1993-07124-Minutes for Meeting February 10,1993 Recorded 3/2/199393-07124 0120-1120
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS 3 flij 4 P, IF: 23
February 10, 1993
Chair Throop called the meeting to order at 10:08. Board member
in attendance were Tom Throop and Nancy Pope Schlangen. Also in
attendance were Rick Isham, Legal Counsel; Bruce White, Assistant
Legal Counsel; Brad Chalfant, Property Management Specialist; Sue
Brewster, Assistant Legal Counsel; Larry Rice, Public Works
Director; Tom Blust, County Engineer; Karen Green, Director of
Community Development; and Greorge Read, Planning Director.
1. CONSENT AGENDA
Consent agenda items before the board were: 1) signature of
Resolution #93-007 proclaiming the month of March 1993 as Red
Cross Month in Deschutes County; 2) signature of letter of
approval of plan amendment to the Deschutes County Children
and Youth Services Commission's Comprehensive Plan for 1993-
95; 3) review of Deschutes County Children & Youth Services
Commission's comprehensive plan for 1993-95; 4) appointment of
Wesley Price to the Solid Waste Advisory Committee; 5)
signature of acceptance of warranty deed for right-of-way on
Brookswood Boulevard; 6) signature of resolution 93-002
accepting petition to vacate a portion of Blue Eagle Road in
Vandevert Acres South Subdivision, the engineer's report
relating to said vacation, and order 93-057 setting a public
hearing for said vacation; 7) Signature of orders authorizing
expenditure of funds for maintenance of 17 roads until annexed
into the city: 93-020 Sarah Drive, 93-021 Claremont Court,
93-023 Daly Estates Drive; 93-024 Steens Mountain Court; 93-
025 Ladera Road; 93-026 Wilderness Way; 93-027 Dooley Mountain
Court; 93-028 Clear View Court; 93-029 Vail Run Court; 93-030
Fireside Trail; 93-031 Chloe Estates; 93-032 Cultus Mountain
Court; 93-033 Steens Mountain Loop; 93-034 Merritt Court; 93-
042 American Loop; 93-063 Mountaineer Way; 93-066 Mt.
Washington Drive; 8) Consideration of Signature of orders
establishing 34 roads into the County maintained system; 93-
005 Topaz Street; 93-006 Platinum Drive, 93-007 Platinum Way;
93-008 Alexandrite Drive; 93-009 Wildwood Drive; 93-010
Boulder Court; 93-011 Bradetich Loop; 93-012 Belknap Drive;
93-013 Bunchgrass Place; 93-014 Bunchgrass Court; 93-015 Lydia
Drive; 93-016 Garcia Road; 93-107 Dulin Drive; 93-018 Ann
Margaret Drive; 93-019 Over Tree Road; 93-022 American Lane;
93-035 Rocky Top Court; 93-036 Silver Sage Street; 93-037
Hollygrape Street; 93-038 Jericho Road; 93-039 Cheyenne Road;
93-040 River Woods Drive; 93-041 Comache Lane; 93-043
Ponderosa Cascade Drive; 93-044 Ponderosa Loop; 93-045 Cascade
Way; 93-046 West Cascade; 93-047 East Cascade; 93-048 Topaz
Place; 93-049 Amethyst Street; 93-064 West Ridge Avenue; 93-
065 Simpson Avenue; 93-068 Mills Drive; 93-071 Poplar Street;
and 9) signature of two road dedications on Butler Market.
KEY CHECK A;
E ?993
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SCHLANGEN: Move approval of items number 1-9.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
2. SIGNATURE OF ORDER 93-002 DENYING THE PETITION TO VACATE A
PORTION OF SISEMORE ROAD AND PONDEROSA CASCADE DRIVE
Before the Board was signature of Order 93-002 denying the
petition to vacate a portion of Sisemore Road and Ponderosa
Cascade Drive as the right-of-way would be needed for future
transportation needs and would not be in the best interest of
the public to vacate. The parties from the Sisemore area that
expressed interest from the week prior were not present. Tom
Blust stated there was no new information.
