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1990-14584-Minutes for Meeting May 09,1990 Recorded 5/21/19901 0 1 - 0 1 9 6 90-145S4 MINUTES MICROFILMED 'DHSCHUT~S COUNTY BOARD OF COMMISSIONERS UL 1. d~ 1~. J May 9, 1990 Chair Throop called the meeting to order at 10:05 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel; Larry Rice, Public Works Director; Karen Green, Community Development Director; George Read, Planning Director; Paul Blikstad, Planner. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Order 90-051 designating a load limit on Harper Bridge; #2, signature of Order 90-060 designating a load limit on Jordan Road bridge; #3, signature of Acceptance of Deed for property to create County road right-of-way; #4, approval of request from Friends of the Library that the County provide liability insurance coverage for the tent book sale in Drake Park on July 3, 1990; #5, signature of condominium plat for River Village Condominium Stage V; #6, signature of Refund Order 90- 067; #7, signature of Resolution 90-035 appropriations transfer; and #8, signature of Order 90-068 for budgeted cash transfers. MAUDLIN: I move consent agenda PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. CONTINUATION OF PUBLIC HEARING ON DESCHUTES COUNTRY STORE Commissioner Throop reported that the concerned parties had met and reached an agreement on the issues: (1) the BP sign would be located on the west side of the east exit; (2) the BP sign would be plastic and ground mounted (not up in the air as it was currently); the sign location would be back a little from the road; (3) the sign would not be internally illuminated, but could be externally illuminated; (4) there would be no signs facing Highway 97; and (5) the BP sign would be the only sign. Chair Throop reopened the public hearing. Dennis McKenna testified that in the agreement the height maximum was nine feet and there would also be landscaping PAGE 1 MINUTES: 5/9/90 vi,it - 0197 3. 4. 5. around the base of the sign. He said the canopy over the gas island would have the same architectural and color scheme as the store. Commission Throop said the turn lane provision in the old approval would be deleted, so the Deschutes County Store would not participate in the funding of any future left turn lane into the store. Paul Blikstad asked if the store owner would be taking out the ground mounted Deschutes River Woods Store sign that was currently located in the front of the store. Commissioner Throop said he understood that this sign would be removed, since Planning had recommended that there only be one sign allowed on the site. Since a representative for the store owner did not attend this public hearing to confirm the contents of the agreement. Chair Throop continued the public hearing to Wednesday, May 16, 1990, at 10 a.m. He asked the Planning staff to draft the decision as outlined in this meeting and to circulate it to all concerned parties. PUBLIC HEARING ON RESOLUTION 90-024 FEES AND CHARGES FOR COUNTY SERVICES Rick Isham reported that this resolution was not ready to go to a public hearing yet, and Commissioner Throop postponed the public hearing to Wednesday, May 16, 1990, at 10 a.m. REFUND CLAIM FROM SQUAW CREEK CANYON RECREATIONAL ESTATES, INC. Commissioner Throop reported that he had spoken with Jim Kinney from the Department of Revenue who said the Department of Revenue would be taking an official position on question involved with this refund. They would be sending a letter confirming their position that this case was not a clerical error and, therefore, confirming the advise received from County Legal Counsel that it was not a refundable error. PUBLIC HEARING ON AMENDMENT TO ZONING ORDINANCE TO ALLOW DOG KENNELS IN EFU ZONES George Read reported that an application had been made by Terry Durfin to amend the zoning ordinance to allow dog kennels in EFU zones. He said that in 1987 the legislature amended the statutes regarding EFU zones, and kennels were allowed in EFU zones subject to certain standards. He said if the amendment were approved, a conditional use permit would be required for a dog kennel in EFU zones. The Planning Commission recommended approval of the zone change subject to PAGE 2 MINUTES: 5/9/90 1 011 - 0198 requirements that already existed in the ordinance. He said part of the application was a conditional use permit for a particular piece of property which the Planning Commission denied. The decision was not appealed and, therefore, was not before the Board. He said they had had a lot of difficulty siting kennels because the only zones where they were allowed in Deschutes County were MUA-10 and UAR-10 as conditional uses. Since both of those zones tended to be highly developed areas and therefore, there tended to be more conflicts. He said EFU zones tended to be larger parcels where there was potential for less impact. With the siting standards which exist in the