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1993-05588-Minutes for Meeting January 20,1993 Recorded 2/18/19930120-100493-05588 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS January 20, 1993 CP Chair Throop called the meeting to order at 10:10 a.m. d members in attendance were Tom Throop and Nancy Pope Schlan"Ki Also present were Rick Isham, Legal Counsel; Dennis Maloney; Director of Community Corrections; Tom Blust, County Engineer; Patsy Hovick, Planner; and George Read, Planning Director. 1. WOOD YARD UPDATE Chair Throop called Dennis Maloney from the audience to make an announcement of general interest. Dennis stated that Crown Pacific and Crescent Creek Logging were providing four logging trucks full of wood for fuel to the landfill site. This would be made available to senior citizens and those eligible for fuel assistance. The work of cutting the firewood would be done by individuals ordered to do community service work. With this donation, they feel that they can help people through the critical cold weather time of January and February. 2. CONTINUED PUBLIC HEARING: SIGNATURE OF ORDER 93-003 CONSIDERING THE REAL PROPERTY TRANSFER TO HABITAT FOR HUMANITY Before the Board was signature of Order 93-003 considering the transfer of real property to Habitat for Humanity to be used exclusively for low income housing. Chair Throop stated there had been two prior public hearings on this matter and that the members of the Old Town Neighborhood Association had been given the opportunity to convene and come back today to make recommendations. Fred Johnson, 429 N.W. Georgia, Bend, Oregon, said he was a member of the Old Town Neighborhood Association. He thanked the Board for the two week extension and said that the Association was not prepared to take a position on the proposal. Because they were a nonprofit organization, they did not have the manpower, time, or hours to take this issue to their membership. Deanne Everton, 1375 N.W. Kingston, Bend, Oregon, representative for Habitat for Humanity, said she wanted to address questions that Commissioner Slaughter had asked at the last hearing on January 6, 1993. Regarding sidewalks, she had contacted Anita Powell of the City of Bend who stated that Habitat would not be required to put sidewalks in as it was a single family dwelling. The width of Bond and Florida Streets were discussed with Anita, and Bond is 36 feet wide, with a 60 -foot right-of-way. Therefore, the street could extend 12 feet beyond where it does currently. They would start their 0120-1005 setback at that point. The house could sit as close as 32 feet on the Bond Street side and 25 feet on the Florida side. Florida Street was currently 30 feet wide and could also extend to 60 feet wide. The house would probably be two story and therefore would take up less space. Aaron Lafky stated he currently lived on Broadway Street, Bend, Oregon, which was similar to Bond Street. Until living in his home on Broadway, he had not understood the implications of living on a collector street with many cars at peak traffic hours. He stated this created a negative living environment. He felt that it was a good area for development but needed consideration as it was so close to Bond Street which, in the next few years, would be making a transition from a collector street to an arterial street. He has volunteered as a member of the site selection committee for Habitat but feels the lot needed careful attention because of the Bond Street impact. Kathy Farquar, Bend, Oregon, stated she was a typical Habitat family. She has two children, is employed, and not on Welfare. She said that contrary to popular belief, most Habitat families do not have six or more children and on Welfare. Many people live in apartments and on main streets besides Habitat families. This is not a substandard neighborhood and would be a good location. Chair Throop closed the public hearing. Commissioner Schlangen discussed the concern for the widening of Bond Street. She stated that was a possibility. She said the long side of the property where most of the house will be facing was on Florida Street which was a small, quiet neighborhood. She said many of the houses in that area were closer to the road than where Habitat would place their house. She felt it was a good use of the lot. SCHLANGEN: I would like to make the motion to sign order 93-003, property transfer to Habitat for Humanity. THROOP: Second. Under discussion, Chair Throop stated he concurred with Commissioner Schlangen. He said many arterials and collectors throughout the City had residential dwellings and this was a far better