety team. They referred to Deschutes County's project as a "model project." The Traffic Safety Commission sets countywide and jurisdiction goals for them each year. The statistics used to determine whether they were meeting their goals were the number of motor vehicle accidents on which police did reports, so it wouldn't include minor accidents. Countvwide Goals Goal: 327 fatal and injury accidents Actual: 238 Goal: 98 night time fatal and injury accidents Actual: 78 Goal: 17 total fatalities Actual: 24 however 6 occurred in one accident, only one occurred in the daylight, and except for the 6 person fatality accident, none were alcohol related. Local Jurisdiction Goals Goals: 154 fatal and injury accidents Actual: 104 Goal: 58 night time fatal and injury accidents Actual: 50 23 of 24 fatalities occurred outside city limits Goal: 390 DUI arrests Actual: 371 however last year there were only 340 During this one-year period, they issued a total of 12,505 citations of which 950 were criminal citations, 141 county ordinance citations, 82 marine violations, 8,710 traffic citations, 2,622 traffic warnings. Of the 371 DUI arrests, 302 took the intoxilizer test and 69 refused. Of the 371 DUI arrests, 361 involved alcohol only while 10 others involved drugs or a combination of drugs and alcohol. Recently Albany State Police did a study and found that 97% of the DUI arrests had 2 other identifiable drugs in their system besides alcohol. Some could have been prescription drugs, however, in Oregon it was illegal to drive while under the influence of prescription drugs. PAGE 5 MINUTES: 10/9/91 0108 9429 Commissioner Throop asked what the biggest challenge was for continuation of this program. Sergeant Johnston said continued funding was their major concern. It was imperative that the tax base be passed next spring to insure the continuation of this program since further grant funds were unlikely. He felt theirs was one of the best public safety programs instituted in Deschutes County. 9. TWIN BRIDGES SITE PLAN DECISION Before the Board was signature on a letter to Jerry Curl Bend Aggregate and Paving, outlining the Board's decision on Twin Bridges Site Plan SP 91-18. MAUDLIN: I would entertain a motion for the signature of the site plan and attachments. SCHLANGEN: So moved. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. ORDINANCE 91-042 CONCERNING ON-SITE SEWAGE DISPOSAL Bruce White requested that this item be postponed one week and the Board agreed. 11. FOREST ACRES SPECIAL ROAD DISTRICT BOARD Before the Board was appointment of Pat Mahoney to the unexpired term of Jim Eriser on River Forest Acres Special Road District Board of Directors. SCHLANGEN: Move appointment. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 12. MP -90-35 This partition had not arrived, so it items was postponed one week. PAGE 6 MINUTES: 10/9/91 0108 0030 13. DEER POINT VILLAGE PHASE II Before the Board was signature of a city plat for Deer Point Village Phase II along Studio Road and Majestic Lane for Ralph McQuillen. THROOP: I'll move approval. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 14. HI-TEK TRUSS LOAN Chairman Maudlin said the County had loaned Hi -Tek Truss $150,000 and then the state agreed to loan them $50,000 if the County would agree to subordinate to the state's loan, which the County did. However now the State said they didn't want the County to just subordinate to their loan, but wanted the County to stand aside. So if Hi -Tek Truss wasn't making its payments to the County, the County wouldn't do anything as long as they were making their payments to the State. The Board agreed that they would not agree to the State's request. Mike Burton of COIC had drafted a mutual default, standby agreement which said that "The County and OEDD hereby agree that if debtor is in default to either party, debtor shall be in default to both parties." Rick Isham could not understand the thinking on this kind of agreement and asked if the borrower was going to be a party to the agreement. Chairman Maudlin said yes. Chairman Maudlin did not know whether the State would be willing to sign this agreement but said he'd keep the Board informed. DES CHU ES I Tom AThrCZ COUNTY BOARD OF COMMISSIONERS G Dick Maudlin, Chairman BOCC:alb PAGE 7 MINUTES: 10/9/91