ordinance, the staff believed and the Planning Commission recommended that kennels could be adequately sited in EFU zones. Since the ordinance had not been fully circulated, George Read recommended that the public hearing be continued. Chair Throop opened the public hearing. No one from the audience wished to testify. Chair Throop continued the public hearing to Wednesday, May 16, 1990, at 10 a.m. 6. REALIGNMENT OF ST. CLAIR ROAD NEAR CONESTOGA HILLS SUBDIVISION Before the Board was discussion of the realignment of St. Clair Road near Conestoga Hills Subdivision. Homeowners from Conestoga Hills expressed concern that if Blackfoot Road were connected with the new alignment of St. Clair Road, more traffic would be channeled through the subdivision because the road would be paved. They did not feel that another access/exit from the subdivision was necessary since there were already to accesses (Chisholm Trail and Butterfield). The Board agreed that there was no need to make the connection of Blackfoot Road to the new alignment of St. Clair Road until the development of the area expanded to the point where this road was needed. A Conestoga Hills property owner asked how the County could move a road and not have to go through a land use process? Rick Isham said that prior to dedicating the road, the County would have to go through the land use process. Commissioner Throop asked how people could be out clearing trees before the legal process was completed. Larry Rice said that since it only involved County property and Mr. Coats ' property, and Mr. Coats had volunteered to build the road, they let him go ahead before they had legally established the road. A Conestoga Hills property owner asked if there was any way they could block their roads so that there would be no connection with roads outside of their subdivision. Larry Rice said that St. Clair road was on the transportation plan as a collector road, and the only way that it could be removed PAGE 3 MINUTES: 5/9/90 '1011 - 0199 was to attend the public hearing on the transportation plan and request removal of St. Clair Road from the plan. He said he felt that as the area developed, St. Clair Road would be essential to the traffic circulation in the area. Commissioner Throop said that no more work would be done on St. Clair Road until the land use process was completed. Bob Beckley, Conestoga Hills Subdivision, expressed concern over how he could afford to go through the land use process necessary to cul-de-sac Bozeman Trail. Commissioner Throop said that whoever initiated the land use action had to pay for it. Nancy Beckley asked about the possibility of getting a fee variance. Commissioner Throop said that the Board would not look favorably on a fee waive unless the action would be of general benefit to the people of the County who would be paying for it. He said that putting a cul-de-sac on their road would only benefit a small group of people, and they should pay for it. Nancy Beckley said that she had spoken with Dave Hoerning, County Engineer, on January 2 and asked if the road needed to go through a land use action, and he said no. She said she wrote a letter to the Board of Commissioners asking the same question and got the same answer. Commissioner Throop said a vacation proceeding did require a land use action. Bob Beckley said that it would create a safety hazard to improve St. Clair Road without putting a cul-de-sac on Bozeman Trail. Richard Meridith, 23130 Ricard Road, asked what the time frame would be for the land use action. Commissioner Throop said it would take about 60 days. Commissioner Throop said that if the new road realignment was not approved in the land use proceedings, the County would not be completing the project, and he would be responsible for putting the road on the proper right-of-way to get access to his home. Commission Prante expressed sympathy for the Beckley's situation. Rick Isham questioned whether it would be good land use planning to cut off circulation when there was the possibility for future development in the area. MAUDLIN: I would move that we go forward with the land use action on the area marked in red on the map and that if that land use action is successful, that we reestablish the right-of-way for St. Clair Road. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 4 MINUTES: 5/9/90 7. JUVENILE REFEREE FUNDING Before the Board was discussion about how to fund the Juvenile Referee program. Commissioner Throop said it appeared there had been some decisions made by the Board but that no follow up action had been done. He said the first decision had been to negotiate with the Children and Youth Services Commission prior to the budget process for some continued funding for the referee program which was the highest priority children's program in the Count,y and second for that remaining funding come from SB 1065 dollars. The CYSC prepared their budget without knowledge of the Board's request. Commissioner Maudlin, assuming CYSC had been informed, instructed Mike Maier to budget money out of CYSC funds for the referee position. Dennis Maloney said he had asked the Board to approach the Children and Youth Services Commission to see if some ongoing funding could be budgeted with the remainder of the funds coming from SB 1065 dollars. He wondered if the SB 1065 money had been coming in at a rate that would be able to fund the program. Ernie Mazorol, Court Administrator, said in March of this year, they collected $7,700 from SB 1065, which was up considerably from last year. He projected that if funds continued at this level, they could count on $75,000-$85,000 a year from this fund. Dennis Maloney said that the County could only spend 50% of that money on jails. He said this funding was money the County did not have before, it was getting larger, it was a long term source of funding, and it would offer stability to the program. Whereas, CYSC funding would have to be requested every year. Commissioner Maudlin mentioned that the Juvenile Referee could only be paid for out of state money coming to the County not County funds. So Rick Isham was asked to check into whether the SB 1065 money would be considered state money since it was collected by the state. A working group consisting of Commissioner Prante, Dennis Maloney, Mike Maier, Rosie Bareis, Ernie Mazorol, Neal Bryant, and Nancy Schlangen was asked to report back at the Board's work session on Monday, May 14, 1990. 8. SURFACE MINING REPORT ON THE ERIC COATS SITE NEAR CONESTOGA SUBDIVISION Karen Green reported that the County Enforcement Officer visited the site last Monday, and they reviewed current photographs against the photographs taken approximately a year ago. She said it appeared that additional materials had been PAGE 5 MINUTES: 5/9/90 01 0201 removed from the pit area, however it did not appear that it had reached the 2,500 cu. yd. maximum annual amount. She said they would check the site again when and if there were additional reports of mining. At this time there was no basis in which to cite Mr. Coats for any surface mining violations. 9. WEEKLY WARRANT VOUCHERS Before the Board was approval of the weekly bills in the amount of $140,866.54. PRANTE: Move approval upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 10. MP-90-10 FOR THE MEANS Before the Board was signature of a minor partition MP-90-10 for Mr. Means on a parcel near Highway 20 and Gist Road. MAUDLIN: Move signature. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. MP-90-1 FOR MR. KERAMIDIS Before the Board was signature of a minor partition MP-90-1 for Mr. Keramidis for property on Bear Creek Road. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 6 MINUTES: 5/9/90 101 - 0202 12. ORDINANCE CHANGE TO ALLOW COMBINING OF SUBDIVISIONS FOR NO SHOOTING DISTRICT Commissioner Prante said she had spoken with Claude Sprouse regarding forming a "No Shooting District." He did not want to go through the application/signature gathering process in each of the 42 subdivisions in his area. She said it would cost him $6,300 to submit an application for each subdivision separately, and asked legal counsel if these subdivision could be consolidated into one unit for this purpose only. Commission Throop asked if there were any open lands between subdivisions. Commission Prante provided a map that showed that all of the subdivisions were contiguous. County Counsel said it would require a amendment to the ordinance to allow aggregate adjoining subdivisions to be combined into one district. He said that the ordinance now required a separate application for each subdivision. Commission Throop suggested that Ducks Unlimited, the Oregon Department of Fish and Wildlife, and the Oregon Hunters Association be sent a copy of the proposed modification of the ordinance for review and comment. Commissioner Prante said she would take care of that. Commissioner Maudlin expressed concern that one heavily populated area might have enough signatures to provide 60% of the total which might force smaller subdivision into the "no shooting" district when independently, they wouldn't have voted for it. 13. CONSEP MEMBRANES LOAN Rick Isham said Commissioner Throop received a letter from the Department of Justice on the Consep Membrane grant amendment. Rick said he reviewed it, and felt it was the best deal the County could expect. He suggested that before it was approved, it should be sent to Consep Membranes for their review. He said he had prepared a letter to Volker Oakey at Consep Membranes asking for his review and consent to the terms. PRANTE: I would move approval of the amendment subject to review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 7 MINUTES: 5/9/90 0Z(1 DESCHUTES COUNTY BOARD OF COMMISSIONERS Commissioner Tom roop, Chair /G Dick Maudlin, Commissioner BOCC:alb PAGE 8 MINUTES: 5/9/90