1992-09755-Minutes for Meeting March 18,1992 Recorded 3/31/19920109 0943
92-09'75
x
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
March 18, 1992
Chairman Maudlin called the meeting to order at 10 a.e .- lard
members in attendance were: Dick Maudlin, Tom Throop d# ncy
Pope Schlangen. Also present were: Rick Isham, County Counsel;
Iunsel;
Bruce White, Assistant Legal; Karen Green, Community Development
Director; George Read, Planning Director; Paul Blikstad, Planner;
Mike Hall, Planner, and Dale Van Valkenburg, Planner.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
tax refund Order 92-024; #2, signature of Development
Agreement with Redmond Moose Lodge; #3, signature of
Resolution 92-017 amending electrical fees; #4, signature of
Resolution 92-019 calling a special election on May 19, 1992,
to submit the question of declaring Deschutes County a Drug
Free Zone to the voters; #5, signature of MP -91-17 dividing a
30 -acre parcel into three lots in an MUA-10 zone for Pete
Herting; #6, signature of MP -91-1 creating three 20 -acre
parcels out of a 60 -acre parcel in an EFU-20 zone adjacent to
Highway 20 East for Kim Ward.
SCHLANGEN: Move approval of consent agenda items 1-6.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
2. TRACAB AT REDMOND MUNICIPAL AIRPORT
Before the Board was a request from the City of Redmond to
send a letter to the Oregon Congressional Delegation in
support of the City of Redmond proposal for the TRACAB
facility at the Redmond Municipal Airport.
Joe Hannan, Redmond City Manager, thanked the Board for their
past support of the airport tower. He said there were three
ongoing aviation issues at the airport which were
interrelated, but distinct and separate: (1) the control
tower of the TRACAB proposal, (2) the flight service station,
and (3) long-range radar. The airport had received approval
of the original appropriation of $1.75 million for the tower
and tower operations. However, the FAA said the cost of
staffing the tower and operating it full time would take
another $2 million. The Oregon Congressional Delegation had
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0109 0944
agreed to back the additional appropriation. The FAA was
discontinuing the flight service station, however the airport
would get service one level below that, which was an auxiliary
flight service station. The FAA felt that these auxiliary
stations with the automated weather would meet Redmond's
safety requirements. Redmond did not agree and would be
pursuing the issue along a parallel track.
Chairman Maudlin asked what the impact would be if radar was
placed on Pine Mountain.
Carrie Novick, Redmond Airport Manager, said the long-range
radar which the FAA was going to put in had been scheduled for
years to be in Wagontire. They were now considering moving
the radar closer to Central Oregon (Pine Mountain) since a
facility in Wagontire would not help the Central Oregon area,
however there was no guarantee it would go to Pine Mountain.
Therefore, they needed to continue to press for the tower.
Joe Hannan said the first issue was the safety at the airport.
The $1.75 million appropriation would go for construction of
the tower facility and the internal electronics. The FAA
suggested a need for $2 million more to put additional
equipment into the tower and to staff it for the first year.
He said the Airport Commission had extensive discussion
regarding all three issues. They were not in unanimous
agreement but did have a consensus that the City's efforts
should be in the tower. However, the commercial aircraft and
general aviation community were overwhelmingly in favor of it.
The Redmond City Council, the State of Oregon, and the
congressional delegation were also in favor of moving forward
with the tower.
THROOP: I'd move signature of the letter.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
3. PLAN AMENDMENT ALLOWING SINGLE SERVICE SEWER CONNECTIONS TO
PROPOSED SCHOOL SITES
Before the Board was a public hearing on a request by the
Bend/LaPine School District for a Bend Area General Plan
Amendment to establish a new policy allowing single service
sewer extensions to two new school sites located outside the
inner urban growth boundary (IUGB).
