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1990-21539-Minutes for Meeting July 11,1990 Recorded 7/17/1990I 10.1 - 0788 90"21`'39 MINUTES 2" ft, DESCHUTES COUNTY BOARD OF COfi~+1 SSIONERSJuly 11, 1990 ' Acting Chair Prante opened the meeting at 10 a.m. Board members in attendance were Dick Maudlin and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel; and Mike Maier, County Administrator; George Read, Planning Director; and Paul Blikstad, Planner. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, reappointment of Peggy Corbet and Ambrose Su to Bicycle Advisory Committee; #2, signature of Development Agreement for the Groves; and #3, signature of Development Agreement for JB's Restaurant. MAUDLIN: I would move approval of consent agenda. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 2. CLOSING AGREEMENT AND ADDENDUM TO SALE AGREEMENT FOR YELLOW FRONT STORE IN REDMOND Before the Board was signature of the Closing Agreement and Addendum to Sale Agreement for the Yellow Front Store in Redmond. Rick Isham said there was a contingency on the purchase of the property regarding a successful election on the issue of library bond sale. Commissioner Prante said she had wanted to hold onto the property so that other uses for the building could be considered. However, it did not appear there was currently any support in the Redmond area for the use of that building, and therefore she was not in favor of closing the sale. Commissioner Maudlin said he still felt that it was a good business decision to buy the building, but that he had not seen any support for the purchase of the building. MAUDLIN: I feel that ande adequate time t proceed with the front" building PRANTE: PAGE 1 MINUTES: I will second. 7/11/90 r the circumstances and with more o take a look at it, that we not purchase of the so called "yellow and I would so move. r 0 Y' r fir). 0739 VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES ASSIGNMENT OF KWBX SUBLEASE FROM OREGON FOUNDATION TO PRIVATE PARTY 3. Before the Board was approval of the assignment of KWBX Sublease from the Oregon Foundation to a private party. Rick Isham said that a request had been received from the University of Oregon Foundation that the County approve transfer of KWBX-FM to a new owner. KWBX had been off the air since September 1989. A letter had been sent to all Awbrey Butte users asking if they had any questions or concerns regarding the transfer. One letter was received from Myer Avedovech on behalf of SMR (Port Services Inc.) indicating they took no position on the transfer of ownership unless the application contained a request for an extension of the lease of the facility. Rick Isham said that the application did not contain a request for an extension. Sam Kirkaldie from KICE asked who the new owner would be. Rick Isham said the County had not been given that information, but would find out before approving the transfer. Commissioner Maudlin pointed out that there had been several complaints when this station was broadcasting but there had been none since it stopped. Commissioner Maudlin said he might approve the transfer if part of the agreement could be that if there were complaints of interference, the broadcasting would be stopped. The Commissioners asked Rick Isham to research the following: (1) see if they can do a test, (2) find out who the purchaser is, (3) report on a possible contingency regarding interference. LAND EXCHANGE WITH USFS FOR ANNETTE DODDS CROSS MEMORIAL 4. Before the Board was signature of a Memorandum of Agreement and Statement of Intent to exchange land with the U.S. Forest Service for use as the Annette Dodds Cross Memorial Park. MAUDLIN: I move signature of statement of intent to Forest Service. PRANTE: I will second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES memorandum of agreement and exchange land with the U.S. PAGE 2 MINUTES: 7/11/90 I 0,1 - 0790 5. RESOLUTION 90-059 DECLARING INTENT TO TRANSFER PROPERTY TO THE CITY OF BEND Before the Board was signature of Resolution 90-059 declaring intent to transfer 1,600 acres of County property to the City of Bend without consideration and scheduling a public hearing for August 1, 1990. MAUDLIN: I move that we sign the intent to transfer and set a date for public hearing of August 1, 1990. PRANTE: I'll second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 6. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $458,902.40. MAUDLIN: Move approval of bills upon review. PRANTE: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 7. TEEN PARENT PROGRAM CONTRACT WITH CSD Before the Board was signature of the Teen Parent Program contract with the Childrens Services Division. Commissioner Maudlin said this was a renewal of last year's program. MAUDLIN: I move chair signature. PRANTE: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 8. CITY SUBDIVISION PLAT FOR MEERKAT MEADOWS Before the Board was signature of a City Subdivision Plat for Meerkat Meadows. MAUDLIN: I move signature of City Subdivision Plat for Meerkat Meadows. PAGE 3 MINUTES: 7/11/90 f PRANTE: Second. 9. 10. 11. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES OLCC LICENSE RENEWAL FOR DESCHUTES STATION s0.1 - 0 791 Before the Board was chair signature of an OLCC License Renewal for Deschutes Station. MAUDLIN: Move chair signature. PRANTE: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES RESOLUTION 90-062 INDUSTRIAL DEVELOPMENT BONDS FOR ADVANCED POWER TECHNOLOGY Before the Board was signature of Resolution 90-062 encouraging the Economic Development Commission and the State of Oregon to assist with financing for an Advanced Power Technology project through the issuance of industrial development revenue bonds. Advanced Power Technology would use the funds to further develop their manufacturing facility and to purchase additional equipment. MAUDLIN: I move signature of Resolution. PRANTE: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES ORDER 90-096 AND DEED ON SALE OF HABITAT PROPERTY TO THE CITY OF BEND Before the Board was signature of Order 90-096 directing the sale of the County's interest in eight lots to the City of Bend for $400 and signature of the associated Bargain and Sale Deed. The City of Bend would then allow the property to be used by Habitat for Humanity for low to moderate income housing. Commissioner Prante said it was the Board's understanding the this transfer was being made to provide housing for low to moderate income families through the habitat program. MAUDLIN: I move we proceed with signature of Order 90-096. PAGE 4 MINUTES: 7/11/90 PRANTE: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 12. CITIZEN CONCERN OVER ASSESSMENT FOR ROAD IMPROVEMENTS Clayton Edwards, 16390 Leona Lane in LaPine, came before the Board with a complaint that a road had been paved in his area but he had not been able to find out what it would cost him. He also was concerned that the road was draining into his yard and felt they needed to put in a culvert. He said he had lost the sale of his lots twice because he could not find out what the road improvement assessment would be. Rick Isham said that until there was a final Engineer's Report submitted to the Board spreading the assessment, there was no assessment made against the property. He said there was a lien of the assessment of record in the County Clerk's office. The final reports on these roads had never been completed so there had never been a final assessment. He said he spoke with the Public Works Department, and it was their intent to lump this road together with other projects so that all of the assessments would be made the same date. He said he would get the information and respond to Mr. Edwards. Acting Chair Prante recessed the meeting until the 11 a.m. public hearing. Acting Chair Prante reconvened the Board meeting at 11:15 a.m. 12. PUBLIC HEARING: SWANSON APPEAL OF APPROVAL OF TP-90-716 Before the Board was a public hearing on an appeal by Gary Swanson of the Hearings Officer's approval of TP-90-716, a tentative plat for a replat of five lots in Gemstone Estates into nine lots in an RS zone. Acting Chair Prante opened the public hearing. Commissioner Prante said she had read the material, but had not seen the property nor had any contact with any of the parties. Commissioner Maudlin said he was well acquainted with both parties in the case and Bob Lovlien and had done business with them. Acting Chair Prante asked if there were any challenges. There were none. Attorneys for the applicant and appellant indicated that an agreement had been reached between the parties on this issue. Bob Lovlien, attorney for the appellants, said the tentative plat for this subdivision was approved conditioned upon: (1) PAGE 5 MINUTES: 7/11/90 the combining a lots 13 and 14 into one lot; (2) a 10 foot side yard set back be made on the south side of lot 11; and (3) lot #4 would remain 13,000 sq. ft. In return for these concessions, the appellants (McKinneys, Mr. Martin and the Swansons) agreed to execute a amendment to the CCNRs for Gemstone Estates to permit the division of this property and would agree to continue to cooperate on the amendment of the CCNRs in general to upgrade the neighborhood. Martin Hansen, attorney for the applicant, said as part of the agreement, the appeal would be dismissed immediately. He also clarified that lot 4 would be left as it was platted in the application which was approximately 13,000 sq. ft. Gary Swanson, who owned three lots in block 2, asked what would happen to lots 5 and 67 Commissioner Prante said the plat would be accepted "as is" with the exception of the three changes outlined by Bob Lovlien. There being no further testimony, acting Chair Prante closed the public hearing. MAUDLIN: I would move that we accept the tentative plan for Gemstone Estates Replat as outlined being lots 13 and 14 being combined in one lot, a 10 ft, set back on the south line of lot 11, and that the balance remain as platted. PRANTE: I will second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES Acting Chair Prante recessed the meeting until 2:30 p.m. Acting Chair Prante reconvened the meeting at 2:45 p.m. Board members in attendance were Dick Maudlin and Lois Bristow Prante. Also present were Karen Green, Community Development Director; George Read, Planning Director; and Bruce White, Assistant Legal Counsel. 