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1995-04640-Minutes for Meeting October 05,1994 Recorded 1/26/1995V 95-04CID 0138-0194 94 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, October 5, 1994 c Chair Nancy Pope Schlangen called the meeting to order. at a.m. Board of County Commissioners in attendance were Nancy Pope Schlangen, Tom Throop, and Barry H. Slaughter. Also in attendance were Bruce White, Assistant County Counsel; Mike Maier, County Administrator; Kevin Harrison, Planner; Greg Brown, Sheriff's Department; Jeff Kern, Surveyor; Paul Blikstad, Planner; Dennis Morris, Public Works Department; Sue Stoneman, Public Relations Specialist II, Dick Johnson, Road Department; Gary Judd, Road Department; George Read, Community Development Director; and Damian Syrnyk, Planner. Presentation of Special Award to Tom Throop from Oregon Department of Fish & Wildlife. CONVENE AS GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT 1. SIGNATURE OF LEASE PURCHASE AGREEMENT WITH MOTOROLA FOR RADIO EQUIPMENT Before the Board was signature of Lease/Purchase Agreement with Motorola for radio equipment. Rick Isham requested the Board approve it subject to review. THROOP: I'll move signature of lease/purchase agreement with Motorola. SLAUGHTER: I will second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS 2. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were 1) Award of dump truck contract to John Lucas Truck & Equipment; 2) signature of La Pine Industrial Park CC&R's for lots 3 & 4; and 3) approval of the sale of property in La Pine Industrial Park to La Pine Pet Bed & Bath. THROOP: I'll move approval of the three consent agenda items. SLAUGHTER: I'll second that. tY11CROfELMED MAR b�� 3. -0138-0 95 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF RESOLUTION NO. 94-104, RECOGNIZING THE SERVICE AND COMMITMENT TO THE PUBLIC'S SAFETY OF GENE GOFF AND JIM WHITNEY Greg Brown requested the Board sign this resolution in recognition of the dedicated service of these two officers. He reported that Gene had twenty-six years in law enforcement with the Sheriff's Department and Jim had twenty-two years in law enforcement. Chair Schlangen read the resolution. THROOP: I'll move approval of the resolution. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 4. PUBLIC HEARING: ON LAND USE APPLICATION PA -94-3, ORDINANCE NO 94-045, AN APPLICATION TO AMEND THE BEND URBAN AREA GENERAL PLAN AND TRANSPORTATION BY RELOCATING AMERICAN LANE Before the Board was a public hearing on land use application PA -94-3, Ordinance No. 94-045, an application to amend the Bend Urban Area General Plan and Transportation by relocating American Lane. Paul Blikstad reported this ordinance was to realign the collector road between Brosterhous and Reed Market Roads. American Lane would be updated from a local road to a collector road. Public Works and Planning Department recommends the proposed change. He stated the City of Bend also concurs with the proposed change. Dick Johnson stated there were two additional alternatives that had been reviewed and rejected. This recommendation was made because this route cost less to build, it can be built in stages, no existing businesses on Reed Market would have to be relocated, the alignment utilizes existing right of way, it would eliminate the 90 degree curve on American Lane, provided a better place to intersect Reed Market Road, a better place to cross the COI canal, serves the existing land uses, requires only one bridge, eliminates two sharp turns that now exist on American Lane, only three properties are involved in obtaining property for the right of way, eliminates awkward intersection at American Loop and American Lane, no building MINUTES PAGE 2 OCTOBER 5, 1994 5. 0138-0196 or business structures must be obtained, and the existing bridge can remain open until the new bridge can be opened. Commissioner Slaughter asked if the height of the bridge had been taken into consideration. Dick Johnson stated they had considered that aspect. Chair Schlangen opened the public hearing. Lou Conter testified that there was a triangle that would be useless unless it was zoned commercial. Pete Pedone, representing 150 members of the Bend Trap Club, testified in support of this realignment. The Bend Trap Club has been in existence since 1913. The Trap Club hosts five to six shoots annually which he felt was a boost to the county. There being no further testimony, Chair Schlangen closed the public hearing. THROOP: First and second reading of Ordinance No. 94- 045, by title only. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Commissioner Schlangen performed the first and second reading of Ordinance No. 94-045, by title. THROOP: I move approval. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DECISION: ON JAN L. WARDS APPEAL OF THE HEARINGS OFFICER'S DECISION ON TP -94-824 Before the Board was a decision on Jan L. Ward's appeal of the Hearings Officer's decision on TP -94-824. Kevin Harrison stated that one of the questions that needed to be answered was whether St. Andrews was a separate Planned Unit Development or a part of the existing PUD. Staff felt it was part of the existing Planned Unit Development. He also felt the Board would need to decide if they were looking at a replat of an existing subdivision or amending a master plan MINUTES PAGE 3 OCTOBER 5, 1994 0138-011 for the Planned Unit Development at Mountain High. He stated staff had not been able to identify a master plan for this development which was a deficiency. It was staff's opinion that there was no way to go back and reconcile that difficulty. He stated requiring a master plan at this point was problematic because development has occurred, property has been sold and Mr. Ward was no longer in control of all the property within the Planned Unit Development. He felt the county would have to go forward in a similar pattern as it has in the past with individual applications and review of conditional use permits. The staff needs a complete picture of the proposed development and how it fits in with the existing development especially with regard to homeowner associations, internal road network, water and sewer systems. Staff recommends going ahead proceeding on this application on its merits and looking at the future developments on their merits but require the applicant to provide detailed information to address the proposal as to how it relates to the entire project. Kevin also stated the exceptions criteria were somewhat vague. He felt the burden of proof should get higher as there was greater deviation from the requirements, where conflicts have been identified, and where compatibility issues arise, such as solar access and density. The last issue had to do with traffic impacts. Staff said there was little information on the impact of the internal roads. The impacts on the external roads were negligible. The impact of this project on the existing treatment sewage plant was an issue. It was staff's position, based on a letter from DEQ, that we can condition in the approval to make sure that the system has adequate capacity to serve the proposed development. Chair Schlangen stated she would like to see the Board approve this. She did not wish to deny this request, but had concerns about the solar system and internal roads. She felt that a master plan for the additional portion of the planned unit development was a very good idea. She would like to condition the road capacity and place some sort of condition on the water. Commissioner Slaughter felt the County had not done a very good job on the Mountain High project. He felt the Planned Unit Development should have had a master plan some years ago. He felt the County could not asked for a master plan now because it was nearly done. He felt that this needed to be approved but the County needed to learn that this type of planning would not work. He felt the County should require the redesign of St. Andrews Village to accommodate the sun and require each dwelling unit to be designed in such a way that each can use solar energy to the fullest. MINUTES PAGE 4 OCTOBER 5, 1994 V 0138-0198 Commissioner Throop asked if there was any link to a master plan process in the future or if this would be voluntary on the part of the landowners. Bruce White stated a master plan could be built as the project progressed. We cannot require a master plan of the whole development at this point. Commissioner Throop stated he liked the concept of increased density. Kevin Harrison stated it was really a zero lot line question. Commissioner Throop asked if the internal roads were a problem as to being able to handle the additional traffic. Bruce White stated the Board needed to determine whether the project would satisfactorily take care of the additional traffic requirements. Commissioner Throop asked about the sewage system. Bruce White stated there was a letter from DEQ that the capacity can be sufficient. Commissioner Throop felt this application should be approved as long as the conditions were met. He stated he was prepared to approve this except for the conditions on the solar. Bruce White stated we would not want to approve lots that could not gain solar approval. The Board was subject to either approving or denying what was in front of them. SLAUGHTER: I move that we overturn the Hearings Officer's decision and approve this plat as presented. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES APPROVAL OF TRAINING REQUEST FOR FIVE EQUIPMENT OPERATORS TO ATTEND THE WINTER OPERATIONS WORKSHOP NOVEMBER 8-10, 1994 Before the Board was approval of a training request for five equipment operators to attend the Winter Operations Workshop November 8-10, 1994. Chair Schlangen asked if the training that was to be held in Bend was the same as the one offered in Portland. Dennis affirmed it was, but without the competition. Commissioner Throop asked how important the second phase was to the training. Dennis Morris felt it was important. Commissioner Throop asked if it was an annual event, and Dennis responded that it was held annually. He stated the employees get to compete in a skills competition which would be comparative to the attendance by Sheriff's Department, etc. at their training sessions. MINUTES PAGE 5 OCTOBER 5, 1994 7. 0138-0100 Commissioner Slaughter had a problem with this request. He said that he was willing to do it this year, but would not approve it in the future. He felt the money should be spent on roads in Deschutes County. Dennis felt the staff had tried to keep the expenses as low as possible. The conference in Bend would cost $115 per attendee and the conference in Portland would cost $95 per day per attendee. Commissioner Throop felt it was important training and beneficial to the employees by creating efficiency and saving dollars in the long term. THROOP: I would move approval of the training request for Public Works. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF RESOLUTIONS NO. 94-100, 94-101, AND 94-102, APPROVAL OF NO PARKING ZONES ON BUTLER MARKET ROAD, HAMBY ROAD, AND SWALLEY ROAD Before the Board was signature of Resolution No. 94-100, 94- 101, and 94-102, approval of No Parking Zones on Butler Market Road, Hamby Road, and Swalley Road. THROOP: I would move signature of the three resolutions. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES ADOPTION OF ORDINANCE NO. 94-037 AND 94-038, TEXT AMENDMENTS TO THE FOREST LAND SECTION OF THE COMPREHENSIVE PLAN AND FOREST ZONES Before the Board was adoption of Ordinance No. 94-037 and 94- 038, Text amendments to the Forest Land Section of the Comprehensive Plan and Forest Zones. THROOP: SLAUGHTER: I'll move first and second reading, by title only, of Ordinance No. 94-037. I'll second that. MINUTES PAGE 6 OCTOBER 5, 1994 0138-0200 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Schlangen performed the first and second reading of Ordinance No. 94-037. THROOP: I'll move adoption. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES THROOP: I'll move first and second reading of Ordinance No. 94-038, by title only. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Chair Schlangen performed the first and second reading of Ordinance No. 94-038. SLAUGHTER: I move approval. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 9. APPROVAL OF CONTRACT WITH EAST CASCADE SECURITY FOR ALARM SERVICES IN THE AMOUNT OF $319 PER YEAR Before the Board was approval of a contract with East Cascade Security for alarm services for the Data Processing Department in the amount of $319 per year. THROOP: I'll move signature of the contract. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 7 OCTOBER 5, 1994 10 . 11. 12. 13. 0138-0201 APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF $1,308,386.40 Before the Board was approval of the weekly accounts payable vouchers in the amount of $1,308,386.40. SLAUGHTER: I'll move approval subject to review. THROOP: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF LEASE ASSIGNMENT TO THE HUMANE SOCIETY OF REDMOND OF LEASE AGREEMENT FOR LAND WITH THE CITY OF REDMOND Before the Board was signature of a lease assignment to the Humane Society of Redmond of Lease Agreement for land with the City of Redmond. THROOP: I'll move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF MYLAR FOR ROYAL YEOMAN IN THE CITY OF BEND Before the Board was signature of a mylar for Royal Yeoman in the City of Bend. SLAUGHTER: I'll move signature on mylar. THROOP: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES APPOINTMENT OF JIM KRESS TO THE DESCHUTES COUNTY HISTORICAL LANDMARKS COMMISSION Before the Board was appointment of Jim Kress to the Deschutes County Historical Landmarks Commission. MINUTES PAGE 8 OCTOBER 5, 1994 0138-0202 THROOP: I'll move appointment. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this day of U'C6' � , 1994, by the Board of Commissioners of Des/6hutes County, Oregon. AT T: Recording Secretary Nancy Pope S�hlii b Tgen, Chair Tom Throop, Commissioner -/ M (CMAI hk Barry H. Slaughter, Commissioner MINUTES PAGE 9 OCTOBER 5, 1994