Paul Blikstad said the two proposed school sites involved in
the application were: (1) the 27th Street Middle School Site
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0109 0945
and the (2) Cooley Road Elementary School Site. The Plan
Amendment request was heard by the Bend Urban Area Planning
Commission at a public hearing on January 27, 1992, and the
Planning Commission recommended approval of the proposed
policy, subject to changing the wording of the policy to
specify extending city sewer service to only these two
specific school sites. The written response from DLCD
expressed concern that the proposed school sites were located
outside of the IUGB which was the acknowledged urban growth
boundary. Brent Lake had testified before the Planning
Commission that the Department's position was that the school
district should apply for an expansion of the IUGB rather than
extend the city sewer line outside of the IUGB. Paul Blikstad
continued that the city commission would be considering this
same policy for adoption that evening. The conditional use
and site plan approval was granted by the hearings officer for
the 27th Street Middle School site. No application had yet
been received for the Cooley Road site.
Commissioner Throop asked for an explanation of a single
service sewer connection. Paul Blikstad said the sewer line
would be extended from its current location at Avnonle Estates
on 27th Street along the west side of 27th within the IUGB to
the corner of new realignment of Ferguson Road and 27th. It
would be a single service sewer line from Ferguson Road to the
school. Commissioner Throop said he felt it made little sense
to create an on-site sewer system when the sewer was that
close.
Chairman Maudlin opened the public hearing and asked for
testimony from the proponents of the application.
Bob Lovlien, attorney representing the school district, said
the application was for a single service sewer line connection
for only the two specific schools and was not a general
extension policy. The extension of these sewer lines would be
completely within the IUGB which would expand the service area
for the Bend sewer project. This would be a substantial
public benefit since the school district would pay to expand
these lines. So this would enable additional connections to
be made to this line within the IUGB. The school district had
gone through an extensive site analysis in selecting these two
sites over the last ten years. They brought a pin map which
identified where each student came from for the entire middle
school population, which illustrated the number of students
which were coming from outside the IUGB. Based upon the
project enrollment for the proposed middle school, well over
half of the students would come from outside the IUGB. The
27th Street site provided the most ideal solution for
transporting students to and from the middle school. They had
projected the geographical makeup of the school population for
the elementary school site on Cooley Road and again well over
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0109 0946
half the students would come from outside the IUGB. Another
factor in selecting the Cooley Road site was the eventual
extension of the Yeoman Road sewer line which would connect
the Mt. View Mall to the main trunk line. This expansion
would open up a substantial amount of undeveloped land east of
Boyd Acres Road for residential development. The cost of
hooking up to the sewer line was approximately the same as
putting in an on-site disposal system. It was the unanimous
opinion, among the County and City planning staff as well as
the applicant, that it would be better not to have to go
through an IUGB amendment. Currently, statewide issues were
being hotly debated. There had only been a couple of
significant IUGB changes approved in Oregon in the last 20
years, and the school district did not want to be a pioneer in
that effort. They felt Goal 2 provided a mechanism for taking
exceptions to Goals 11 and 14. The middle school had already
received site plan approval and conditional use permit
approval. The elementary school site was a conditional
permitted use within that zone. Before extension of these
sewer lines, the school district would be required to sign a
consent to annexation to the City of Bend. For these reasons,
they asked that the County Commission approve the proposed
plan amendment.
Chairman Maudlin asked why they were only putting a single
service connection line outside the IUGB which would not be
large enough to connect others in the future should the IUGB
be expanded. Bob Lovlien said that when the sewer was
expanded in this area, the line would not extend to the south
through the school district property, but would extend west
and then south. He felt the Cooley Road site would be
similar, and the sewer would take a different line to connect
with the Yeoman Road extension.
Brent Lake, DLCD, testified that a letter dated January 27,
1992, was submitted at the Planning Commission hearing stating
the DLCD position that the extension of sewer should be inside
the UGB, and where a sewer extension had to be immediately
adjacent to an UGB, the UGB should be expanded. If there was
adequate justification to make the argument for an exception,
which required alternative sites, analysis of need, etc., they
felt the UGB expansion should be the easier of the two to
justify. They also agreed that the policy should be site
specific to the schools. The school on the 27th Street site
had already been approved as a conditional use, however since
the Cooley Road site had not yet been approved, they felt
strongly that this site should go through an UGB expansion.
He felt the site evaluation information submitted by the
school was excellent. He recommended, at the very least, that
the policy be changed to address only the 27th Street school
site. Then at the time of the conditional use process on the
Cooley Road site, the parties could look at an UGB expansion.
