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1990-27012-Minutes for Meeting July 18,1990 Recorded 8/14/1990104 - 1147 C16 2,701,02 MINUTES ~,A1CROfl~~ED DESCHUTES COUNTY BOARD OF COMMISSIONERS C~y July 18, 1990 Chair Throop called the meeting to order at 10 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; Paul Blikstad, Planner; Dave Hoerning, County Engineer; and Darrell Davidson, Sheriff. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Development Agreement for the Dyers; #2, signature of OLCC License Renewals for Bend KOA, Riverwoods Country Store, Three Rivers Market, Chens Garden, and the Black Butte Ranch Lodge, Golf Snack Bar, and Pro Shop; #3, appointment of Helen Lovell to Library Board of Trustees; #4, signature of Fersgnal Services Contract with Wolfgang Buettner for Adult Corctons Treatment; and #5, chair signature of Rock Crushing te4&nt with the U.S. Forest Service. PRANTE: Move consent agenda MAUDLIN: Second. f", CIO VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. PUBLIC HEARING: ORDER 90-064 VACATING PORTION OF J.C. THORP ROAD Before the Board was a public hearing on Order 90-064 vacating a portion of J.C. Thorp Road located in SW 1/4 SE 1/4 of Section 11, Township 16 South, Range 11 East Willamette Meridian, located in Deschutes County. Dave Hoerning gave the staff report indicating the petition had been received on April 16, 1990. He sent out preliminary letters to the utility companies on May 3, 1990. The Engineer's report was filed on June 6, 1990, indicating that the road had been established in July 1905, had not been used in recent years, and was not needed on the transportation plan. None of the utility companies reported any facilities within the right- of-way. A letter had been received from Carl Hopp of Hopp and Paulson Attorneys regarding the irrigation easement and the ditch rider's ditch. He assured them that this road did not include their easement or ditch rider's road. They mailed notices to the property owners on June 18, 1990. One letter came back, but they were able to get a new address and mail PAGE 1 MINUTES: 7/18/90 t 104 - 1148 3. the notice and map. He recommended that the vacation be approved. Chair Throop opened the public hearing and asked for testimony. Bob Turner said he had mailed in a letter and asked if the Board had any questions. The Board did not have any questions. There being no one else who wished to testify, Chair Throop closed the public hearing. MAUDLIN: I move signature of Order 90-064. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PUBLIC HEARING: ORDER 90-066 VACATING 50' EASEMENT NEAR ROCKING HORSE ROAD Before the Board was a public hearing on order 90-066 vacating a portion of a fifty foot public road easement located near Rocking Horse Road on Lot 105 of River Bend Estates. Dave Hoerning gave the staff report indicating the petition was received on April 16, 1990. Preliminary letters to the utility companies were sent out on May 3, 1990. The final notices to utilities, municipalities and adjacent property owners were sent on June 18, 1990. He said there was an easement on the property but no road. The road that people were using in the area was not on this easement. The power company planned to build on the site and had given the County a 60 foot public easement down the west side of the lot to connect to the old road easement and also connect to the existing road. He said if the road had been moved to the existing easement, it would have gone through the power company's proposed site. He felt this change would be of benefit to the surrounding property owners. The power company was to dedicate the proposed 60 foot public easement in exchange for the County vacating the old 50 foot easement. Since no one was positive that this had been done, it was suggested approval of Order 90-066 be contingent upon verification of the dedication. Chair Throop opened the public hearing. Mark Heidecke, GE Rawley and Associates, Beaverton, was there to answer any questions that the Board might have. There were no questions. PAGE 2 MINUTES: 7/18/90 104 -4 1149 4. There being no one else who wished to testify, Chair Throop closed the public hearing. MAUDLIN: Move signature of Order 90-066 subject to the completion of dedication of the right-of-way. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PUBLIC HEARING: BEND GARBAGE APPEAL ON SP-90-1 Before the Board was an appeal by Bend Salvage Company of the Hearings Officer's decision on SP-90-1, specifically the condition regarding the hours they could crush vehicles and make other similar noises. Paul Blikstad gave the staff report. He said the appeal was only on one condition of the hearings officer's decision. He read Condition #4 into the record indicating that "the crushing of vehicles or other activities generating similarly loud noises such as stacking and moving of crushed vehicles must be conducted between 8 a.m. and 5 p.m., Monday through Friday, and 9 a.m. to 4 p.m. on Saturday. He said the Planning Division had received a complaint from an adjacent property owner that the wrecking yard had expanded beyond what had been approved in previous site plans. Glyn Scott, County Code Enforcement Officer, made a site visit and determined they had expanded beyond what had previously been approved. They had a meeting with Mr. Glazebrook, the applicant, to go over the details of the previous approval and what Mr. Glazebrook would need to do to comply with the zoning ordinance requirements. As a result, Mr. Glazebrook filed