SCHLANGEN: I move signature of Order 93-002 denying the
petition.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
3. SIGNATURE OF DEVELOPMENT AGREEMENT FOR LA PINE FUNERAL HOME
Before the Board was signature of a development agreement for
La Pine Funeral Home. George Read stated it was a standard
development agreement for improvements, and the funeral home
was located on Finley Butte Road.
SCHLANGEN: I move signature of development agreement.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
4. SIGNATURE OF RESOLUTION 93-009
Before the Board was signature of Resolution 93-009 to create
a lottery video poker fund. Rick Isham stated the name of the
Resolution was changed to Video Lottery Fund since that was
the name used in the statute.
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0120-1122
SCHLANGEN: I move signature of Resolution 93-009 to
create a video lottery fund.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
Mike Maier stated he would like to have on the record that the
funds for the Economic Development were to be grant funds
which would require a 50 percent match from the applicants to
the County.
5. SIGNATURE OF ORDER #93-070
Before the Board was signature of tax refund Order #93-070.
The total tax refund amount was $61,610.31 and the tax receipt
overpayment refund was $1,488.12.
SCHLANGEN: I move signature of tax refund order #93-070.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
6. ACCOUNTS PAYABLE VOUCHERS
Before the Board was consideration of accounts payable
vouchers. There were two batches in the amounts of
$149,689.65 and $104,512.68.
SCHLANGEN: I move signature upon review.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
7. ONE YEAR EXTENSION FOR CERTAIN MEMBERS OF THE SOLID WASTE
ADVISORY COMMITTEE
Before the Board was consideration of a one-year extension of
terms for Dennis Landwehr, Kent Butler, Craig Miller, and
Bruce Bailey to the Solid Waste Advisory Committee. Their
terms were to expire on June 30, 1993. Larry Rice explained
that Thursday, February 11, would be a meeting where the
planning process would begin and that he wanted these members
to be certain that they were "in for the duration of the
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DI
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planning process and be able to participate in the
comprehensive update planning process."
SCHLANGEN: I move a one-year extension for Dennis
Landwehr, Kent Butler, Criag Miller, and Bruce
Bailey to the Solid Waste Advisory Committee.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
SIGNATURE OF ACCEPTANCE OF DEED FOR REAL PROPERTY ON REED
MARKET ROAD FROM CITY OF BEND
Before the Board was signature of acceptance of deed for real
property on Reed Market Road from the City of Bend. Brad
Chalfant said this was regarding property on 9th and Reed
Market and that the Road Department had reconstructed the
intersection and created two small, unbuildable parcels. The
City owned one and Deschutes County owned the other. Brad
stated that there was an offer to acquire the property by a
private party that was previously approved and that the two
parcels were being consolidated so that the transaction could
be completed.
THROOP: A motion would be in order for signature of
the quit claim deed.
SCHLANGEN: So moved.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
SIGNATURE OF RENTAL OF MINI STORAGE UNIT
Before the Board was signature of a rental agreement with
Deschutes Mountain Company for a mini storage unit to be used
for the purpose of archiving for the Community Development
Department. Karen Green explained that her department had
used all their available space for storage. The cost would be
$53 per month and the agreement was for month-to-month. She
described the unit as secure, to be locked by the Community
Development Department, and that there was a 24-hour attendant
on site plus monitored access and a gate.
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10.
11.
0120-1124
SCHLANGEN: I move signature of rental of mini storage
unit.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
APPROVAL OF LIQUOR LICENSE
Before the Board was approval of liquor license for the
Terrebonne Dinner House.
SCHLANGEN: Move approval of liquor license.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
DECISION ON CONDITIONAL USE PERMIT FOR A LIVESTOCK ARENA FOR
DENISE MOODY
Before the Board was a decision on a conditional use permit
for a livestock arena in an MUA-10 zone.
Myer Avedovech attempted to submit additional information.
Chair Throop stated that the Board was unable to listen to any
additional statements unless the public hearing was reopened.