alternative than no home at all. He said Habitat's primary mission was focused on families and the goal of making better living situations for children and their families. He said the 1991 Legislature changed the law to enable local governments to give a surplus lot to an agency such as Habitat. MINUTES PAGE 2 1-20-93 VOTE: SCHLANGEN: YES 0120-1006 SLAUGHTER: EXCUSED THROOP: YES 3. DISCUSSION OF LA PINE BLOCK GRANT APPLICATION Before the Board was discussion of the La Pine Block Grant application to the State. Chair Throop stated that the Board was in support of the project. Libby Fenton, John Hopper, and Barbara Hanson of La Pine came forward. Libby Fenton requested an updated letter of support from the Board so that they could continue with their application which was due between March 29 and April 12, 1993. She explained that the La Pine project was to develop a facility whose focus was directed towards children and their families where educational services would be consolidated with health and social services. That building would be on the property belonging to the school district next to the high school in La Pine. The facility would also be used for the Head Start Preschool, Great Start Preschool, Day Care Center, Teen Parent Program, and child development program. She showed a sketch of the type of facility they would like and stated it would go to an architect. They were looking for other sources of funding to supplement the community block grant. One of the means was to solicit pledges and donations from those people interested in obtaining a tax credit. She said that the teen parent program and child care program were eligible for a tax credit status according to House Bill 2003. She was also writing grants that would provide furnishings for the building, purchase computers, software and educational materials, and hire a staff person to coordinate/administer. They planned to reapply this year and wanted to initiate the process. Chair Throop said that prior to the submittal of the grant application, a public hearing should be conducted. He directed Rick Isham to initiate plans for a public hearing and asked that Habitat hold their plans until the public hearing and that they would be notified by telephone and letter as to when the public hearing would occur. Libby Fenton said two reasons they were not funded last year were that they were not ready to proceed and that they tried to fit the facility into $500,000. This year, they are ready to proceed, and the amount requested will be $600,000. Commissioner Schlangen asked if there was any different focus in the writing of the grant this year or if it was the same grant. Libby indicated that the focus would be the same. Chair Throop asked that at the public hearing they focus on the specific plans to resolve the two issues the State MINUTES PAGE 3 1-20-93 0120-100'7 identified as their reasons for denial in 1992. 4. PUBLIC HEARING: CONSIDERATION OF TEXT AMENDMENT TO TITLE 18 TO ADD UTILITY FACILITY AND SCHOOLS AS USES ALLOWED IN THE MUA-10 ZONE Before the Board was consideration of text amendment to Title 18 to add utility facility and schools as uses allowed in the MUA-10 zone. George Read stated that this was discussed two weeks ago. He said that errors were made when Title 18 was codified and changes were made to the EFU zone. He said utility facilities used to be an outright permitted use in an MUA-10 zone but were changed to a conditional use in the EFU zone. When the notice was done, utility facilities were put back in as an outright permitted use. It was his feeling that these should have been a conditional use. George asked Rick Isham about the wording to amend Title 18 adding utility facilities as a permitted use and questioned whether the County would have to renotice if it were changed to a conditional use. Rick stated the question was whether the change constituted a substantial change. He said the change in the ordinance did not grant greater rights than those set forth in the scope of the notice and therefore, the change would not be substantial and that they could proceed to adopt an ordinance as a conditional use even though it was less than what was set forth in the notice. George Read stated that, based on the Planning Commission's recommendation, these would be conditional uses. Chair Throop asked for clarification of the Planning Department's recommendation. George said they recommended that the ordinance be changed to make utility facilities conditional uses as schools are conditional uses. Chair Throop opened the public hearing. Being no testimony, the public hearing was closed. Commissioner Schlangen asked if action should be taken at this time. Rick Isham responded that the ordinance would need to be changed before it was read. George Read stated he would bring this back on January 27 for signature. 