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1994-10677-Minutes for Meeting December 08,1993 Recorded 3/15/199494-10677 0129-0442 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERSiFi:` December 8, 1993 Chair Throop called the meeting to order at 10:07 a.m. Board of Commissioners in attendance were Tom Throop, Nancy Pope Schlangen, and Barry Slaughter. Also in attendance were Rick Isham, County Counsel; Al Johnson, Attorney; Frank Moore, Mental Health Department Director; Julie Dotson, Mental Health Program Manager; Mike Maier, County Administrator; Sue Stoneman, Program Manager; George Read, Planning Director; Kevin Harrison, Planner; Bruce White, Assistant Legal Counsel; and Brian Harrington, Planner. 1. CONSENT AGENDA: Consent agenda items before the Board of Commissioners were 1) signature of Intergovernmental Agreement with the City of Redmond for limited engineering services; 2) signature of Intergovernmental Agreement between Deschutes County and State Department of Corrections; 3) signature of a conservation easement for Nicholas & Mary Andrews; and 4) signature of Intergovernmental Agreement between Deschutes County and Mental Health and Bend/LaPine School District. SCHLANGEN: I move approval of consent agenda items 1-4. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. REVIEW OF DRAFT FINDINGS, DECISION AND ORDER OF SUNRIVER INCORPORATION Rick Isham, County Counsel, reported that on December 15, 1993, the Board will consider the adoption of the order which provides for the election for the incorporation and notice of the first elected city council for Sunriver. Al Johnson, Attorney, reviewed his memo of December 7, 1993. He reviewed a set of objections to the findings and proposed alternative findings from Mr. Russell, who is counsel for the Homeowners Association. Al Johnson reported that he had also received a set of objections from Mr. Martin. Al Johnson felt the Board needed to determine whether they believe there is a reasonable likelihood that the new city, if it was incorporated, could apply the goals. Commissioner Throop felt that there was a reasonable likelihood that the new city could meet the statewide planning goals but it would take a considerable amount of effort and finan ia1 resources 1994 3. 4. 0129-0043 to be able to accomplish that. He reported the Board also found that if the entire tax base was levied a city may be able to function but it would be unrealistic to believe that the city could function absent the entire tax base being funded. Al Johnson reviewed the proposed findings with the Board of Commissioners. SCHLANGEN: I move approval of the findings as submitted by the petitioners with the changes recommended by legal counsel to be put in final form for final review and adoption next week. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES APPROVAL OF PROGRAM SUPERVISION WITHIN MENTAL HEALTH SERVICES Before the Board was consideration of a program supervision proposal within Mental Health Services. Frank Moore reported there was a need to add an Adult Mental Health Program Manager. SCHLANGEN: I move approval of program supervision with the Mental Health Services for a new Adult Supervisor. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PUBLIC HEARING: ON PORT OF LA PINE FORMATION Before the Board was a public hearing on the Port of La Pine formation. Becky Lu Brown reported the public hearing was a requirement as part of the formation process. The petition has been successfully completed with 538 signatures and submitted to Rick Isham for review. The feasibility study submitted in July includes a description of the services proposed and the operating budget. Commissioner Throop stated the Board was very enthusiastic and supportive of this proposal. He felt the formation of the port district in La Pine would give La Pine the vehicle for local control, a mechanism to generate a single voice from La MINUTES PAGE 2 DECEMBER 8, 1993 0129-0044 Pine on important public policy issues and opportunity to provide better management for the industrial park. Chair Throop opened the public hearing. Ernie Poole, 53196 Bridge Drive, La Pine, testified in opposition of the formation of the Port of La Pine as he did not want to pay any more taxes. He expressed concern as to the boundaries of the Port District. He also submitted written comments to the Board. Darwin Thurston testified in support of the Port of La Pine formation. He asked that the Board of Commissioners go forth with putting this issue on the ballot. Commissioner Schlangen stated the Board of Commissioners were here to help the local community. There is an application from them to form a port district and the Boards job is to put it before the voters so that the community can decide their own fate and what control they want. There being no further testimony, Chair Throop closed the public hearing. The Board of Commissioners will discuss this issue further during the work session on December 13, and the decision will be made on December 15, 1993. The record will remain open to accept written testimony until 9:00 a.m. on Monday, December 13, 1993. 5. CONSIDERATION OF SYSTEM DEVELOPMENT CHARGES FOR PARRS Before the Board was consideration of system development charges for parks. George Read reported this process began approximately two and a half years ago when the city undertook a study and hired a consultant to look into charging money for parks as part of development. The study was adopted by the city as part of the urban area development program. Bruce White reported there were two major issues to be dealt with. One issue was the credits issue and the other was the coordination with parks. Bruce discussed timelines and concerns expressed by data processing and the coordinated services of the Community Development Department. He felt a system where the money could be tracked was important. He wanted to be able to prove to someone who has paid a system development charge that it actually went to parks and not into the general fund. Bruce White also reviewed issues raised by COBA along with his responses. MINUTES PAGE 3 DECEMBER 8, 1993 0129-0045 George Read felt the system development charges should be implemented as quickly as possible. Commissioner Throop felt it was important to reiterate the philosophy and sense from the public that they do have an expectation that growth should participate more in paying its own way. Commissioner Throop felt the City may want to reconsider their