Chair Throop explained that the decision was again before the
Board because of a question of the legal staff as to whether
the decision could be deferred until there was a third
commissioner. Rick Isham stated "the law contemplates that
the Board make a decision" and if the Board was unable to make
a decision that "may be a decision." He felt that the failure
to make a decision could be appealed to LUBA and that the
applicant would have the opportunity to file in circuit court
to test the failure of the Board to make a decision. His
conclusion was the Board was not entitled to put the decision
off indefinitely.
Chair Throop said that both the planning and legal staffs had
discussions with the applicant during the past week. He asked
Rick Isham if there was anything in those discussions that
could help the Board reach a decision. Rick responded that
his discussion had centered around whether or not the
applications could stand independently and what the impact
would be on the partition application if the conditional use
application was withdrawn or denied. Rick said that the
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recommendation from the Planning Division was approval for the
partition application and denial of the conditional use.
George Read questioned what the proposed use was for the one
parcel in the application. He said that on the back of the
actual partition application was a description of the proposed
uses. He stated that the actual partition application
described, "a new, 10 -acre lot created would be a desirable
building site with mountain views separate from the southwest
piece with agricultural structures." He said the pending
conditional use application stated, "tax lot 601 is 20 acres
with the proposed conditional use using 5 acres. The
separation of the 20 acres would be two 10s and would not
affect the proposed conditional use for our livestock arena."
George said that as part of the partition, it appeared that
the livestock arena was contemplated as a use.
Chair Throop said that one of the standards that needed to be
met for a partition in the MUA zone was that the resulting
parcels were suited for the intended use. He questioned
whether the petition application was complete enough to
describe the intended uses on the two parcels if the
conditional use aplication was withdrawn.
George Read said the scope of the arena may or may not be
relevant to the decision for approving the partition.
Rick Isham asked if his answer would be any different if the
Board denied the conditional use application and approved the
partition. George stated it would be difficult to make a
finding one way or another and that there was evidence in the
record which could support either one. He said that the
hearings officer had approved the partition.
Chair Throop asked Rick Isham if the applicant was considering
withdrawing the conditional use permit application and leaving
the partition application before the Board. Rick responded
that neither of these had happened. Chair Throop stated that
if the applicant had "some decisions on this part to make, we
should possibly defer this matter for another week." He said
he would lean toward approving the partition following the
lead of the hearings officer.
Commissioner Schlangen stated that she would consider putting
the decision off one more week so that the applicant would
have time to consider withdrawing the application. Chair
Throop felt that if the application was withdrawn, they could
then make a decision on the remaining application. He asked
Commissioner Schlangen if there were any elements that they
could agree on. Commissioner Schlangen stated, "I don't think
we are going to agree on livestock," and said they needed
clear objectives from the Planning Commission before making
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this kind of decision. 0120-1126
It was agreed to postpone the decision for one week to allow
the applicant to make a decision. Chair Throop said that if
the conditional use permit was withdrawn it would appear that
the partition did meet the criteria.
Chair Throop continued the decision to February 17 at 10 a.m.
11. UPDATE ON OREGON TRUNK RAILWAY DEPOT AND SIGNATURE OF LETTER
OF INTRODUCTION
Before the Board was an update on the acquisition of the
Oregon Trunk Railway Depot building and signature of a letter
of introduction. Brad Chalfant explained that the letter was
to Dale Allen, Regional Manager for the Department of
Transportation, and that the letter contained the proposal for
the depot and baggage building. Brad said the deadline for
proposals was Friday, February 12, and that he needed to
submit the proposal to the Department of Transportation on
February 11. He stated the County proposed to acquire the
buildings, consolidate the site, renovate the structures, and
place them on the National Register of Historic Places.
Commissioner Schlangen asked what type of support had been
received for this project. Brad stated there was a broad base
of support but he had specifically not asked those involved in
the selection process for their endorsement. He said if they
were the selected recipient, he would then go to the community
to raise funds.
SCHLANGEN:
THROOP:
VOTE:
Move consideration of signature of letter of
introduction.
Second.
SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
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0120-112'7
DATED this /0,7t& day of , 1993, by the Board
of Commissioners of Deschutes County, 0 on.
op,
ATTEST: Nancy Pogi vSbjilangen,
Recording Secretary B. H. Slaughter, Commissioner
MINUTES PAGE 8 2-10-93