5. PUBLIC HEARING: CONSIDERATION OF PROPOSED ANNEXATION TO CLOVERDALE RURAL FIRE PROTECTION DISTRICT Before the Board was consideration of proposed annexation to the Cloverdale Rural Fire Protection District. Bruce White stated this was an annexation that covered two tracts. One consisted of several adjacent parcels owned by different families and the second parcel was adjacent to Highway 20. MINUTES PAGE 4 1-20-93 0120-1€08 After reviewing the legal description, he concluded the map and the description were not exactly the same. He stated that Charles Trachsel, Chief of the Cloverdale Rural Fire Protection District, had also agreed that the description was not correct. Rick Isham asked if the legal description had already been published for the purpose of this hearing. Bruce answered yes. Rick suggested that the notice of the hearing be republished with the correct legal description because the Department of Revenue would not accept a legal and a map that were different. Therefore, the hearing would need to be postponed one week. Chair Throop asked if there was anyone present that wished to place their comments on the record. The public hearing was opened. Charles Trachsel, Cloverdale Fire Chief, said that he questioned the legal description after seeing the first application. He said the applicant was a title insurance party. He said the Assessor's Office also questioned the description. Chair Throop continued the public hearing until January 27, 1993 at 10:00 a.m. 6. SIGNATURE OF ACCEPTANCE OF WARRANTY DEED FROM KEOWN ON BROOKS Before the Board was signature of acceptance of warranty deed from Larry and Mary Keown. Tom Blust said it was a 15 -foot - wide strip of land right-of-way along Powers Road scheduled on the capital improvement program for construction next year. He said the project tied into the Parkway and was one of the projects that Deschutes County was obligated to do in conjunction with the Parkway. SCHLANGEN: Motion to move signature of acceptance of warranty deed. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 7. ESTABLISHMENT OF FEE FOR DEPO-PROVERA INJECTIONS Before the Board was consideration of establishment of a fee for Depo-Provera injections. Florence Torrigino explained that this was a new method of birth control and the purpose of this request was to establish a fee of $40 for the injections. The fee would be on the sliding scale and incorporated with existing fees. MINUTES PAGE 5 1-20-93 M 9. SCHLANGEN: I move establishment of fee. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF MP-92-30/CU-92-95, PARTITIONING 3 LOTS IN AN EFU FLOODPLAIN ZONE ON JACKPINE ROAD IN LA PINE Before the Board was signature of MP-92-30/CU-92-95, partitioning 3 lots in an EFU floodplain zone on Jackpine Road in La Pine. Patsy Hovick explained that the floodplain zone ran along the edge of the river which crossed a portion of the property and that any time there was partitioning in a floodplain zone, a conditional use permit was required in order to partition. The subject property was 277.43 acres consisting of 3 parcels. There was a public hearing on July 7, 1992, and testimony was given by the applicant but none from any other parties. No other written testimony was received. Chair Throop clarified that this was not a public hearing as it had been through the land use planning process; this was simply a mylar before the Board for signature. THROOP: Motion to sign. SCHLANGEN: MP-92-30/CU-92-95, so moved. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF RESOLUTION 93-005 DECLARING INTENTION TO TRANSFER REAL PROPERTY TO COMMUNITY ACTION FOUNDATION OF CENTRAL OREGON & SETTING A HEARING DATE Before the Board was signature of Resolution 93-005, declaring the intention to transfer real property to the Community Action Foundation of Central Oregon, an Oregon nonprofit corporation, to be used exclusively for the provision of low income housing and to set a hearing date for the purpose of hearing objections to the transfer and providing notice. Commissioner Schlangen said that Deschutes County always looked for ways to be partners in the community. Four years ago, because of the need for transitional housing, permission was obtained from the County Commissioners to use the old Pilot Butte Motel for transitional housing. This project was successful and began the quest for another suitable property. MINUTES PAGE 6 1-20-93 0120-1010 Now, there