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He did not feel the UGB expansion process would delay the
Cooley Road site.
There was no one who wished to speak in opposition to the
sewer extension.
Commissioner Throop asked Bob Lovlien for his reaction to Mr.
Lake's recommendation for an UGB expansion for the Cooley Road
site. Mr. Lovlien said they desperately needed to the move
forward on the 27th Street middle school, so if splitting the
applications would allow them to move quickly on the 27th
Street school without any appeals, they would agree to do
that. They would still prefer not to have to go through an
IUGB change on the Cooley Road site, especially since the
application could get "caught up in" the industrial reserve
area situation which would be unfortunate.
Commissioner Throop asked Brent Lake what the reaction of DLCD
would be if the County Commission was to separate the
applications on the two schools. Brent Lake said they were
very much aware of the need for the 27th Street School, and
they would look at all of the site analysis and make their
determination. He felt the school district had made a good
argument for the 27th Street site, and he was prepared to
recommend to the Department that if the policy was changed to
address only the 27th Street site, that DLCD not appeal the
application and continue to work with the school district on
the Cooley Road site.
Commissioner Throop asked Bob Lovlien if what he was saying
was the consensus of those he was representing. Bob Lovlien
said it was a consensus that it was critical they move forward
with the 27th Street site. He asked the Commission to put the
issue of the Cooley Road site on hold, then they could explore
with DLCD the possibility of filing an IUGB change.
Commissioner Throop asked George Read if he felt what was
being negotiated here was an acceptable path. George Read
said he thought it was, however he felt there was some risk
involved. He said there was still a question of whether a
single service sewer line was an urban or a rural use. He
felt that issue had not been clearly defined. Whether it was
an appropriate level of service to extend the sewer outside of
the UGB to a school, and whether a school was a rural or urban
use, had not been addressed in a contested case situation. He
was not sure that the DLCD position was that strongly in
opposition. He suggested that on the Cooley Road site, where
65% of the students resided outside the UGB, there was a good
argument that the school was not an urban use, and that a
single service sewer line outside the UGB was an appropriate
level of service. He also feared getting the school caught up
in an expansion of an urban growth boundary process. He used
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0109 0948
as an example the considerable amount of money the City of
Bend had spent to try to justify adding land to the urban
growth boundary. 1,000 Friend of Oregon prepared a 17 page
response to the Broken Top project regarding the expansion of
the urban growth boundary which demonstrated what an extremely
difficult thing it was to do. He was afraid that the school
would get caught in an appeal on the principle of expanding
the urban growth boundary or its proximity to the
controversial north industrial area. He felt the DLCD would
be clarifying this issue to other jurisdictions in the near
future, and therefore, proceeding now might be better than
waiting for the clarification.
Chairman Maudlin wasn't comfortable with Deschutes County
being a guinea pig on another land use issue. He felt the
Board should act on the application as submitted, and if it
was challenged, then the school district could decide whether
to apply for UGB expansion. He didn't want any more septic
systems in the County than absolutely necessary.
Commissioner Throop said he could go either way and asked Bob
Lovlien what he would suggest. Bob Lovlien asked that the
27th Street site be approved while leaving the Cooley Road
site on hold as a pending application so the School District
would not lose the ability to come back to the Commission.
This would give the district time to work with DLCD on whether
or not to seek an IUGB change or ask the Commission for a
policy on the Cooley Road site. If there was an appeal, it
would only be on the Cooley Road site, and they had more time
to deal with an appeal on that site.
Chairman Maudlin asked if he thought that if the Commission
approved both of the sites, an appeal on either would put a
stop to both. Bob Lovlien said, "yes." Paul Blikstad said he
had another ordinance prepared which only covered the 27th
Street site in case the Commission wanted to separate the
sites.
Chairman Maudlin closed the public hearing.
THROOP: I'll move first and second reading by title only of
Ordinance 92-011 and that would be the single site,
27th Street Middle School.
SCHLANGEN: I second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin performed the first and second readings of
Ordinance 92-011 by title only.
