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1994-10680-Minutes for Meeting November 24,1993 Recorded 3/15/199494-10680 0129-0056 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONER§4M{}8•24 November 24, 1993 _ L Chair Tom Throop called the meeting to order at 10:02 a.m. Board of Commissioners in attendance were Tom Throop, Nancy Pope Schlangen, and Barry Slaughter. Also in attendance were Rick Isham, Legal Counsel; Stacy Warren, Planner; Sue Stoneman, Support Services Manager; Mike Maier, County Administrator; Larry Rice, Public Works Director; George Read, Planning Director; Mike Viegas, Risk Manager, and Dave Leslie, Planner. 1. CONSENT AGENDA Consent agenda items before the Board of Commissioners were 1) approval of out-of-state travel for Health and Mental Health staff to attend Perinatal Substance Abuse Training; 2) signature of Children's Services Division Agreement for Juvenile Department; 3) signature of MJP-92-11 creating three parcels in an MUA-10 Zone for Martin Tangemann and David & Linda West; 4) signature of mylar for Broken Top, Phase I -F, for 4 -lots; 5) signature of mylar for TP -93-811 to create a fourth nonfarm parcel from a parent 170 acre parcel in the EFU/AL Zone; 6) signature of mylar for a nonfarm division of land to create two 20 -acre parcels in the EFU-TRB Zone; 7) signature of liquor license application for Terrebonne Dinner House; 8) approval of out-of-state travel to NAPARE Conference in Chicago for Donna Coe; 9) signature of Resolution No. 93- 110, amending the Community Development Department Fee Schedule to add new fees; 10) signature of subdivision plat for Bill Reed for property located along Highway 20 between Fryrear and Innes Market Roads; 11) signature of Order No. 93- 233, assigning the name of Lance Road; 12) signature of mylar for Valhalla Heights, Phase V; 13) appointment of Tom Wykes to Your Community 1000 Transportation Committee; and 14 ) approval of request for OSU Extension Offices to be closed the Friday after Thanksgiving. SCHLANGEN: I move we approve consent agenda items 1-14. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. SIGNATURE OF PERSONAL SERVICES CONTRACT WITH HOLMES, HURLEY, BRYANT, LOVLIEN & LYNCH Before the Board was signature of a personal services contract with Holmes, Hurley, Bryant, Lovlien & Lynch for legal f4,; 1b 199 3. 0129-0057 services required by the Department of Public Works in matters pertaining to the County's Solid Waste Management Program. SCHLANGEN: I would like to move forward with the personal services contract. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PUBLIC HEARING ON DRAFT ORDER OF NOTICE OF INTENT NOT TO RENEW SOLID WASTE FRANCHISES AND LICENSES Before the Board was a public hearing on a draft order of notice of intent not to renew solid waster franchises and licenses. Commissioner Schlangen stated she did not feel prepared at this time to go forward with this issue. She felt there were too many unanswered questions. She would like to see the Solid Waste Study completed, have public hearings, and meet with the franchisers to discuss what the possibilities were before she would be prepared to make a decision. She stated she would abstain from voting if the public hearing was held today and a vote was required. Commissioner Throop felt there had not been sufficient engagement with the public on this issue. He felt the study needed to be completed and a proposal on the process needed to be put together. He felt public hearing should be held in all of the communities in Deschutes County and then a decision could be made. Commissioner Slaughter stated that he did not agree. He felt the decision could be made today on whether or not the franchises should be renewed. He felt the solid waste situation could be handled as part of the study and that these were two separate issues. The franchised haulers have been to meetings two or three times and he felt like the decision should not be delayed. Commissioner Throop stated his understanding was that the only reason a decision needed to be made by the end of November was if the Board wished to terminate the agreement with the franchised haulers. No action or decision today means that those franchises automatically continue for another seven year period. Commissioner Slaughter felt the franchising of the haulers needed to be approved today for another seven years. MINUTES PAGE 2 NOVEMBER 24, 1993 0129-0058 Commissioner Schlangen stated that if no action was taken, the agreement was automatically renewed. Larry Rice reported the final drafts of Regional Disposal Study and the Knott Landfill Closure Study would be available in the middle of January. The meeting on January 25, 1994 will be to talk about what the Board wants to do post -study. Larry stated the first round of public information meetings were not well attended. He felt the Solid