position on the issue of the credits. He thought the credit should apply to the amount of money that has been paid and lots that have not developed or received building permits should not be exempted altogether because an 8% has been approved in the decision document. He would like to see the Board adopt a decision that mirrors the City's position. He felt it would be appropriate to authorize a letter to go to the City requesting that after the first of the year the City and County jointly reconsider the issue of the credits. Commissioner Throop stated he was comfortable with the staff recommendations regarding the transition and the monthly disbursal. He stated that he will concur with the boundaries. Commissioner Schlangen felt the County should follow the City and adopt. She would like to include affordable housing. She felt the County should only be a pass-through agency. Commissioner Slaughter stated that he agreed with Commissioners Schlangen and Throop. He felt the County should mirror the City as closely as possible. He stated he would like to see some system that would tell where the money goes and build the parks in the area from which the money came. Bruce White discussed exhibit 4 which sets out the proposed projects that would be funded through system development charges. Commissioner Throop asked if there was system in place that would provide for the money collected in a certain area to be spent on projects in that area. John Simpson, Bend Metro Parks & Recreation, reported they are locked in to the methodology that has been proposed and adopted as compliance with the system development charges process. Mike Maier, County Administrator, proposed putting this system in place on January 1, 1994, to allow time for the Data Processing Department to get it on-line. THROOP: I move that the County concur in the City credits language but express reservations in MINUTES PAGE 4 DECEMBER 8, 1993 0129-0046 that policy and include that in a letter to the City asking for a joint reconsideration of some issues that we did not have the opportunity to consider with the City because we did not take on these policy questions jointly, we support the recommendation on the governance question include in the documents, mirror the City in 100% system development charges, that we take the staff recommendation on boundaries, timing effective January 1, 1994, with the understanding that this will become the highest priority, that the Senate Bill 122 provision is not applicable because the process pre -dated the effective date of that statute, and there was no written request prior to the initial hearing which would have served as the trigger, and that the County send a letter to the City requesting an opportunity to reconsider credits, the review process and affordable housing. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 6. CONTINUED PUBLIC HEARING: ON PLAN AMENDMENT AND ZONE CHANGE AT DESCHUTES JUNCTION FOR THE FAGENS Before the Board was a continued public hearing on a plan amendment and zone change request by the Fagens. Kevin Harrison reported the application was originally heard by the Board on October 27, 1993. This application was continued in order to allow the applicant to submit additional information and testimony into the record. The written information was submitted to the Planning Department on December 1, 1993, and it was a fourteen page supplemental burden of proof statement. Kevin reviewed the deficiencies the Hearings Officer felt the applicant failed to address in the original application. Staff recommended the application be denied and the findings of the Hearings Officer be modified to reflect the applicants new arguments with respect to the exception of goal #14 and the reduced size of the amended area. Chair Throop opened the public hearing. Bob Lovlien, attorney for the applicant, reported they did submit additional information. He felt there was a difference of opinion about whether or not the applicant sufficiently MINUTES PAGE 5 DECEMBER 8, 1993 7. 9M 0129-004'7 addressed the issues. He then reviewed the history of this application. He felt the neighborhood to be served by the proposed site was on the west side of the highway and would not attract traffic from the east side. Chair Throop asked if the property transferred to the Fagens prior to a portion of the property being sold to the Department of Transportation. Bob Lovlien said it was transferred prior. Chair Throop asked if there is only .6 acres left out of the 2.5 acres, why they didn't insist on having the entire RSC purchased at a fair market value and hold themselves whole. Bob Lovlien reported the Fagens thought at that time there was 1.44 acres of RSC land. Gene Carsey, owner of Buffet Flats Funny Farm, provided a map showing the rural area at Deschutes Junction. He testified in support of this application. There have been many uses at the proposed site and there are many businesses in this area at the present time. (See attached written testimony). Mark DeVoney, State Department of Transportation, testified in opposition of this application. He provided a copy of written testimony to be submitted into the record. He felt there would be increased hazardous traffic conditions if this application was allowed. Warren Neihart testified in support of the application. Chair Throop closed the public hearing. The Board will leave the record open until Wednesday, December 15, 1993, at 4:30 p.m. to accept written testimony. The decision will be made on Wednesday, December 22, 1993, during the regular board meeting. SIGNATURE OF ORDER NO. 93-217, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 93-217, authorizing the refund of taxes. SCHLANGEN: I move signature of Order No. 93-217, authorizing the refund of taxes. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $391,720.19. MINUTES PAGE 6 DECEMBER 8, 1993 SCHLANGEN: I move approval upon review. 0129-0048 SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 9. APPOINTMENT OF SUSAN BORGESEN TO THE VANDEVERT ACRES SPECIAL ROAD DISTRICT BOARD OF DIRECTORS Before the Board was appointment of Susan Borgesen to the Vandevert Acres Special Road District Board of Directors. SCHLANGEN: I move appointment. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this FA day of J& Board of Commissioners of Deschut , 1993, by the County, Oregon. To�opj Chair d ancy Po a Sc Tangen, Commi ion r AT ST: Recording Secretary Barry H. Slaughter, Commissioner MINUTES PAGE 7 DECEMBER 8, 1993