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1993-33052-Minutes for Meeting July 07,1993 Recorded 9/16/1993` 93-3305A. MINUTES t 1 DESCHUTES COUNTY BOARD OF COMMISSIONERS July 7, 1993 0128-0033 Chair Tom Throop called the meeting to order at 10:05 a.m. Board members present were Tom Throop, Nancy Pope Schlangen and Barry Slaughter. Also in attendance were Larry Rice, Public Works Director; Tom Blust, County Engineer; Karen Green, Community Development Director; George Read, Planning Director; Paul Blikstad, Planner; Ed Fitch, Hearings Officer; Brad Mulvihill, Community Corrections Program Manager; Roland Gangstee, Community Corrections; and Dale Van Valkenburg, Planner. 1. PRESENTATION TO ED FITCH, HEARINGS OFFICER George Read and Karen Green made a presentation of a plaque to Ed Fitch. Ed is retiring from being the Hearings Officer for Deschutes County. George Read reported Ed had participated in approximately 150 hearings in the last six years. Karen Green expressed thanks to Ed for all of the hard work he has done in support of the planning staff and Community Development. Chair Throop thanked Ed for being extremely thorough and making decisions that were very comprehensive. Ed Fitch stated it had been an honor and privilege to serve as Hearings Officer. 2. DECISION ON EAGLE CREST DESTINATION RESORT MAPPING Before the Board was a decision on Eagle Crest Destination Resort mapping request. Dale Van Valkenburg reported receiving written comments from Bill Gary, representing Tim Gardner, and a letter from ARLU DeCO. Dale reported there were three ordinances for Board consideration. He reported Ordinance No. 93-029 amends PL -20 Comprehensive Plan regarding siting of destination resorts and declaring an emergency. Ordinance No. 93-030 amends the Comprehensive Plan map regarding siting of destination resorts and Ordinance No. 93- 031 regards the zoning map for siting destination resorts. Dale also presented a map which amends the earlier maps. Chair Throop clarified this was to amend the existing map to remove the defect that LUBA and the court of appeals stated was in the originally adopted map. Bruce White reported there was a request from Tim Gardner's attorney to adopt a time deadline for proceeding. Chair Throop requested that Bruce White explain the scope of the issues before the Board. Bruce White reported this issue came back to the Commissioners on remand from LUBA. There was a defect found in the ik `:HED 1993 0128-0034 The Board chose to not make any of part of the map effective until these maps were amended. He reported the changes in the ordinances were done in bold face type. SCHLANGEN: I move first and second reading of Ordinance No. 93-029 by title only. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SCHLANGEN: I move adoption of Ordinance No. 93-029. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SCHLANGEN: I move first and second reading of Ordinance No. 93-030 by title only, including adoption of the map before the Board and the eight other maps subject to review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SCHLANGEN: I move adoption of Ordinance No. 93-030 and the maps referenced therein. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SCHLANGEN: I move first and second reading of Ordinance No. 93-031 by title only with the maps to be included as referenced therein. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 2 JULY 7, 1993 3. 4. 5. 0128-0035 SCHLANGEN: I move adoption of Ordinance No. 93-031 including maps referenced therein. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF RESOLUTION NO. 93-050, NO PARKING ON CROOKED RIVER DRIVE Before the Board was Resolution No. 93-050, establishing no parking on Crooked River Drive. Tom Blust reported originally there was a proposed no parking zone on all of Crooked River Drive. He said a modification was made to restrict the no parking zone to certain zones where problems exist. SLAUGHTER: I move signature of Resolution No. 93-050, no parking on Crooked River Drive. SCHLANGEN: .Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES ACCEPTANCE OF TWO WARRANTY DEEDS AND ONE BARGAIN AND SALE DEED FOR RIGHT-OF-WAY ON BUTLER MARKET ROAD Before the Board was acceptance of two warranty deeds and one bargain and sale deed for right-of-way on Butler Market Road. SCHLANGEN: I move acceptance of two warranty deeds and one bargain and sale deed for right-of-way on Butler Market Road. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES AWARD OF CONTRACTS FOR PAVING OF BUTLER MARKET ROAD TO BEND AGGREGATE & PAVING AND CONSTRUCTION OF BROOKSWOOD BOULEVARD TO R.L. COATES Before the Board was consideration of award of contract for paving of Butler Market Road to Bend Aggregate & Paving and Construction of Brookswood Boulevard to R. L. Coates. Larry Rice explained the bids were higher than anticipated. He reported R. L. Coates was the low bidder on the Brookswood MINUTES PAGE 3 JULY 7, 1993 6. 0128-0036 Boulevard job and Bend Aggregate & Paving was the low bidder for paving Butler Market Road. SCHLANGEN: I move award of paving contract for Butler Market Road to Bend Aggregate and the construction contract for Brookswood Boulevard to R. L. Coates. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES EXTENSION OF INTERGOVERNMENTAL AGREEMENT FOR COMMUNITY CORRECTIONS. ADULT DIVISION Before the Board was an extension of the Intergovernmental Agreement for Community Corrections, Adult Division. SLAUGHTER: I move approval of the extension of the Intergovernmental Agreement for Community Corrections, Adult Division. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 7. RENEWAL OF EXISTING CONTRACT WITH CENTRAL & EASTERN OREGON JUVENILE JUSTICE CONSORTIUM TO PROVIDE RESIDENTIAL SEX OFFENDER TREATMENT Before the Board was the renewal of the existing contract with Central & Eastern Oregon Juvenile Justice Consortium to provide residential sex offender treatment. SCHLANGEN: I move approval of renewal of existing contract. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 8. SIGNATURE OF PARTITION PLAT FILE MP -91-58 FOR JOSEPH AND WANITA PAIVA Before the Board for signature was a partition plat file MP - 91 -58 for Joseph and Wanita Paiva. MINUTES PAGE 4 JULY 7, 1993 0128-003'7 SCHLANGEN: I move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 9. SIGNATURE OF LIQUOR LICENSE RENEWAL FOR A & B MEAT MARKET Before the Board was signature of a liquor license renewal application for A & B Meat Market. SLAUGHTER: I move signature of liquor license renewal for A & B Meat Market. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 10. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was consideration of approval of the weekly accounts payable vouchers in the amount of $175,860.49. SCHLANGEN: I move approval upon review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 11. SIGNATURE OF MYLAR FOR RIVER RIDGE TWO, CONDOMINIUMS, STAGE B, MOUNT BACHELOR VILLAGE Before the Board was signature of a mylar for River Ridge Two, Condominiums, Stage B, Mount Bachelor Village. SCHLANGEN: I move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 5 JULY 7, 1993 0128-0038 12. SIGNATURE OF CONSERVATION EASEMENT FOR HANS AND URSULA BIEDRITZY FOR PROPERTY ADJACENT TO THE DESCHUTES RIVER ON WOOD DUCK DRIVE Before the Board was signature of a conservation easement for Hans and Ursula Biedritzy for property adjacent to the Deschutes River on Wood Duck Drive. SCHLANGEN: SLAUGHTER: VOTE: I move signature. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 13. SIGNATURE OF BENEFICIARY'S REQUEST AND AUTHORIZATION TO TRUSTEE TO FORECLOSE TRUST DEED REGARDING OREGON PACIFIC INDUSTRIES Before the Board was signature of a beneficiary's request and authorization to trustee to foreclose trust deed regarding Oregon Pacific Industries. SCHLANGEN: I move signature of beneficiary's request and authorization to trustee to foreclose trust deed regarding Oregon Pacific Industries, subject to review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 14. APPOINTMENT OF SUCCESSOR TRUSTEE REGARDING TRUST DEED WITH OREGON PACIFIC INDUSTRIES Before the Board was the appointment of a successor trustee regarding a trust deed with Oregon Pacific Industries. SCHLANGEN: I move appointment of successor trustee regarding the trust deed with Oregon Pacific Industries upon review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 6 JULY 7, 1993 0128-0039 15. SIGNATURE OF LIQUOR LICENSE RENEWAL FOR RIVERWOODS COUNTRY STORE Before the Board was signature of a liquor license renewal application for Riverwoods Country Store. SLAUGHTER: I move approval of liquor license renewal for Riverwoods Country Store. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 16. SIGNATURE OF INDEMNITY AGREEMENT WITH FRIENDS OF THE CASCADE CYCLING CLASSIC BICYCLING RACE ON JULY 14-18, 1993 Before the Board was signature of an Indemnity Agreement with Friends of the Cascade Cycling Classic Bicycling Race on July 14-18, 1993. Sue Hillis -Land invited the Board to attend the opening ceremonies of the bicycling classic on Wednesday, July 14, at 4:45 p.m. on O.B. Riley Road. SCHLANGEN: I move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 17. SIGNATURE OF RESOLUTION NO. 93-069, ESTABLISHING LAPINE INDUSTRIAL PARK FUND Before the Board was signature of Resolution No. 93-069, establishing LaPine Industrial Park Fund. SLAUGHTER: I move signature of Resolution No. 93-069. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 18. PUBLIC HEARING: CONSIDERATION OF PLAN AMENDMENT AND ZONE CHANGE AT DESCHUTES JUNCTION FOR HARRY AND BEVERLY FAGEN, FILES PA -93-8, ZC-92-3, A-93-7 INCLUDING APPEAL OF DENIAL OF ZC-92-3 MINUTES PAGE 7 JULY 7, 1993 0128-0040 Kevin Harrison reported receiving a letter from the applicant's attorney requesting a continuance on this application. They would like to schedule this for September 15, 1993 at the regularly scheduled board meeting. Chair Throop opened the public hearing. The public hearing was continued to 11:00 a.m. on September 15, 1993. RECESS UNTIL 3:30 P.M. RECONVENED AT 3:42 P.M. IN THE SMALL CONFERENCE ROOM 19. DECLARE THE RESULTS OF THE 9-1-1 ELECTION Before the Board was Order No. 93-163 declaring the results of the 9-1-1 election held on June 29, 1993. Bruce White reported there were 11,762 "yes" votes and 9,382 "no" votes. SCHLANGEN: I move signature of Order No. 93-163, declaring the results of the 9-1-1 election. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this day of C Board of Commissioners of Deschut AT ST: Recording Secretary , 1993, by the ty, Oregon. rhair rsarry n. aiaugnzer, k.U11Ull1.551U1Lt:.L MINUTES PAGE 8 JULY 7, 1993