13. SURFACE MINING PUBLIC HEARING ON ORDINANCES 90-014, 90-025, 90-028 AND 90-029 Acting Chair Prante opened the public hearing and asked for a staff report. Karen Green said that in the two weeks since the previous public hearing on June 27, 1990, they had prepared the remaining two-thirds of the individual site-specific ESEE findings and analysis on approximately 120 sites. They had PAGE 6 MINUTES: 7/11/90 ioi, 07 9 4 made a few more minor, fine-tuning revisions to the ordinances to make sure they were all consistent. She said they had made no additional changes to the zoning ordinance. In Ordinance 90-025, the inventory ordinance, the total aggregate amount was corrected to include the rock resource (10 mil. cu. yds.) at the Rose site, which was not zoned for surface mining (other than dirt), but was on the inventory. Commissioner Maudlin questioned whether the Board had agreed to put the Rose site in the inventory. Karen Green said she had checked the minutes, and the Board had adopted it as part of the inventory but had not protected it with surface mining zoning. She had recommended to the Board that the Rose site not be included on the inventory because of the uncertainty of the quality and quantity of the rock, but the Board had declined to follow her advice. The Board had indicated that if the information about the rock wasn't any better at the ESEE hearings, they would not zone it but would leave it on the inventory. She said the inventory ordinance indicated what the total aggregate on the inventory was as well as what the total zoned aggregate was. The total inventory was about twice the zoned amount. She said the amount the Board zoned surface mining was the smallest amount, then came the amount zoned surface mining plus the resource in the urban growth boundary, and then the largest amount was the amount of the total inventory (which included the urban area, the zoned area and the unzoned area). The amount that was actually available for mining because of the zoning was 45 mil. cu. yds. of crushable rock (sand, gravel, crushable rock). The other revision to the inventory ordinance was a time line for when the County would rezone the parcels which needed to be rezoned from surface mining or surface mining reserve and the 1(b) sites. They would do the residual zoning no later September 30, 1990, and would begin the process for the 1(b) sites on January 31, 1991. She said the 1(b) sites were shown on the inventory as a special category needing further review. Karen Green said that on Ordinance 90-028, the goal and policies ordinance, a couple of policies were added clarifying the relationship between the individual ESEE analyses and what was in the zoning ordinance for conditions and restrictions. It clarified that the site-specific ESEEs controlled over what was in the zoning ordinance. They also clarified that for preexisting grandfathered sites which were registered, the site-specific ESEEs and the zoning ordinance only applied when the grandfathered sites were expanded. Ordinance 90-029, the ordinance with the individual ESEEs, was amended to clarify the relationship between the site specific ESEEs, the ordinance provisions, and the preexisting grandfathered sites. The ESEEs reflected the Board's PAGE 7 MINUTES: 7/11/90 i l - 0195 preliminary decisions with a few exceptions. After reviewing all of the findings as a group along with the ordinances and goal and policies, they felt there needed to be some revisions to some of the findings, primarily on the high-conflict sites. On the Klippel site, the Board had proposed to adopt two conditions which she felt could not be supported by the record or enforced, so the site-specific ESEEs had been revised to modify or remove the conditions. One condition on the Klippel site was the 300 ft. set back from the road on the eastern boundary of the site. She felt there was nothing in the record which would support the set back so she proposed eliminating that condition. The other condition of concern was the adoption of the Planning Commission recommendation that the high conflict sites be treated as so-called "quiet zones" for DEQ noise standards. After reviewing the ordinance and the DEQ noise standards, it was concluded that the "quiet zone" standards were not enforceable and were not supported by the record. She said the "quiet zone" standards were applied to wilderness areas, and it was impractical to apply those to residential areas. She proposed substituting for the "quiet zone" conditions the applicable noise sensitive DEQ conditions which were usually applied to residential areas. She said this change applied to all of the high-conflict sites. Karen Green said she had spoken with the parties, who typically had been involved and testified at these hearing, but who were not in attendance at this public hearing. She said Brent Lake, DLCD, had intended to come but was unable to do so. He told her he had no further comments, and that the department was still in support of the package and anxious to see it. She spoke with Frank Parisi, who represented OCAPA and R.L. Coats, and they were still in support of the package. She said two representatives from Bend Aggregate were in attendance today. She recommended that the Board adopt the four ordinances which had emergency clauses indicating an effective date of July 16, 1990, to allow time to get the package together and mail it to Salem. She said that Commissioner Throop had said he wanted to sign the ordinances on Thursday. Bruce White said there was a couple of storage /processing sites which hadn't been handled like the rest. He said storage sites had been handled as if they were not Goal 5 resources, and were primarily