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1990-10329-Minutes for Meeting April 11,1990 Recorded 4/17/199090-10329 1 0 0 - 1 9 2 4 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONSA~- April 11, 1990 17 PH 2:57 t' c 4 Chair Throop called the meeting to order at 10 a. m. Bba3i&- hers in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel; Larry Rice, Public Works Director; Jim Raisanen, Planner; and George Read, Planning Director. 1. CONSENT AGENDA MICROFILMED; MAY 7 990 Consent agenda items before the Board were: #1, signature of Order 90-053, refunding taxes; #2, approval of Amendment #11 to Mental Health 1989-91 Intergovernmental Agreement; #3, signature of mylar for The Ridge Condominiums Stage VII; #4, signature of MP-89-46 for Ken Ullman; #5, signature of Resolution 90-029 transferring appropriations within various funds of the budget. MAUDLIN: I move consent agenda. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. REPORT ON SILVICULTURE LAB Johanna Landsberg, Project Leader for the U.S. Forest Service Pacific Northwest Research Station located in Bend, gave a report on the research activities at the silviculture lab, and its importance given the current controversy over logging forests in the Northwest. She asked for the Commissioners' political support for an increase in the lab's budget so that additional permanent staff could be hired. In budget year 1982-83, they had six scientists at the lab, however, due to budget cutbacks, they currently had only two with some temporary help. She said the proposed budget for 1991 was $86,000 below the unit's funding for FY 1990, plus they were requesting an additional $100,000 for fire research. The Commissioners indicated that they would send support letters to Oregon Congressmen with a copy to the city mayors in Deschutes County asking them to write support letters. PAGE 1 MINUTES: 4/11/90 a s 1925 3. PUBLIC HEARING: ORDINANCE 90-017 AMENDING ZONING ORDINANCE REGARDING REQUIRED PARKING SPACE FOR RURAL GROCERY STORES Before the Board was a public hearing regarding an amendment to the Deschutes County Zoning Ordinance of 1979. The proposed amendment would change the ratio of required parking spaces per sq. ft. from 1 space per 100 sq. ft. to 1 space per 200 sq. ft. Jim Raisanen testified that a grocery store in LaPine had applied for a site plan and variance. The store could not meet the existing standard due to lot size restrictions. The Planning Division made a finding and approved the site plan and variance in January, but it was appealed to the Planning Commission. After hearing the testimony, the Planning Commission decided that the parking restrictions for supermarkets and grocery stores were too strict. They researched other counties and cities in Oregon and found that over half the counties were currently less restrictive than the proposed amendment, and the other one half were approximately the same. He said most of the cities were approximately the same as what was being proposed in the amended ordinance. He said United Grocers recommended the standard being proposed. He said the current ordinance required 1 parking space per 150 sq. ft. of gross floor area for stores 4,000 sq. ft. and under;, for stores over 4,000 sq. ft., it was 1 space per 100 sq ft. He said they were proposing 1 space per 200 sq. ft. of gross floor area. He said both parties at the Planning Commission hearing were agreeable to the amendment since it would help both the appellant and applicant. Commissioner Prante asked if the current ordinance, as it applied to LaPine, was more stringent that the standard in the cities of Redmond and Bend. Jim Raisanen said that it was. Win Frances, attorney for the appellants, testified that everyone felt that the current ordinance was too restrictive. It meant that every time there was a site plan, there had to be variance, which was not a good process. He felt the ordinance should be changed to reflect the appropriate ratio of parking to store area. Commission Maudlin asked why the County would want to enact a stricter standard than the City of Bend's which was 1 space per 300 sq ft. of floor area. George Read answered that the City of Bend standards were inadequate and that usually the grocery stores put in more than was required. He gave the older Wagners store as an example of one that met the city standard but had inadequate parking. He said another reason given for the need for higher parking standards in rural areas was because more people in rural areas drove to the store, PAGE 2 MINUTES: 4/11/90 100 -y 1926 where as a City store would get more foot traffic. He said that in the Sunriver mall area there seemed to be inadequate parking even under the current, more stringent standards because of the combined parking in a shopping center complex. He said the Planning Department had intended to look at the overall parking standards before proposing any amendments, but had not had time. They preferred not to just make a "quick fix" amendment, but when this issue came up, the Planning Commission recommended to make this one change now. Chair Throop closed the public hearing. PRANTE: I move first and second reading by title only. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop performed the first and second readings of ordinance 90-017 by title only. PRANTE: Move approval. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 4. RESOLUTION 90-026 ACCEPTING PETITION TO VACATE PORTION OF NW POPLAR AND ORDER 90-042 SETTING A PUBLIC HEARING Before the Board was signature of Resolution 90-026 accepting the petition to vacate a portion of NW Poplar Avenue located in the Plat of Hidden Valley Mobile Estates No. I and Order 90-042 accepting the Engineer's report and setting a public hearing for May 23, 1990. MAUDLIN: I move signature of Resolution 90-026 and signature of Order 90-042 setting a public hearing for May 23, 1990. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 3 MINUTES: 4/11/90 100 1927 5. AWARD OF BID FOR CRUSHED ROCK Before the Board an award of bid for crushed rock. The Engineer's estimate was $24,400 and the lowest of the three bids was $22,800 from R. L. Coats. MAUDLIN: I move award of bid to R.L. Coats in the amount of $22,800. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 6. ORDER 90-056 PROHIBITING PARKING ON PORTION OF PINEBROOK BLVD. Before the Board was signature of Order 90-056 designating a portion of Pinebrook Blvd. as an area where parking was prohibited. PRANTE: Move approval. