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1986-03170-Minutes for Meeting January 29,1986 Recorded 2/14/198686- 3170 r,- v�' 0 FACE 865 aB1.1:_ DESCHUTES COUNTY BOARD OF COMMISSIONERS JANUARY 29, 1986 15 FEB 14 FM 37 38 Chairman Prante called the meeting to order at0 a.m. Commissioners Tuttle and Maudlin were in mtoor ,*EWO Isham, Legal Counsel was also present. COUNTY CL Amendments to Chairman Prante noted the amendments to the Agenda the agenda. Public Hearing Chairman Prante opened the Public Hearing Regarding the and possible adoptions of Ordinance No. 86 - Possible Adoption 001, Ordinance No. 86-002, Ordinance No. 86 - of Ordinance No. 003, and Ordinance No. 86-004. 86-001, Re -adopt- ing Ordinance No. Craig Smith, Director of Planning, stated 85-041, Amending these are ordinances re -adopting ordinances Ordinance PL -20; that were adopted in December, 1985. Public Hearing Mr. Smith noted that the reason for re-adop- Regarding the tion is to expedite the notice procedures Possible Adop- for inclusion in acknowledgment proposals tion of Ordinance to LCDC on January 30, 1986. Mr. Smith No. 86-002, Re- stated that plan amendments would modify adopting Ordinance the exception area for the LaPine Rural No. 85-042, Amend- Service Center and the zone changes would ing Ordinance No. change zoning to rural industrial. Mr Smith PL -20; Public stated the purpose of the plan amendment and Hearing Regarding zone changes are to allow large industrial Ordinance No. zoned acreage in the LaPine area. Mr. Smith 85-042, Amending stated there is a need for the change because Ordinance No. PL- industrial zoned areas and small parcels in 20, Modifying the in the north -south gas transmission line east Exception Plan; of the tracks make it difficult to utilize Public Hearing Re- the large lot development; adding, this site garding Ordinance is appropriate because uses interested in No. 86-003, Re- the area are wood products, and manufacturing Adopting Ordinance plants which would use dead and diseased pine No. 85-043, Amend- trees located in the area. The County has ing Ordinance No. been contacted by Canada Waferboard and PL -15, Rezoning Louisiana Pacific with interest in locating Certain Property in the area. Mr. Smith noted that evidence from Rural Residen- also shows that there are no suitable tial (RR -10) to alternative sites in urban growth boundaries Rural Industrial which meet the criteria for utilization of (RI) Zone; Public the resource; and noted that no other Hearing Regarding sites within Deschutes County and Northern Ordinance No. 86- Klamath County area have the unique charac- 004, Re -adopting teristics of these tracts within the Lapine Ordinance No. 85- Rural service center. Mr. Smith added that PAGE ONE - MINUTES 1/29/86 vol 70 F( X66 045, Amending PL- Planning Commisssion and Board of Commis - 15, Rezoning Cer- sioners held hearings on these items in tain Property from December. Rural Service Residential (RSR -M) Chairman Prante requested comments. to Rural Industrial (RI) Zone Mrs. Elbert P. Sherrouse, 907 Diamond Street, Medford, asked if a buffer is proposed between the residential areas? Mr. Smith stated that the proposal is to rezone this area as part of the record for the Planning Commission and the Board. He stated that if this area is rezoned, and if applications are presented, they will need to go through a conditional use application as well as site plan review. Mr. Smith assured Mrs. Sherrouse that the Planning Commission is very concerned and has directed staff to take a look at those areas very stringently to make sure that there is a buffer if any uses go in there. Mr. Smith added that although this area was designated as a buffer zone, there is really no official buffer designated; however, part of the site plan review process, and a concern of the staff as well, is that any uses that are located there be buffered from any residential or other uses in the area. Mrs. Sherrouse stated that they had received a copy of that information; however, inquired as to how they can be assured if the buffer zone is not placed in the ordinance? Mrs. Sherrouse requested assurance that a buffer will be placed in that area. Mr. Smith stated that their assurance is that if they are adjoining property owners out in that