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1992-26348-Minutes for Meeting July 15,1992 Recorded 8/5/199292-26348 0.19-0053 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERe1rP^ , July 15, 1992 2 34 Chairman Maudlin called the meeting to order at 10 a.m. Board members in attendance were: Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Rick Isham, County Counsel; Paul Blikstad, Planner; Larry Rice, Public Works Director; Frank Moore, Mental Health Director; Sukey Waller, CYSC; Brad Chalfant, Property Manager; Bruce White, Assistant County Counsel; George Read, Planning Director; Cynthia Komurka, Animal Control Officer; Karen Green, Community Development Department Director. 1. PUBLIC HEARING: BROKEN TOP PUD APPEAL Before the Board was a public hearing on an appeal of a conditional of approval on Hearings Officer's Decision on M-92-1, a master plan for the Broken Top Planned Unit Development. Chairman Maudlin opened the public hearing. Since the appellant had asked for a 90 -day continuance, and there was no one in the audience who had attended to testify on this topic, Chairman Maudlin announced that this public hearing was continued until November 4, 1992, at 10 a.m. 2. PUBLIC HEARING: ORDINANCE 92-047 AMENDING TITLE 18 Before the Board was a public hearing concerning Ordinance 92- 047 which would amend Title 18, the Deschutes County Zoning Ordinance relating to a clarification of conditional use standards. George Read said the draft ordinance was reviewed by the County Planning Commission at their meeting in June, and they recommended that the Board amend the ordinance. He said this ordinance would amend the county code relating to specific conditional use criteria which were added approximately last August. The purpose of the changes in the code made last August was to establish some general conditional use criteria for a "catch all" since there were some conditional uses which had no criteria. However, it was discovered that some of the wording, particularly in the EFU zone, also triggered this general conditional use criteria in addition to the substantial existing criteria in EFU-zones relating to nonfarm dwellings. He said this was an error since it was not their intent to amend the ordinance to have all the general conditional use criteria apply to zones which already had specific conditional use criteria. Ordinance 92-047 would correct that situation. The findings and decisions were PAGE 1 MINUTES: 7-15-92 ��fl�.Fhfr , 0119-0054 already quite lengthy just using the existing criteria, so adding these general criteria would needlessly increase the amount of paperwork. This change would not substantially change the type of the review conducted since all of the statutory language was still included in the ordinance for reviewing exclusive farm use applications. Chairman Maudlin opened the public hearing and asked for testimony. Betty Marquette, PO Box 1138, Sisters, questioned the language "the proposed use shall be compatible with existing and projected uses on surrounding properties." She asked what this meant when all the surrounding properties were vacant? She said she just lost an appeal on a nonfarm dwelling in an EFU zone. She felt that placing a nonfarm dwelling in an EFU zone could cause problems at a later date even though the surrounding property was vacant. Bruce White said the nonfarm dwelling criteria in the EFU zone addressed that issue specifically, which was one of the reasons why he didn't believe that it was necessary to have the duplicative general standards. The nonfarm dwelling criteria spelled out that before a nonfarm dwelling could be place in an EFU zone, it must be found that the introduction of a new dwelling would be compatible with farm uses in the area and would not seriously interfere with farming activities on parcels devoted to farm use. There was also another criteria dealing with the material stability of the area which required an analysis of the how many vacant parcels there were and how many adjacent parcels there were with houses. Therefore the existing criteria already required that these issues be examined in detail. Chairman Maudlin expressed concern that the ramifications of ordinances being proposed were not fully explored before being brought to the Board for consideration since, on several occasions, amendments had to be made because of problems they created when implemented. George Read said it was very difficult to anticipated all of the possible ramifications prior to implementation. In this case, they hadn't felt that the general standards would apply until a case came before the Board and County Counsel reviewed the wording very closely and felt the general provisions did apply. Chairman Maudlin closed the public hearing. THROOP: I'll move first and second reading by title only of Ordinance 92-047 SCHLANGEN: Second. PAGE 2 MINUTES: 7-15-92 3. 4. 0119-0055 VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-047 by title only. SCHLANGEN: Move adoption. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES AWARD OF CONTRACT FOR OVERLAYING OF SOUTH CENTURY DRIVE Before the Board was award of contract to overlay South Century Drive. Larry Rice said they received two bids for this project; both of which were below the engineer's estimate. He recommended the board authorize the contract to the low bidder, Bend Aggregate and Paving Company, in the amount of $184,482.50. SCHLANGEN: I move award of contract. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES AMENDMENTS #20 AND #21 TO MENTAL HEALTH INTERGOVERNMENTAL AGREEMENT Before the Board was approval of Amendments #20 and #21 to the 1991-93 Mental Health Intergovernmental Agreement 09-001 with the State Mental Health Department. Frank Moore said these amendments were two minor adjustments to the agreement totalling $10,000 which were mostly cost -of -living allowances. SCHLANGEN: I move approval of amendments. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 3 MINUTES: 7-15-92 5. APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD 0119-0056 Before the Board was appointment of Pete Miller, Jane McEldowney, and Carolyn Tjoland to the Mental Health Advisory Committee. SCHLANGEN: I move appointment of Pete Miller, Jane McEldowney and Carolyn Tjoland to the Mental Health Advisory Board. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 6. MEMORANDUM OF SUBGRANT FOR SPECIAL FRIENDS PROGRAM Before the Board was signature of Memorandum of Subgrant under Deschutes County's Community Children and Youth Services Commission for Special Friends Program. Sukey Waller said this contract would change the management of the Special Friends Program to the Education Service District who would continue to collaborate with the Mental Health Department rather than the other way around. It was just a switch in management and both parties would still be conducting the program. THROOP: I'll move signature of the contract. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 7. ORDER 92-074 OUTLINING PROCEDURES FOR REVIEW OF FARM AND NONFARM DWELLINGS Before the Board was signature of Order 92-074 establishing certain procedures for review of farm and nonfarm dwellings and providing a sunset for December 31, 1992. George Read said this order resulted from an agreement with ARLU-DeCo to refer land use applications regarding dwellings in EFU zones to the Hearings Officer and automatically call them up for review by the Board of County Commissioners. It also established July 20 as the date when the new farm applications would be used. Board review of those applications would continue until September 30, 1992, or such time as the Board adopted new farm standards. The applicant PAGE 4 MINUTES: 7-15-92 0119-005'7 would pay a pre -application fee, the staff would then prepare a long list of data for the applicant and give it to the applicant along with the application form. When the completed application was submitted, the remaining 90% of the fee would be paid. That would ensure there would be complete applications. While this would require a lot more staff time on the front end getting the applications complete, it should significantly streamline the process for preparing the staff report. SCHLANGEN: Move signature of Order 92-074. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: NO RESOLUTION 92-058 DECLARING INTENT TO TRANSFER PROPERTY TO CENTRAL OREGON PARKS AND RECREATION Before the Board was signature of Resolution 92-058 declaring the intention of Deschutes County to transfer real property to the Central Oregon Park and Recreation District to be used exclusively for public purposes and setting August 19, 1992 as the date for a public hearing on this transfer. Brad Chalfant said this Resolution concerned the property at lower bridge which was to be transferred and dedicated as part of the Eagle Rock Subdivision project which was platted two years ago. There were a number of "hold ups" in closing this transaction, however it was now ready to transfer to Central Oregon Park and Recreation District which was the original intent of all of the parties. In March it was discussed that there were some taxes due on this property as a result of the delays in closing, and the Board had decided to consider waiving those taxes at the time of transfer. The taxes were approximately $1,200. If the Board so agreed, the final Order transferring the property would include language waiving those taxes. MAUDLIN: I would entertain a motion for signature of Resolution 92-058 intention to transfer property and to set a public hearing for August 19. THROOP: I'll make the motion. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 5 MINUTES: 7-15-92 0119-0058 9. APPOINTMENTS TO BLACK BUTTE RANCH SERVICE DISTRICT BOARD Before the Board was appointment of Glen Grader, Bill Handy, and Pete Peterson to the Black Butte Ranch Service District Board of Directors. THROOP: I'll move the three appointments. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. APPOINTMENTS TO DESCHUTES COUNTY FAIR BOARD Before the Board was reappointment of Neil Davis, Duane Hought, and Don Miltenberger to the Deschutes County Fair Board. THROOP: I'll move the reappointments. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 11. ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of accounts payable vouchers in the amount of $146,337.88 for the fiscal year ending 6/30/92 and $375,235.42 for 7/15/92. MAUDLIN: I would ask for a motion to approve subject to review. SCHLANGEN: So moved. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 12. LIBRARY LEASE WITH CITY OF SISTERS Before the Board was signature of a Lease with the City of Sisters for use of their building for the Deschutes County Library in Sisters. Brad Chalfant said the City of Sisters provided the facility for the County Library in Sisters and this Lease was the "memorialized" form of that agreement. The City was not PAGE 6 MINUTES: 7-15-92 13. 14. 15. 0119-0059 charging the County any rent for use of this facility, however the County would provide some maintenance. THROOP: I'll move signature of the lease. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CLAIM FOR DAMAGED LIVESTOCK Before the Board was a claim for damaged livestock from Louis V. DeGiovanni in the amount of $113.76. Chairman Maudlin explained that a dog broke into a pen which contained 12 adult turkeys and killed them all. Commissioner Throop asked if turkeys were considered "livestock," and Officer Komurka said they were. She had spent three hours canvassing the area of the incident but had been unable to locate the offending dog. She said Mr. DeGiovanni heard a commotion on that evening and when he got to his pen the turkeys were already dead. There was currently $500 in the livestock claim fund. She recommended that the Board authorized payment of this claim. THROOP: I'll move claim payment/compensation. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CONTRACT WITH STATE MARINE BOARD Before the Board was signature of a Contract for Boating Safety and Law Enforcement Services with the Oregon State Marine Board. THROOP: Move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES AMENDMENT TO PERSONAL SERVICES CONTRACT WITH WESTERN ADVOCATES INCORPORATED Before the Board was signature of an Amendment to the Personal Services Contract with Western Advocates Incorporated for the PAGE 7 MINUTES: 7-15-92 16 . 17. 18. 0119-0060 analysis and report on the results from a total of up to 700 additional responses to the public opinion survey. Karen Green said about 700 more responses to the public opinion survey had been received than had been contracted for, and requested that the Board authorize payment for processing these additional responses. THROOP: I'll move signature of the amendment. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Abstain DEVELOPMENT AGREEMENTS FOR: WESTON SUNRIVER PROPERTIES AND PACIFICORP Before the Board was signature of two Development Agreements for: (1) Weston Sunriver Properties for a commercial building in Sunriver Mall, and (2) PacifiCorp for a new Substation on Horner Road. THROOP: I'll move signature of the Development Agreement for each one. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES INDEMNITY AGREEMENT FOR COORS CASCADE CYCLING CLASSIC Before the Board was signature of an Indemnity Agreement for the Coors Cascade Cycling Classic being held from July 15 through July 19. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES MP -90-068 FOR BILL LYCHE Before the Board was signature of MP -90-068 dividing a 364 - acre Parcel into three lots in an EFU-40 zone for Bill Lyche on Holmes Road in the Cloverdale area. PAGE 8 MINUTES: 7-15-92 0.19-0061 THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 19. ORDER 92-076 - continued one week 20. CONSERVATION EASEMENT FOR LM -92-39.- continued one week 21. MJP-91-10 NEAR REDMOND AIRPORT Before the Board was signature of plat and dedication on MJP- 91-10 creating two parcels southwest of the Redmond Airport. One parcel would go to the City of Redmond and the other was for the fairgrounds. THROOP: I'll move signature. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 22. LIQUOR LICENSE RENEWALS Before the Board was chair signature of liquor license renewals for American Legion Post #45 in LaPine and for Riverwoods County Store. THROOP: Move chair signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 23. MP -22-11 Before the Board was signature of MP -92-11 dividing a 40 -acre parcel into two 20 -acre parcels in an EFU-20 zone. The parcels would have 16 and 17 acres of water each. SCHLANGEN: Move signature of MP -92-11. THROOP: Second the motion. PAGE 9 MINUTES: 7-15-92 VOTE: THROOP : YES 0119-0062 SCHLANGEN: YES MAUDLIN: YES 24. YOUR COMMUNITY 2000 PRESENTATION John Larkin and Jim Lussier came before the Board to update them on the progress of "Your Community 2000." Jim Lussier thanked Deschutes County and the Commission for their participation in the Your Community 2000. This project was started in 1989, and it was now ready for presentation to the participants. They wanted to invite the Board to participate in a more formal presentation of the findings and recommendation which were embodied in the draft report he gave to the Board. This presentation would be on September 11, from 9:00 a.m. to noon at the City of Bend Public Works Building on Forbes Road. About 1,000 people participated in the various issue groups and general public meetings as this report was drafted. He felt this project had raised the issue of growth and the management of growth and its impact on the future of the Bend area. He had been the chairperson of Your Community 2000 for the last couple of years and now John Larkin would be the chairperson and would have the task of seeing how the report would be implemented. John Larkin said they were going to maintain the continuity of the project by continuing to have the Bend Chamber of Commerce as facilitator of the process, specifically the past president of the Chamber would be asked to chair the steering committee. They wanted to make sure this study did not sit on the shelf and gather dust, and felt it was critical for all of the parties to have a forum for discussion. He felt the structure would be similar to the steering committee which started the process. Jim Lussier said they the Bend urban growth other communities and to them. had intentionally limited their focus to boundary, but were willing to work with make all of their information available DATED this &a day o: Conm:issioners of Deschutes ATT T: Recording Secretary PAGE 10 MINUTES: 7-15-92