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1995-22957-Minutes for Meeting May 24,1995 Recorded 6/30/199595-22957 MINUTES 0147-C CMO DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, May 24, 1995 Chair Barry Slaughter called the meeting to order at 10:02 a.m. Board of County Commissioners present were Barry H. Slaughter, Nancy Pope Schlangen, and Robert L. Nipper. Also in attendance were Mike Maier, County Administrator; Rick Isham, County Counsel; Dale Van Valkenburg, Planner; Susan Mayea, Support Services Manager; Sue Stoneman, Community Relations Specialist; Ruth Douglass, Library; Bruce White, Assistant County Counsel; and Dave Leslie, Planner. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Right-of-way Dedication for Huntington Road/Coach Road connection; 2) signature of Resolution No. 95- 051, initiating the vacation of the alley in Block 26 in the Plat of Laidlaw, Engineer's Report, and signature of Order No. 95-064, accepting Engineer's Report and setting a date for a public hearing; 3) award of contract for removal of Cline Falls Bridge; 4) award of Contract for Construction of Locust Street Bridge; 5) business loan approval of Access Express; 6) signature of Declaration of Dedication from Bob Butler; 7) signature of Conditions of Approval Agreement for Eastside Gardens on 27th Street in Bend; 8) signature of Conditions of Approval for an industrial building on American Lane; 9) appointments of Deschutes County Investment Advisory Board; 10) signature of Final Plat for Sunpointe Phase I, a single family residential subdivision in an RS Zone on Eagle Road in Bend; and 11) signature of Liquor License for Sunriver Resort. NIPPER: I move for approval of the consent--d=aWda items 1-11. w SCHLANGEN: Second.T:t VOTE: SLAUGHTER: YES SCHLANGEN: YES771 NIPPER: YES 2. APPROVAL OF REQUEST FOR TAYLOR GRAZING FUNDS Before the Board was approval of a request for Taylor Grazing Funds. Parker Johnstone reported this was a request for $5,113.90 to install three cattle guards by Reith and Janet Nash. NIPPER: I will move for approval of the request of Taylor Grazing Funds in the unt of $5,113.90. Y�Y� ,,;�� J U 1995 ,JUL 0 6 1995 3. 4. 0147-057 SCHLANGEN: Second the motion. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES PUBLIC HEARING: ON RESOLUTION NO. 95-071, ADOPTING REGIONAL STRATEGY AND RECOMMENDING SUBMISSION TO OREGON ECONOMIC DEVELOPMENT COMMISSION AND GOVERNOR KITZHABER Before the Board was a public hearing on Resolution No. 95- 071, adopting Regional Strategy and recommending submission to Oregon Economic Development Commission and Governor Kitzhaber. Ric Mackay reported there were three key industries which were timber, software, and tourism. For the next two years the state has requested that a new action plan be established. It makes some adjustment in the goals and some redirection. He report that it does not establish projects. This plan does describes some potential projects which are nothing more than ideas. The expected allocation will be between $550,000 and $650,000 which was down from approximately $750,000 the previous year. Chair Slaughter opened the public hearing. There being no public testimony, the hearing was closed. SCHLANGEN: I move signature of Resolution No. 95-071. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SIGNATURE OF ORDINANCE NO. 95-008, AMENDING TITLE 2, PUBLIC LIBRARY BOARD OF TRUSTEES AND ADDING NEW SECTIONS, LIBRARY SERVICE DISTRICTS AND DISTRICT BOARDS Before the Board was signature of Ordinance No. 95-008, amending Title 2, Public Library Board of Trustees and adding new sections, library service districts and district boards. Ruth Douglass reported this ordinance was to amend the bylaws. SCHLANGEN: I would like to move first reading of Ordinance No. 95-008. NIPPER: I'll second that. MINUTES PAGE 2 MAY 24, 1995 01V -03J58 VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first reading of Ordinance No. 95-008, by title only. The second reading will be in two weeks. 