area, whether a conditional use or site plan is received, then letters will be sent to them for notification of any applications or proposals for site plans or conditional uses in the area. Mr. Smith added that they will have an opportunity to contact the Planning Department to review the proposal and become part of the public process. PAGE TWO - MINUTES 1/29/86 VOL �Q Fdr� 86 7 Mrs. Sherrouse stated that if it is not put in the ordinance regarding zoning today, then it is very difficult to get it added; there- fore suggested that it be placed in the rezoning ordinance today. Mr. Smith stated that in the zoning ordi- nance there is no category for putting in a buffer area. He added that their assurance that the buffer area will be met is that they will be notified as part of that process as well as part of the record that it is a concern of the Planning Commission and it has bedn brought up by the Board as well. Chairman Prante stated that the Planning Director is aware of the legal technicalities and will provide the necessary information to Mr. and Mrs. Sherrouse. Chairman Prante added that she understands the concerns and they are addressed in the record. Mr Smith stated that buffering is definitely something that is addressed in the process; however there is nothing in either the zoning ordinance or the zoning category that specifies a buffer area. Chairman Prante reiterated that buffering is not specified initially; however, it is an issue addressed with each site plan review. Mr. Smith stated that part of the site plan reivew process is that adjoining uses are reviewed and if necessary, a buffer is placed there. Mrs. Sherrouse added that wouldn't it stand to reason that where there is residential zoning that a buffer should be placed between that area? Chairman Prante stated that if there is a residential area then a buffer is addressed when the conditional permit is granted. PAGE THREE - MINUTES 1/29/86 . VOL 70 FACE 868 Chairman Prante stated that she understands the concerns of Mr. and Mrs. Sherrouse and those concerns will be placed in the record. Chairman Prante requested further comments, hearing none, she closed the Public Hearing. MOTION: TUTTLE moved to read Ordinance No. 86-001, first and second reading, by title only. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Chairman Prante so read. MOTION: MAUDLIN moved to adopt Ordinance No. 86-001. TUTTLE: Second. Commissioner Tuttle, stated that to the concern raised, that it is clear in discus- sion of the adoption that the requirement of a buffer is presented at the time an application for a site plan or conditional use in that zone. He added that one of the considerations would be that a buffering from adjoining uses would have to be considered in either a conditional use or site plan. VOTE: UNANIMOUS APPROVAL. MOTION: TUTTLE moved the first and second readings of Ordinance No. 86-002, by title only. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Chairman Prante so read. MOTION: TUTTLE moved to adopt Ordinance No. 86-002. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. MOTION: TUTTLE moved the first and second readings of Ordinance No. 86-003, by title only. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Chairman Prante so read. PAGE FOUR - MINUTES 1/29/86 va 70 Fg- 869 MOTION: TUTTLE moved to adopt Ordinance No. 86-003. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. MOTION: TUTTLE moved the first and second readings of Ordinance No. 86-004, by title only. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Chairman Prante so read. 1) The lot can meet DEQ on-site sewage disposal rules then in effect to the approval of a smaller lot would not significantly increase nitrate levels in the ground water and three of the lots shall have a supply of potable water that would not be effected by the installation of an on-site sewage disposal system. Betty Ahern, 52427 Riverpine Drive, LaPine, Oregon, stated that she is concerned regard- ing reducing the lots to 20,000 square feet, and if the land can still utilize individual wells and septic tanks? PAGE FIVE - MINUTES 1/29/86 MOTION: TUTTLE moved to adopt Ordinance No. 86-004. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Public Hearing Chairman Prante opened the Public Hearing Regarding the regarding the possible adoption of Ordinance Adoption of No. 86-005, re -adopting Ordinance No. 85-045, Ordinance No. amending PL -15, authorizing a minimum lot 86-005, re -adopt- size of 20,000 square feet. ing Ordinance No. 85-045, Amending Mr. Smith issued the staff report, stating PL -15, to Au- that this is another re -adoption of an thorize a Mini- ordinance that was adopted in December. Mr. mum Lot Size Smith stated that this would be included in the expedited review process for LCDC. Mr. Smith stated that this ordinance allowed parcels as small as 20,000 square feet in an area in the rural service center if the hearings body could make the following findings: 1) The lot can meet DEQ on-site sewage disposal rules then in effect to the approval of a smaller lot would not significantly increase nitrate levels in the ground water and three of the lots shall have a supply of potable water that would not be effected by the installation of an on-site sewage disposal system. Betty Ahern, 52427 Riverpine Drive, LaPine, Oregon, stated that she is concerned regard- ing reducing the lots to 20,000 square feet, and if the land can still utilize individual wells and septic tanks? PAGE FIVE - MINUTES 1/29/86 VOL 70 pn, E 870 Mr. Smith stated that yes; according to this that you can have a supply of potable water such as a well and that you have an approved DEQ on-site sewage disposal systems. Chairman Prante requested further comments, hearing none, she closed the Public Hearing. MOTION: TUTTLE moved the first and second readings of Ordinance No. 86-005, by title only. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Chairman Prante so read. MOTION: TUTTLE moved adoption of Ordinance No. 86-005. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Public Hearing Re- Chairman Prante opened the Public Hearings garding the Pos- Regarding Ordinance No. 86-006, Amending sible Adoption Ordinance No. 83-058 and Ordinance No. 86 - of Ordinance No. 008, Amending Ordinance No. 83-066, extend - 86 -006, Amending the study period for the Deschutes River Ordinance No. 83- Study. 058, Section 1(5) and Section 2, Mr. Smith issued the staff report, stating and Possible Adopt- that the ordinance adopting the River Study tion of Ordinance is about to expire and because of problems No. 86-008, Amend- with acknowledgment with the State, the ing Ordinance No. ordinances do need to be extended. The 83-006, Extending staff recommends that they be extended to the Study Period April 30, 1986, to allow additional staff for the Deschutes to complete work and allow additional time River Study and for the Hearing process. the Termination Date of Ordinances Chairman Prante requested further comments, No. 83-058 and hearing none, she closed the Public Hearing No. 83-006 to April 30, 1986 MOTION: TUTTLE moved the first and second readings of Ordinance No. 86-006, by title only. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Chairman Prante so read. PAGE SIX - MINUTES 1/29/86 VOL 70 PA,pr - 871 MOTION: TUTTLE moved adoption of Ordinance No. 86-006. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. MOTION: TUTTLE moved the first and second readings of Ordinance No. 86-008, by title only. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Chairman Prante so read. MOTION: TUTTLE moved adoption of Ordinance No. 86-008. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Public Hearing Re- Chairman Prante opened the Public Hearing garding the Pos- regarding the Possible adoption of Ordinance sible Adoption of No. 86-007, repealing section 1(2)(H) of Ordinance No. 86- Ordinance No. 81-025, providing an animal 007, Repealing hospital use permit outright in the exclusive Section 1(2)(H) of Farm Use Zone (EFU-20). Ordinance No. 81- 025, Providing an Mr. Smith stated that during the Department Animal Hospital Use of Land Conservation and Development's review Permit Outright in of our ordinances that were adopted after in the Exclusive acknowledgment, as part of the acknowledgment Farm Use Zone process, they found (EFU-20) that this ordinance adopted in 1981, does not comply with the requirements permited uses in ORS. 215, which lists exclusive uses allowed. Therefore, in their staff report they recommended a delayed signing until the County took care of this matter because it has not come up since 1981. Mr. Smith recommended repeal of this ordinance and requested to address this issue during the zoning ordinance update. Chairman Prante requested comments, hearing none, she closed the hearing. MOTION: TUTTLE moved first and second readings of Ordinance No. 86- 007, by title only. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. PAGE SEVEN - MINUTES 1/29/86 vol. 70 Fa 872 Chairman Prante so read. MOTION: TUTTLE moved adoption of Ordinance No. 86-007. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Public Hearing on Chairman Prante opened the Public Hearing Ordinance No. 86- regarding Ordinance No. 86-010, amending 010, Amending Ordinance No. 85-037, requiring curbside Ordinance No. 85- recycling for all solid waste collection 037, Requiring franchise customers. Curbside Recycl- cling for all Karen Green, Assistant Legal Counsel, stated Solid Waste Col- that this ordinance amends the Solid Waste lection Franchise Management Ordinance to increae solid waste Customers collection rates for all customers within the urban growth boundaries within Bend and Redmond $.50 per month to cover the cost of recycling in that area. Chairman Prante requested comments, hearing none, she closed the Public Hearing. MOTION: TUTTLE moved first and second readings of Ordinance No. 86-010, by title.only. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Award of Bids on the Purchase of Two Pickups and Three Pickups Chairman Prante so read. MOTION: TUTTLE moved adoption of Ordinance No. 86-010. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Dave Hoerning, County Engineer, stated that the bids received for the purchase of two and three pickups were as follows: Two 1986 3/4 ton pickups: Bruce Chevrolet, Hillsboro $19,999.00 Murray and Holt, Bend $20,437.22 PAGE EIGHT - MINUTES 1/29/86 v a 73 FAcF- 873 Bob Thomas Chevrolet, Bend $20,437.48 Robberson Ford, Bend $20,966.78 Jack Thomas Motors, Lebanon $21,964.56 Three 1986 3/4 ton pickups: Bruce Chevrolet, Hillsboro $28,365.00 Bob Thomas Chevrolet, Bend $28,983.72 Murray and Holt, Bend $28,989.45 Robberson Ford, Bend $29,553.81 Jack Thomas Motors, Lebanon $31,041.30 Mr. Hoerning stated that Bruce Chevrolet from Hillsboro, Oregon, was the low bidder on both of these bids. Mr. Hoerning added that three of the pickup trucks will be for the Road Department, and one will be for the Solid Waste Department. Mr. Hoerning stated the the Public Works Department recommends that award of bid go to Bruce Chevrolet of Hillsboro with the low bids of $19,999.00 and $28,365.00. MOTION: TUTTLE moved to award the bid to Bruce Chevrolet as read by Mr. Hoerning. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Award of Bid for Mr. Hoerning stated that the award of bids Tumalo Reservoir for the Tumalo Reservoir Structural Plate Structural Plate Arch and Torkelson Culvert Extension are Arch and Torkelson as follows: Culvert Extension PAGE NINE - MINUTES 1/29/86 All -i` 7 874 E.M.W. Construction $17,650.00 Jack Robinson and Son $28,999.00 Vierra Concrete and Construction $29,932.00 Engineer's Estimate $28,670.00 Mr. Hoerning stated that the Public Works Department recommends that the plate arch and culvert extension be awarded to E.M.W. Con- struction in the amount of $17,650.00. MOTION: TUTTLE moved to award the bid as read by Mr. Hoerning. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Award of Bid Mr. Hoerning noted that bids were received for Aggregate for furnishing 10,000 tons of crushed rock. for Seal Coat Rock The bids that were received are as follows: Bend Aggregate and Paving Unit Price $8.70 Bid Amount $87,000.00 R.L. Coats Company Unit Price $9.80 Bid Amount $98,000.00 Engineer's Estimate Unit Price $7.50 Bid Amount $75,000.00 MOTION: MAUDLIN moved to award the bid to Bend Aggregate and Paving for 10,000 tons of crushed rock in the amount of $87,000.00. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: TUTTLE moved to authorize Chair of Authorization to sign the authorization to to Pacific North- Pacific Northwest Bell Telephone west Bell Tele- Company for removal of aerial cable phone Company for and poles. Removal of Aerial MAUDLIN: Second. Cable and Poles VOTE: UNANIMOUS APPROVAL. PAGE TEN - MINUTES 1/29/86 Vol, 70 PACE 875 Possible Signature MOTION: TUTTLE moved to sign the Mental of Mental Health Health Subcontract with Central Subcontract with Oregon Alcohol Council. Central Oregon MAUDLIN: Second. Alcohol Council VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: TUTTLE moved to appoint Roderick of Letter of Ap- J. Ray to the Mental Health pointment to the Advisory Board. Mental Health MAUDLIN: Second. Advisory Board VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: MAUDLIN moved signature of On the of an On the Job Job Training Contract with Building Training Contract Maintenance. with Building TUTTLE: Second. Maintenance Chairman Prante stated that one of the issues that she has taken with the Jobs Training Partnership Act is that the funding comes to do training. Chairman Prante noted that the County will be receiving a subsidy of $1,462.00; however, the person that is being hired is already trained in this field. Chairman Prante stated that she has a problem with this issue. VOTE: Commissioners Tuttle: Yes. Commissioner Maudlin: Yes. Chairman Prante: No. Commissioner Maudlin noted that the Contract authorizes Chair to sign; therefore, would like to incorporate that into the motion. Chairman Prante stated that she will not sign the contract and noted that Commissioners Tuttle and Maudlin could sign if they so chose. Possible Signature MOTION: TUTTLE moved to sign the Agreement of Agreement with with Audio Clinic for a Paging and Audio Clinic for a Sound System in Community Develop - Paging and Sound ment in the amount of $1,485.00. System in Community MAUDLIN: Second. Development VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: of Letter of Ap- pointment to the Solid Waste Ad- sory Committee VOTE: PAGE ELEVEN - MINUTES 1/29/86 TUTTLE moved to appoint Bruce Bailey to the Solid Waste Advisory Committee filling the vacated franchisee representative position. MAUDLIN: Second. UNANIMOUS APPROVAL. Vol, 76 rmC, 876 Possible Signature Postponed. of Marine Safety and Laqw Enforce- ment Contracts and Letters of Under- standing Possible Signature Postponed. of MP -84-16, and Ac- ceptance of a Road- way Dedication from Harry Hegardt Requests for Re- Chairman Prante noted the following refunds funds/Community from Community Development: Development Gary's Plumbing $41.60 Jack Gray 36.40 Gerdies Electric 62.40 Presentation by Jay Turley, Assistant City Manager, Jay Turley Regard- stated that what the City of Bend is request- ing Enterprise is that the Board of Commissioners authorize Zones the Chair to co-sign the application to the State for designatation of an Enterprise Zone within Deschutes County. Mr. Turley added that the comittments that the County would be making are: 1) A statement specifying where the applicant has examined the feasibi- lity of creating educational or training opportunities for employers and employ- ees of business firms located in the Enterprise Zone, which is basically being taken care of through COCC. A letter will be included from COCC outlining what kind of programs they would offer. 2) A statement verifying that the applicant will give priority within the Enterprise Zone to the use of economic development or job training funds received from the Federal Government. 3) A committment to assist the Economical Development Department in evaluating economic progress in the Enterprise Zone. PAGE TWELVE - MINUTES 1/29/86 von 70 FACE 877 4) The crucial aspect of the whole applica- tion is to buy into the tax exemption provisions of the Enterprise Zone (a five year exemption program, first year is a 100% exemption, and goes down to 20% over the five year period). Commissioner Tuttle asked if DAW were to put on a $5,000,000.00 pollution abatement device would that be exempt from property taxes. Commissioner Tuttle asked if Deschutes County applies for and obtains an additional Community Development Block Grant, are loans to be made only in this Enterprise Zone successful. Mr. Turley stated that it asks that you make a committment to priority in the proposed Enter- prise Zone. Chairman Prante questioned when two businesses are competing for money, then the County would be bound to give priorty to one in the Enterprise Zone over another one within the County. Mr. Turley stated that it appears to be that way. Priority is a priority, if there were two