for a site plan review with the Planning Division. It had been originally scheduled for an administrative decision by the Planning Director, however since several letters of opposition were received from adjoining property owners, the application was referred to the hearings officer. The hearing was held on May 1, 1990, and the decision was mailed on June 1, 1990. He said the Planning staff felt the hearings officer did a very fine job in establishing conditions and recommended the Board adopt those conditions. He said the expansion was further to the west. Chair Throop opened the public hearing and requested testimony from those who were in favor of changing the hearings officer's decision. PAGE 3 MINUTES: 7/18/90 104 A 1150 Terry O'Sullivan, attorney for Bend Salvage Company, testified that in 1979, the Bend Salvage Company was located immediately adjacent to highway 97 on the southeast corner at Cooley Road. The County sought an injunction against the operation of Bend Salvage claiming that it had expanded beyond the boundaries that were in effect at the time of the adoption of the Deschutes County Zoning Ordinance. During the trial, it was established that Deschutes County had never properly adopted it's Zoning Ordinance, and the zoning map had never been signed by the Commissioners. The County, therefore, attempted to reach an accommodation which would be reasonable for all parties. The trial was stopped, and Mr. Glazebrook was allowed to find another site away from Highway 97, and the appropriate zoning was arranged. The mobile home park was at its current location when Bend Salvage moved there, but he didn't believe it was as large at that time. He didn't remember there being a single objection to the facility locating at that site at that time. He said prior to the hearing, they had agreed to all of the conditions recommended by the staff which did not include a limitation on the hours of operation. He said the expansion area would not involve an expansion of the noise generating portion of the business, because the area of expansion would be used for storage of whole vehicles that would not be stacked. The crusher was in a fixed location and could not be moved to the expansion area. The only possible noise that would be generated by the expansion would the loading and unloading of whole vehicles used for scavenging parts or restoration. They normally sent out 8/10 of a load per week of either scrap iron or crushed vehicles, and it took on average 1-1/2 to 2 hours to load a truck. He said they were at the mercy of the commercial truckers who might arrive after 5 p.m. The hours of operation were limited to the daylight hours since there were no lights in the yard. They didn't have a problem with limiting crushing on Sundays. He said the hearings officer's decision limited not just the crushing of cars, but limited all operations. The summer months were the busiest because people were out cleaning up their yards and farms and would bring the cars in on Saturday and after work. With the hours of operation set by the hearings officer, they didn't feel they would be able to accept those vehicles. He said there were very few facilities equipped to handle these vehicles and their operation kept this junk out of the landfills. He said the crusher operated about eight hours a week. It had been more often when they were working seven days a week, but they were no longer working on Sunday. He felt the limited hours would place a harmful financial burden on the business. He received a letter from Sharon and Lloyd Roberts stating their property was bound on three sides by Bend Salvage, and they had no complaints and had never heard any noise from Bend Salvage. Although the business was between the Roberts' property and the trains, they could only hear the trains. PAGE 4 MINUTES: 7/18/90 104 - 1151 Mr. O'Sullivan said he asked Bend Salvage to start all of their equipment. From the closest mobile home, he said the trucks on highway 97 were louder than the equipment from Bend Salvage. Sharon Belleisle, a partner in Bend Salvage Company, testified in opposition to the limitation on hours of operation. She said the truckers/freight companies didn't want their trucks tied up any longer than necessary. They usually came in late in the afternoon to load, went to Portland to unload, and then picked up a load in Portland early the next morning. She felt the truckers would quit hauling for them if they had to come earlier in the day. She said they wanted the hours that had already been established--7 a.m. to 9 p.m. She said the truckers came in about 4 p.m., and it would take approximately two hours to load. He said there were 1-2 truck loads out each week and half the time they came in between 5-9 p.m. Sometimes there were so many customers there during the day, that they would have to cut the iron and crush the cars later in the day if the truck was coming the next day. She said bought scrap metal from auctions which were held on Saturday and Sunday. They were only given a couple of days to pick the material up and sometimes they needed to bring it in on Sunday. They had agreed not to use the crusher or the heavy equipment on Sunday. If the auction was on Saturday they, tried to bring the material in the same day. She said the crusher operated approximately 5-10 minutes consecutively per hour. They would dismantle the car, pick it up on a fork lift, put it on the crusher, run the crusher, and then take the car back. They seldom had enough vehicles ready to crush