5. BUSINESS LOAN APPROVAL FOR ROCKY MOUNTAIN BARBEQUE SAUCE COMPANY Before the Board was business loan approval for Rocky Mountain Barbeque Sauce Company. Susan Mayea reported this loan was out of Fund #1 in the amount of $200,000 for permanent and working capital. The product is currently being manufactured in Beaverton at Beaverton Foods. Since this was for working capital there will be a second on the building which was valued at $250,000, $35,000 equity on the equipment, we will have a first on the equipment which was about $75,000, and a second on the home of the main proprietor. There was also a first on the inventory and accounts payable. Susan reported this was a seven year loan. SCHLANGEN: I move that we accept the concept of the loan to Rocky Mountain Barbeque Company. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 6. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was the approval of the weekly accounts payable vouchers in the amount of $530,382.49. NIPPER: I move approval of the weekly accounts payable vouchers subject to review. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 3 MAY 24, 1995 0147-035�9 7. PUBLIC HEARING: ON A-95-8 AN APPEAL OF THE HEARINGS OFFICERS DECISION REGARDING BRIDGE CLEARANCE AT CROSSWATER Before the Board was a public hearing on A-95-8 an appeal of the Hearings Officer's decision regarding bridge clearance at Crosswater. Dave Leslie reported the applicant has submitted an appeal. There were two bridges in question which were bridges #3 and #4. Bridge #3 was the main bridge at Crosswater and #4 was downstream. The issue was how high the bridge needed to be above the high water mark. The applicant originally submitted 5 feet of clearance from the high water mark. Staff recommended 6 feet of clearance. Of the four bridges constructed two of them are fine but #3 and #4 had only 5 feet of clearance. It was recommended 5 1/2 ft of clearance as much as possible along the horizontal span across the river. The Hearings Officer recommended 5 1/2 uniformly across the span. Chair Slaughter opened the public hearing. Greg Lynch, representing the applicant, recommended the 5 foot level of clearance due to the cost of changing it would be prohibitive. David Bateman testified that the photos that were submitted were taken recently. There being no further testimony, the public hearing was closed. Chair Slaughter stated he did not see a problem with this bridge clearance. Commissioner Nipper stated he did not see a lot of problems with the 5 feet of clearance. He felt the Crosswater group should be required to put signs on the side of the bridge with speed limits posted. He felt it was okay was to overturn the hearings officer's decision. Commissioner Schlangen felt the criteria has been met. She stated that possibly 5 1/2 to 6 feet would have been better, but felt the 5 foot clearance would be fine. Commissioner Slaughter felt the planning department should be more thorough in approving these kinds of applications in the future. Commissioner Schlangen felt it would be good to check with the Marine Board as to whether the signs should refer to height of the clearance rather than speed limits. MINUTES PAGE 4 MAY 24, 1995 0147- Ct' 60 SCHLANGEN: I move modification to the hearings officers height decision to read 5 feet and signage, on approval by Marine Board, regarding height of the bridge and speed allowed by boats. NIPPER: I'll second the motion. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 8. SIGNATURE OF MYLAR FOR OAK TREE, PHASE II Before the Board was signature of a mylar for Oak Tree, Phase II. SCHLANGEN: I move signature of mylar. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 9. SIGNATURE OF MYLAR FOR STONEBROOK, PHASE II Before the Board was signature of a mylar for Stonebrook, Phase II. SCHLANGEN: I move signature of mylar. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 10. SIGNATURE OF LIQUOR LICENSE FOR CINCO DE MAYO Before the Board was signature of a liquor license for Cinco De Mayo. NIPPER: I move signature. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 5 MAY 24, 1995 DATED this o� day of , 1995, by the Board of Commissioners of Deschutes douidty, Oregon. Barry H. Slaught r, Chairman AT T: Recording SecretAry MINUTES PAGE 6 MAY 24, 1995