Waste Advisory Committee should be involved in the public information meetings. Commissioner Throop summarized by saying the SWAC would conduct public information meetings and then formulate recommendations to the Board. The Board would then take that recommendation out to public hearings to get the feedback from the public prior to making a decision. Commissioner Throop asked that staff put together a specific proposal for the process that is needed to go through to formulate a package to take to the public, make recommendations on how those public meetings should be conducted, put together a time line on when those meetings, public hearings and decision would be made. He asked that staff also make recommendations on the kind of support they will need to complete this package and carry forward with this process. Commissioner Throop requested Larry Rice give the Board a time line recommendation on how to resolve the Knott Landfill issue at the Board meeting on December 1. He also requested Larry Rice to present the draft proposal on the resolution of the long range transition comprehensive issues at the December 15 Board meeting. Kris Reese encouraged the Board to accept other consultants and other information from different perspectives other than what the County has. She felt it was important to involve the public There was no public hearing held. 4. SIGNATURE OF ORDINANCE NO. 93-062, ADOPTING THE PROVISIONS OF ORS 307.515 TO 307.523 ADOPTING STATE OF OREGON TAX EXEMPTION PROVISIONS FOR RENTALS SERVING LOW INCOME PERSONS AND RESOLUTION NO. 93-109, ADOPTING STANDARDS AND GUIDELINES FOR PROCESSING APPLICATIONS FOR NEW LOW-INCOME RENTAL HOUSING LOCAL PROPERTY TAX EXEMPTION Before the Board was signature of Ordinance No. 93-062, adopting the provisions of ORS 307.515 to 307.523 adopting the MINUTES PAGE 3 NOVEMBER 24, 1993 5. 0129-0059 State of Oregon tax exemption provisions for rentals serving low incomes persons and Resolution No. 93-109, adopting standards and guidelines for processing applications for new low-income rental housing local property tax exemption. SLAUGHTER: I move first and second reading of Ordinance No. 93-062, by title only. THROOP: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Acting Chair Schlangen performed the first and second reading of Ordinance No. 93-062. THROOP: I'll move adoption. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SCHLANGEN: I move signature of Resolution No. 93-109. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DECISION ON MP -92-60 AND CU -92-204 FOR _BIG FALLS RANCH COMPANY Before the Board was a decision on MP -92-60 and CU -92-204 for Big Falls Ranch Company. Commissioner Throop stated he supported the applicant and the staff recommendation. Commissioner Schlangen felt there was access to a public road which was required. She felt it met with the letter of the law. THROOP: I move that we concur with the Hearings Officer's decision on all of the elements except for the element that was subject to the appeal which were conditions #5 and #6 of the Hearings Officer's decision dated August 16, 1993. The Commissioners requested staff to MINUTES PAGE 4 NOVEMBER 24, 1993 6. 0129-0060 present a decision document that reflects the discussion and decision of. the Board. SCHLANGEN: I'll second that motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PUBLIC HEARING ON APPEAL OF THE HEARINGS OFFICER'S DENIAL OF TP -93-815 AND CU -93-86 BY PATRICK GISLER Before the Board was a public hearing on the Hearings Officer's denial of TP -93-815 and CU -93-86 by Patrick Gisler. Stacy Warren reported Patrick Gisler was appealing the Hearings Officer's decision to deny 142 -lot subdivision and 76 multi -family units. The staff recommended approval of the applicants request. The Hearings Officer denied this request due to insufficient evidence to demonstrate the proposed subdivision would be served by an approved community municipal or public water system and an improved community or public sewage system. Stacy Warren reported receiving written testimony from Elaine Seed in opposition of the extension of Preble Way. Commissioner Slaughter asked for information on the roads adjacent to the proposed subdivision. Stacy Warren reported the capacity of the roads adjacent to the subdivision appears to be adequate. She reported there were questions raised regarding the intersection of Highway 97 and Finlay Butte as well as Finlay Butte and Huntington Road. George Read reported this was the first development that is in one of the rural service center that approached the maximum density allowed in a rural service center. Rural service centers allow 1 -acre minimum lot sizes with septic tanks and wells. If a public water and/or a public community sewer system, the lots can be 15,000 square feet, but if you have both public water and sewer the density can be 51000 