PAGE 6 MINUTES: 3/18/92
THROOP: Move adoption. 0109 0949
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
4. FORMATION OF A PUBLIC TRANSPORTATION DISTRICT
Karen Cacy, Citizens for Transit, came before the Board with
a proposal to establish a public transportation district which
they wanted to present to the Deschutes County voters in the
November 1992 election. The proposal was to provide hourly
bus service between Bend and Redmond, including the airport,
and twice daily service between LaPine, Sunriver, Bend, and
Sisters. The Board of Commissioners had asked the committee
to get 3,000 signatures by March 1, 1992, to indicate an
interest, and the committee had submitted the requested 3,000
signatures.
Chairman Maudlin asked what the tax rate would be. Ms. Cacy
said they had originally proposed a $.50 per thousand assessed
value rate, but before the signatures were gathered the
committee decided to propose a more conservative option which
would costs $.25 per thousand assessed value.
Commissioner Throop said he felt this was a legitimate issue
on which the voters of Deschutes County should make a
decision. Deschutes County was one of the larger communities
in the northwest without any kind of public transit. He
pointed out that, if approved by the voters, this service
would not be provided by the County, but would be an
independent Special Service District with its own tax base.
The County was only the vehicle which was needed to allow the
issue on the ballot.
THROOP: I'll move that this special transit district be
placed on the November general election ballot.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
5. AMENDMENT TO TRANSIENT ROOM TAX
Rick Isham said there were a number of things happening
concerning the transient room tax. Bruce White had a laundry
list of recommended changes, and there was the issue of
privately owned houses which were basically rented for more
PAGE 7 MINUTES: 3/18/92
0109 0950
than 14 days per calendar year and whether they should be
covered by the transient room tax. The draft he had given the
Board included the transient room tax for rental homes only in
the PC zone which meant essentially Sunriver, however
discussions were continuing on that issue, so he recommended
postponing the issue until some of the issues could be
resolved. The ordinance would need to have the support of the
parties involved, and the enforcement needed to be clearly
identified and understood by the Sunriver Owners Association
prior to moving forward. There would also need to be a
formula on how the additional revenues from the PC zone would
be distributed. Commissioner Throop felt the November general
election would be a good target for working through these
issues.
6. PERIODIC REVIEW TASKS AND TIMELINES
Karen Green, George Read, and Bruce White requested that the
decision on the periodic review timeline be delayed until
Monday, March 30, 1992, to allow time for them to review the
ARLU-DeCo appeal, to review the DLCD clarification on what
would be required on the review of the surface mining files,
and to complete an analysis of whether individual notice would
be required on the review of the surface mining sites. Since
all of they issues would affect the timeline, they wanted to
review them prior to the discussion.
Chairman Maudlin did not want to delay the timeline decision.
Commissioners Throop and Schlangen felt it was necessary to
respond in some fashion to the ARLU-DeCo appeal and to allow
staff the time to consider the other issues they outlined
before setting the timeline. The timeline discussion was
postponed to March 30, 1992.
7. ACCOUNTS PAYABLE VOUCHERS AND TAX OVERPAYMENT REFUNDS
Before the Board were accounts payable vouchers in the amount
of $242,106.81, and tax overpayment refunds from the
unsegregated tax account in the amount of $109.69.
THROOP: Move approval subject to review.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PAGE 8 MINUTES: 3/18/92
0109 0951
8. PUBLIC HEARING: ORDINANCES 92-018 AND 92-019 ADOPTING
INVENTORY OF HISTORIC SITES
Before the Board was a decision on Ordinances 92-018 and 92-
019 amending PL -20 to adoption an inventory of historic sites
and adopting site specific attendant ESEE analyses. A public
hearing on this issue was held on December 18, 1991, and a
work session was held on March 16, 1992.
Mike Hall reviewed the ordinances with the Board and verified
that all of the changes which the Board requested had been
made.
Chairman Maudlin asked for first and second reading of
Ordinance 92-018 by title only.
SCHLANGEN: So moved.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin performed the first and second readings of
Ordinance 92-018 by title only.
THROOP: Move adoption.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin asked for a motion for first and second
reading of Ordinance 92-019 by title only.
SCHLANGEN: So moved.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin performed the first and second readings of
Ordinance 92-019 by title only.
SCHLANGEN: Move adoption.