State Highway or County sites. He said the Board had allowed processing on site 369, a State Highway site on Hwy 20 north of Tumalo where the inventory had been depleted. He said that in the ordinance processing was allowed as a conditional use, and proposed that the owner should apply for a conditional use for processing on this site. The other site he proposed changing was at the Fryrear PAGE 8 MINUTES: 7/11/90 OIL landfill. He said there were three sites there: one was zoned SM, another was not zoned for SM, and the third allowed processing only. Again there was not much of a resource on the site to be protected and proposed the site not be zoned SM. The County would be able to request a conditional use permit for processing on the site. Bruce White clarified that the #488 Bend Aggregate site consisted of two different sites: Cline Falls and the Highland site. He said there were two different conditions which went with each site. Highland was to be governed by the existing site plan conditions. The Cline Falls site was to include the standard conditions which would only apply if there was an expansion beyond current or previous use. Standard conditions generally carried with it wildlife concerns. He did not feel there was anything in the record to support imposing that condition on this site, and he recommended that the winter range provision be deleted from the standard ESEE conditions. Commissioner Prante clarified that all of the staff recommendations being discussed had already been changed in the ordinances before the Board for adoption. Bruce White said an errata sheet would be submitted to clean up some errors which had been made. He said where it indicated in the decisions that Oregon Department of Fish and Wildlife conditions would apply, that they were referring to the conditions which were set forth in the August 10, 1989, letter which was sent in by Fish and Wildlife. He said those provisions concerned no processing between December 1 and April 31 of every year and certain reclamation requirements. He said there needed to be some cleanup in the numbers of how much resource was being preserved. He said there was approximately 45 mil. cu. yds of aggregate including crushable rock, however in same places in the ordinance it referred to 40 million which needed to be corrected. They would also need to add in the 10 million cu. yds from the Rose site to the inventory amounts which would bring the inventory amount in the County up to 63,538,000 cu. yds. George Read said there was a nine acre site owned by Ray Rothbard which the staff report indicated held 20,000 cu. yds of aggregate. Mr. Rothbard stated that the site contained 200,000 cu. yds. of material at the hearing. When the Board made their finding, they stated that the 20,000 cu. yd. resource was not worth protecting. The file also had a DOGAMI permit by D.L. Stevenson from 1978 indicating 150,000 cu. yds of material on the site. The Board's denial was also based on DOGAMI information which indicated there was a high water table in the area, 3-to-1 slopes, and set backs from the PAGE 9 MINUTES: 7/11/90 U 19-? surrounding property owners. It was also noted that the overburden on the site was three feet deep. He said this was evidence that the availability of the 200,000 cu. yd. resource was in doubt. He said the Board's decision, with the exception of the amount of material, was consistent. Commissioner Prante thanked the Planning staff, Dave Leslie, George Read, Karen Green and Assistant Legal Counsel Bruce White for a tremendous amount of work which was well done. There being no further testimony, the public hearing was closed. PRANTE: I would entertain a motion to sign first and second reading of ordinance 90-014 by title only. MAUDLIN: I would so move. PRANTE: I will second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES Acting Chair Prante performed the first and second readings of Ordinance 90-014 by title only. MAUDLIN: Move signature of Ordinance 90-014. PRANTE: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES MAUDLIN: I move adoption of ordinance 90-025 reading by title only. PRANTE: I will second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES Acting Chair Prante performed the first and second readings of Ordinance 90-025 by title only. MAUDLIN: Move adoption of Ordinance 90-025. PRANTE: Second. PAGE 10 MINUTES: 7/11/90 i().l U 198 VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES MAUDLIN: Move first and second reading by title only of Ordinance 90-028. PRANTE: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES Acting Chair Prante performed the first and second readings of Ordinance 90-028 by title only. MAUDLIN: Move adoption of Ordinance 90-028. PRANTE: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES MAUDLIN: I would move we have first and second reading of Ordinance 90-029 by title only. PRANTE: I would second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES Acting Chair Prante performed the first and second readings of Ordina nce 90-029 by title only. MAUDLIN: Move adoption of Ordinance 90-029. PRANTE: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES PAGE 11 MINUTES: 7/11/90 .t 0 t j y .11 DESCHUTES COUNTY BOARD OF COMMISSIONERS ,Lois ristow ~Pra e, Commissioner 6 a4lj~ Tom Throop, Chair r ~ /ickkudlin, Commissioner BOCC:alb PAGE 12 MINUTES: 7/11/90