square feet per lot. The water system issue was one of the reasons for the denial since there is no community water system in La Pine. The ordinance requires an approved water system prior to approval. George Read felt this application was a big policy question. Chair Tom Throop opened the public hearing. Dan Van Vactor, representative of applicant Patrick Gisler, provided a copy of all the documents to each Commissioner. He reported there was a letter from the La Pine Special Sewer MINUTES PAGE 5 NOVEMBER 24, 1993 01�'0-0061 District included in the packet which stated the Gisler property would be annexed into the sewer district. He reported the applicant would meet whatever requirements there were to become part of the La Pine Sewer District. Dan Van Vactor felt the issue involving water was a new issue. In La Pine there is no public facility. There is a proposal from the applicant to provide a private facility which would possibly grow into a public facility. Bill Tye, Engineer for Tye Engineering, testified in support of this application. He reported a well would provide 200 gallons of water per minute which would be equal to 1 gallon per minute per lot to meet the daily demand. There would also be concrete reservoirs storing 120,000 gallons and 400 gallon per minute booster station to deliver a supply of water throughout the project for domestic use. There would be two additional wells to provide for fire flows. Chair Throop asked if this system would be put in at the beginning stages of the development of the subdivision. Bill Tye reported this would be constructed and completed prior to final plat approval. Patrick Gisler reported that in order to build the first house, the fire flow has to be in place. He also reported they would build the water lines only as the houses were being built. Dan Van Vactor read a letter from Bill Tye and submitted it for the record. Commissioner Schlangen asked if the sewer district would approve annexation of the subdivision. Bill Tye reported the sewer was designed for an additional 50% capacity over the existing community at the time it was built. Corrine Martinez, representing the LaPine Disposal, testified in support of the subdivision. She said LaPine Disposal would be glad to provide recycling for the new subdivision. Jim Newton, representing property owners on Preble Way, testified in opposition and submitted a petition signed by property owners on that road. He was requesting the money back which was paid for the Local Improvement District. Commissioner Throop asked if Mr. Newton had any idea where the reimbursement might come from. Mr. Newton did not know where the money should come from. He felt that it was unfair that he should be paying for something that would be opened up to the public. MINUTES PAGE 6 NOVEMBER 24, 1993 0129_0 Commissioner Slaughter asked if there was any provision forgive the remainder of Mr. Newton's obligation to the Local Improvement District. Rick Isham responded that he was unaware of any law requiring that. Chair Throop closed the public hearing. The Board of Commissioners will make a decision on December 1, 1993. 7. APPROVAL OF WEEKLY ACCOUNTS PAYABLE Before the Board was approval of weekly accounts payable vouchers in the amount of $323,172.12. SCHLANGEN: I move approval upon review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 8. SIGNATURE OF COMMUNITY TRANSPORTATION CAPITAL GRANT AGREEMENT Before the Board was signature of a Community Transportation Capital Grant Agreement. SCHLANGEN: I move signature of Community Transportation Capital Grant Agreement. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 9. SIGNATURE OF ACCEPTANCE OF A WARRANTY DEED FOR RIGHT-OF-WAY ACQUISITION ON BROOKSWOOD BOULEVARD Before the Board was signature of an acceptance of a warranty deed for right-of-way acquisition on Brookswood Boulevard. SCHLANGEN: I move acceptance of warranty deed. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 7 NOVEMBER 24, 1993 0129-0663 10. SIGNATURE OF CONSERVATION EASEMENT FOR DONNA WILKERSON FOR PROPERTY ADJACENT TO THE DESCHUTES RIVER ON BEAVER DRIVE Before the Board was signature of a conservation easement for Donna Wilkerson for property adjacent to the Deschutes River on Beaver Drive. SCHLANGEN: I move signature of conservation easement. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 11. APPOINTMENT OF RABERN PRANTE TO THE LOCAL ALCOHOL & DRUG PLANNING COMMITTEE Before the Board was appointment of Rabern Prante to the Local Alcohol & Drug Planning Committee. SCHLANGEN: I move appointment. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THRO1O-P : YES DATED this day of , 1993, by the Board of Commissioners of Deschut s County, Oregon. ATT T: Recording Secretary Z*w Toi lrhroopj Chair Nahcy Popp Scl*angeri, Commiss:[oner AV Barry H. Slaughte , Commissioner MINUTES PAGE 8 NOVEMBER 24, 1993