compet- ing equal situations and one was an Enterprise Zone and one was not, committment would be made to the one in the Enterprise Zone. Commissioner Tuttle addressed concerns regarding the term priority, whether advertisement for applicants have to be within the Enterprise Zone or can continue to be advertised as our revolving loan fund for applicants any place in the County. Mr. Turley stated that if all things were equal, that the loan should go to the applicant within the Enterprise Zone. Mr. Isham asked if these Enterprise Zones are adopted as an Administrative Rule? Mr. Turley stated that he was not certain. The Governor is the one who eventually approves the zone itself. Mr. Isham asked if it were to be an Executive Order. PAGE THIRTEEN - MINUTES 1/29/86 von 70 PAGE 878 Mr. Turley answered that yes, the Governor has the final authority. Mr. Isham stated be specific in what the term "priority" means, inthat it is going to impact an existing program. It appears that legal require- ments may be ambiguous, a disappointed borrower may decide to challenge.the loan decision. Chairman Prante stated that in the position of lending money, that the process should serve the entire County and not be limited to where money can be allocated. Mr. Isham stated not necessarily, however, that may be a result if there is an ambiquity as to what the term priority means. Mr. Isham stated that the term "priority" should be defined further. Mr. Turley stated that "priority" could possibly be define as a part of the statement of what is intended, a statement that the Board feels comfortable with. Commissioner Tuttle stated that there are approxi- mately $200,000.00 in repayments to the existing loan fund. One from a firm in Redmond and from three firms in the Bend area. Therefore, when the County readvertises those funds, does that mean that the committment would be to give priority to an application that would come out of this Enterprise Zone. Commissioner Maudlin stated that priority will be given to that applicant, but it does not mean that the loan will be made if the applicant does not qualify for the loan. Commissioner Tuttle stated that it would be best to establish a rating system to have a way to establish priorities. Mr. Turley stated everything is equal in terms of the security of the business when there is competition for the Enterprise Zone. Commissioner Prante suggested the meeting be continued until 1:30 this afternoon to see if a statement can be drafted to make the Board comfortable with the issue of priority. PAGE FOURTEEN - MINUTES 1/29/86 Possible Signature MOTION: of Letter of Ap- pointment to Special Road District No. 1 VOTE: VOL 70 ?A,�_ 879 MAUDLIN moved to appoint Orin Wallace to Special Road District No. 1, term expiring December 31, 1988. TUTTLE: * Second. UNANIMOUS APPROVAL. Possible Signature MOTION: MAUDLIN moved to sign the Personal of Personal Ser- Services Contract with Robert D. vices Contract Foster to complete the personnel with Robert D. study. Foster TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. The meeting was continued until 1:30 p.m. Chairman Prante continued the meeting at 1:30 p.m. Presentation by Commissioner Tuttle stated that for competing Jay Turley Regard- proposals there must be notification. ing Entertprise Commissioner Tuttle stated that the City of Bend Zones Bend and Deschutes County will establish, as a program standard or criteria, a priority that economic development and job training funds received from the Federal Government will be used within an Enterprise Zone. Advertisements for proposals or program applicants will include this notice of priority. Commissioner Tuttle added that as an example, standards used in the Deschutes County Business Loan Fund Program Descriptions will be included in the applica- tion as exhibit F1 and an example statement of priority will be included in the criteria section of program standards. MOTION: MAUDLIN moved to authorize Chair to cosign the application for the Enterprise Zone. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. PAGE FIFTEEN - MINUTES 1/29/86 voL 7'0 FA.- 880 The meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS L BRISTOW PRANTE, CHAIRMAN LAURENCE A. TUTTLE, COMMISSIONER Z4e; /LI BOCC:kbw 86-102 PAGE SIXTEEN - MINUTES 1/29/86