THROOP: Second the motion.
PAGE 9 MINUTES: 3/18/92
9.
10.
11.
0109 0952
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
MENTAL HEALTH SERVICES CONTRACT WITH CORIL
Before the Board was signature of the Mental Health Service
Subcontract with Central Oregon Resources for Independent
Living who would provide daily vocational transportation and
supported employment for eligible clients as funded through
the County.
SCHLANGEN: Move signature.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
BARGAIN AND SALE DEEDS FOR VETTERLEIN
Before the Board was signature of two Bargain and Sale Deeds
for Donald H. Vetterlein. Brad Chalfant said that in 1972
two, 20 -acre parcels were sold on contract to Mr. Vetterlein.
Those contracts have now been paid off.
SCHLANGEN: Move signature.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
RESOLUTION 92-020 INCREASING CDD IMPREST CASH ACCOUNT
Before the Board was signature of Resolution 92-020 which
would increase the imprest cash account for the Community
Development Department from $50 to $200.
SCHLANGEN: I move signature of Resolution 92-020.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PAGE 10 MINUTES: 3/18/92
0109 0953
12. RESOLUTION 92-021 REDUCING JAIL BOND
Before the Board was signature of Resolution 92-021 relating
to the use of a portion of the proposed new tax base to reduce
the jail bond. Since the proposed new tax base contained
$700,000 for operating expenses for the new jail, and these
funds would not be needed until the 1993-94 fiscal year, it
would be the policy of the Board, if the bond measure passed,
to utilize the extra $700,000 for expenses in the construction
of the approved new jail, thereby reducing the jail bonds from
$9.5 million to $8.8 million.
Commissioner Throop pointed out that the County had to request
the jail operating funds in this proposed tax base since the
only time the County could go to the voters for a new tax base
was May and November of 1992 or 1994, and the County wanted to
have the new jail open by December of 1993.
SCHLANGEN: Move signature of Resolution 92-021.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
13. NOMINATION TO OREGON PRIVATE INDUSTRY COUNCIL
Before the Board was nomination of Christopher McLaughlin for
the position of Business Representative on the Oregon Private
Industry Council. Mr. McLaughlin had been recommended by Don
Wick, Executive Director of Physical Therapy Associates, and
COIC.
THROOP: I'll move nomination.
SCHLANGEN: I'll second it.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
14. ROCK SPRINGS ESTATES PLAT
Before the Board was approval of signature on Rock Springs
Estates Planned Unit Development (PUD) tentative plat near
Oden Falls Ranch outside of Redmond. Bruce White asked that
the Board approve signature subject to legal counsel's review.
There were some issues on the plat concerning subordination,
mortgages, roads, common area, and deed restrictions on open
space which he wanted to review prior to the Board's signing.
Against the recommendation of staff, the hearings officer
PAGE 11 MINUTES: 3/18/92
0109 0954
decided that the open space could become part of the lots
themselves. The 65% requirement for open space wouldn't be
outside the lot, but could become part of the lot so long as
there was adequate deed restrictions to prevent building
outside the building envelopes. He said he believed this
position was not consistent with the comprehensive plan and
shouldn't be allowed, however it was the decision of the
hearings officer which was not appealed. He recommended that
the Board make a clear policy statement at some point that
this interpretation of the open space requirement should not
continue. Chairman Maudlin suggested referring back to the
open space decision the Board made on destination resorts
where open space was specifically defined. Bruce White said
the Planning Director was intending to put the clarification
of open space issue before the Planing Commission as soon as
he had the chance.
THROOP: I'll move that we send a missive to the Planning
Staff and Planning Commission asking them to do
that clarification and recommendation to the Board.
MAUDLIN: I need a motion for signature subject to counsel
review.
THROOP: So moved.
SCHLANGEN: Second.
WHITE: I would need a motion also to sign the plat and the
deed restrictions.
THROOP: Alright, we can boil all that into a single motion.
VOTE: THROOP:
SCHLANGEN:
MAUDLIN:
DATED this DO day of
Commissioners of Deschutes G
ES ;
Recording Secretary
PAGE 12 MINUTES: 3/18/92
YES
YES
YES
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