was an opportunity with the Bill Healy Center. A state grant of $100,000 had been received, and Mt. Bachelor would participate with their Sharelift program as well as other activities to raise funds. She stated a piece of property had been identified and a hearing would be held on February 17. Chair Throop stated that the property was a planned unit development between Bear Creek Road and Highway 20. The common area was tax foreclosed by the County, and the pads that the units were to be built on are owned by Pat Kelly at Sheldon Kelly Realty. Because of the 1991 Legislature, the County has the opportunity to provide land it holds for low- income housing purposes. Deschutes County was working with the partnership headed by Pat Kelly to obtain an agreement on reconfiguration of the site. Sharon Miller and Terry Lynch came forward. Sharon introduced herself as Executive Director of COCAAN (Central Oregon Community Action Agency Network), and Terry, as the President of Community Action Foundation of Central Oregon. She said that CAFCO would be the development arm of the Bill Healy Family project and COCAAN would take on the responsibility, with other social services, to provide the service program for the people who would be living at the Bill Healy Family Center. She stated a vital portion of the community support needed for this effort would come from Deschutes County providing a donation of land for the project. Chair Throop felt confident that an agreement upon reconfiguration of the property could be arranged to satisfy both the Kellys, the County, COCAAN and CAFCO, and the Bill Healy project. SCHLANGEN: I move signature of Resolution 93-005 declaring intention to transfer property and setting a hearing date. THROOP: VOTE: MINUTES PAGE 7 Second. SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 1-20-93 10. SIGNATURE OF ACCOUNTS PAYABLE VOUCHERS 0120-1011 Before the Board was signature of accounts payable vouchers in the amount of $508,461.10. SCHLANGEN: Move signature upon review. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 11. SIGNATURE OF WILLBROS ENERGY SERVICES COMPANY INDUSTRIAL LEASE Before the Board was signature of the industrial lease for Willbros Energy Services Company, a Delaware Corporation. Rick Isham recommended signature. Chair Throop asked that the motion be made subject to review as he wanted the opportunity to review the document. SCHLANGEN: I move signature of industrial lease with Willbros Energy Services Company upon review. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 12. SIGNATURE OF BOARD'S DECISION ON A-92-21, APPEAL OF HEARINGS OFFICER'S DECISION ON ROAD IMPROVEMENTS FOR REED LANE FOR MP - 90 -79 Before the Board was signature of the decision on A-92-21, an appeal of Hearings Officer's decision on road improvements for Reed Lane. George Read stated it had been reviewed by legal counsel and approved and that the decision had already been made. SCHLANGEN: I move signature of Board's decision. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES MINUTES PAGE 8 1-20-93 0120-1012 13. ACCEPTANCE OF DEDICATION FOR ONE FOOT RESERVE STRIP ON SILVERADO DRIVE Before the Board was acceptance of the dedication for a one foot reserve strip on Silverado Drive in the Saddleback Subdivision. George Read said it was unclear who owned the reserve strip. Rick Isham asked for clarification on whether the County was the owner or not. Chair Throop said that it was a minor issue and recommended approval subject to review. SCHLANGEN: I move acceptance of dedication upon review. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 14. SIGNATURE OF PLAT FOR MP -92-47 Before the Board was signature of plat MP -92-47, creating two 10 -acre parcels zoned MUA-10 at the intersection of Deschutes Market Road and Dale Road. SCHLANGEN: Move signature of plat MP -92-47. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 15. APPOINTMENT OF DON YEAGER AS CHAIR PRO -TEM TO THE BOARD OF EQUALIZATION Commissioner Schlangen asked that Don Yeager be appointed as Chair protem to the Board of Equalization and.ask Ron Walker to be the third member on the Board of Equalization. Commissioner Schlangen also stated that the Board of Commissioners would appoint Don Yeager to the Board of Equalization (BOE) but that the BOE would nominate Ron Walker. SCHLANGEN: I move that we appoint Don Yeager as Chair pro -tem of the Board of Equalization. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES MINUTES PAGE 9 1-20-93 DATED this 40:c. da - of Commissioners of Deschut, ATTEST: Recording Secretary MINUTES PAGE 10 1-20-93 0120-1013 B. H. Slaughter, Commissioner