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 7. POWERLINE INSTALLATION AGREEMENT WITH MIDSTATE ELECTRIC Before the Board was signature of a Powerline Installation Agreement with Midstate Electric Cooperative for the LaPine Industrial Site, Phase II. PRANTE: I would move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 8. RESOLUTION 90-028 PROCLAIMING NATIONAL CREDIT WEEK Before the Board was signature of Resolution 90-028 proclaiming the week of April 22-28 as National Credit Week. PRANTE: Move signature. MAUDLIN: Second. PAGE 4 MINUTES: 4/11/90 3 ofj - 1928 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 9. PARTICIPATION IN AOC RESPONSE TO STATE ALTERNATIVES TO NATIONAL FOREST PLANS Commissioner Maudlin said that Mr. Haglund had been hired by AOC to study the draft of the State Alternatives to the National Forest Plans and suggest improvements. It would take approximately 30-40 hours for him to do the work on the Deschutes National Forest and prepare the recommendations that would go to the State. He said this would be the County's only opportunity to comment on the State's alternative, and that the majority of the members of ADC's Public Lands, Natural Resources, and Agriculture Committee felt that it should be addressed. He said the study would cost Deschutes County between $980 and $1,225. Commissioner Throop said it was extremely late to do the study now, and it would not be very productive. He said it would not be the Board's only form of input. He had spoken with Norm Arseneault, from the Deschutes National Forest, who wanted to arrange a two-hour meeting to discuss the Board's reactions to the Forest Plan and the spotted owl issue. He said they had five or six remaining issues that they had not gotten closure on in the Forest Plan, and Mr. Arseneault wanted discuss those issues directly with the Board. He said the State would provide their response to the Deschutes National Forest in early May, and the Deschutes National Forest would issue their final plan in July. He said the State had worked with the Deschutes Nation Forest for several years and had a very complicated model on the inventory of timber and the resources. He said Norm Arseneault felt it would be virtually impossible for a new consulting forester to come in at this very late date and try to understand the model and provide any substantive response in the period between May and July. He did not think it was worth the expenditure. Commissioner Prante said she had talked with people in Salem and that the proposed forester was highly respected. She said that Deschutes County was pivotal to the involvement of Lake and Klamath counties. She said if the report wasn't valuable, Deschutes County didn't have to use it, but she didn't want the Deschutes National Forest to be the only one not involved in the AOC effort. She did not feel that going ahead with the AOC plan would preclude the Commissioners from working directly with Norm Arseneault. Commission Maudlin said that Mr. Haglund had already made a thorough study of the Forest Service Plan and the State PAGE 5 MINUTES: 4/11/90 r 19 2 9 Plan and had made recommendations on them. He said that Deschutes County had not addressed in any way the State Alternative to the Forest Service Plan which was what AOC was asking Mr. Haglund to do. Commissioner Throop said he felt it was a waste of money and strongly opposed it. MAUDLIN: I would move that we fund up to the $1,225 for the study for the State Alternate. PRANTE: I will second. VOTE: PRANTE: YES THROOP: NO MAUDLIN: YES 10. WEEKLY WARRANT VOUCHERS Before the Board was approval of the weekly bills in the amount of $263,796.85. PRANTE: Move approval upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. ASSIGNMENTS OF LEASES FROM DENCO TO COMBINED COMMUNICATIONS Before the Board was signature of Consent to Assignment of leases from DENCO, INC., through Stephen P. Green as Trustee in Bankruptcy for the Denco Estate, to Combined Communications. Rick Isham said this was a result of the sale of KBND and KLRR from the bankruptcy proceedings to the owner of KUGN in Eugene. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 12. INDEMNITY AGREEMENT REGARDING CLOSING OF TETHEROW ROAD Before the Board was signature of an Indemnity Agreement from Mary Ann McLeroy regarding the temporary road closure of a section of Tetherow Road on Saturday, April 21, 1990. PAGE 6 MINUTES: 4/11/90 joo -1930 PRANTE: I would move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 13. OLCC APPLICATION FOR BUTLER MARKET COUNTRY STORE Before the Board was chair signature of OLCC application for Butler Market Country Store. MAUDLIN: Move chair signature. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 14. SPECIAL SPRING CLEANUP FOR CITY OF REDMOND AND HIGH COUNTRY DISPOSAL Commission Throop reported that the City of Redmond and High Country Disposal were cooperating for the Special Spring Cleanup during Earth Week from April 23-27, 1990. The Board agreed to waive fees for the City of Redmond following the pickup of yard debris as well as possibly some appliances, and also waive fees for High Country Disposal's extra efforts that would not have been a part of their regular franchise. 15. BACK LOG OF SENTENCING ORDERS Commissioner Maudlin reported that the District Attorney's Office had approximately a three week's backlog of sentencing orders. He said they only had time to do the sentencing orders for those who were coming up for parole. This was causing problems in corrections and all the way through the court system. He had been working with Judge Mosgrove and Ernie Mazorol, Court Administrator, to help resolve the problem. They have agreed to make up, print, and pay for a sentencing form similar to what they were using in District Court. These forms could be used on 50-60% of all sentencing orders which would help speed up the process. The District Attorney's office had agreed to keep the orders up-to-date starting with the use of the new form, however that would not get rid of the back log. The District Attorney had no money in his budget for additional help. Commissioner Maudlin said he would get the cost figures together for hiring a temporary to get the work caught up. PAGE 7 MINUTES: 4/11/90 1931 DESCHUTES COUNTY BOARD OF COMMISSIONERS jLoisiow Prante, commissioner Tofn Throop, Chair Dick C&aud in, Co issioner BOCC:alb PAGE 8 MINUTES: 4/11/90