several cars consecutively, and the crusher motor was not started until a vehicle was being crushed. They didn't start work until 9 a.m. and wouldn't need the crusher later than 7 p.m. She said they crush approximately 18 cars every two weeks. She said since the last hearing they have opened on Saturdays, but they would rarely ship anything out on a Saturday. Terry O'sullivan said there concern was with the language in the hearings officer's decision which said "or other activities generating similarly loud noises." He thought this language would exclude using a forklift to take a vehicle off someone's trailer at 6 p.m. Commissioner Maudlin said he felt the problem area was crushing and moving crushed vehicles into a stack. Terry O'Sullivan said if that was what the hearings officer's decision had said, they probably wouldn't have appealed. However, he said to allow for emergencies, they needed to be able to do the work later in the evening. Bruce Slade, said he had lived at the property in question for the last three years and hadn't had any noise problems with Bend Salvage. He was closer to the crusher than anyone else, PAGE 5 MINUTES: 7/18/90 104 1152 and he could have his windows open in the evening. He only had problems with the railroad and highway noise. Trucks going in and out of Bend Salvage in the evening was not a problem. He said the crusher noise sounded like a diesel truck in the far distance. He said it was only a 4 cylinder engine with duel exhaust, and that the sound did not project well out of the depressed area where the crusher was located. He said he was employed by the school district. Chair Throop asked for testimony in support of the hearings officer's decision. Caroline Palmquist, owner of the mobile home park adjacent to the salvage yard, said she lived in the mobile home park. She wanted to dispute the last gentleman's testimony concerning the level of noise. She said it was "quite loud," and their major complaint had been with the noise in the evening which affected the close residents. She said they had no control over the railroad or the highway noise, but wanted at least some input into the level of noise where they lived. In the summer, the residents wanted to be able to be outside without being disrupted by noise. She didn't feel that 53 hours a week to do their business was unreasonable. She said the crushing and stacking of cars was their main complaint. They had not been able to rent out any of the spaces in the back of the mobile park, which was closest to the crusher, to permanent residents. They had to turn the area into rental spaces which had impacted their business. Commissioner Throop asked her if the once or twice a week loading of trucks was a major noise factor. She felt the major problem was with the crushing, stacking and moving crushed vehicles. She couldn't really tell which activities were creating the noise problem, because she couldn't see into the yard, but there was a lot of noise late into the evening, and it used to be a problem on weekends. They just wanted some peace in the evenings and on the weekends, and, therefore, supported the hearings officer's decision. She felt they worked late into the evening 2-3 times a week. Rosemary Sprong, Four Seasons Mobile Home Park, testified in support of the hearings officer's decision. She said the park was established in 1971 in a residential zone. The wrecking yard was moved there because of its adverse impact at its previous location. She felt during the past 12 years, Bend Salvage had demonstrated they were not willing to be good neighbors because of the fumes, noise, dust, debris blowing into the park, and ugly appearance which had a continuous negative effect on the mental, emotion and physical well-being of the residents of the park. Many resident moved out of the park because of Bend Salvage, and the spaces were vacant for about 5-8 years. Others who stayed lost property value. She felt Bend Salvage did not need the extended hours for PAGE 6 MINUTES: 7/18/90 104 - 1153 emergencies, and should have been able to operate within the allowed hours. She said in the last two months the noise problem had been a lot better, however there had occasionally been noise until 10-11:00 at night. Commissioner Maudlin asked how they could have operated that late at night without lights? She said she could not see into the yard, so she didn't know what they were doing. Terry O'Sullivan spoke in rebuttal indicating that Bend Salvage had never operated until 10:00 or 11:00 at night and would be willing to supply work records to prove it. Rosemary Sprong said it might have been noise from the people who lived at the site. Terry O'Sullivan said there were some rental mobile homes on the property owned by Mr. Glazebrook, plus Mr. Glazebrook lived there. Commissioner Maudlin asked him if they ever crushed cars while the truck driver was waiting. Mr. O'Sullivan said not usually, but it was possible they might be short of cars and have to crush them while the truck driver waited. Commissioner Maudlin asked if they called for a pick up to be made on a certain day? Mr. O'Sullivan said yes, and they wouldn't crush them at the last minutes unless they had gotten behind for some reason. Commissioner Prante asked if he could suggest any compromise position? Mr. O'Sullivan said given the emotions involved, he felt there needed to be specific hours or there would be an ongoing complaint problem. There being no further testimony, Chair Throop closed the public hearing. Commissioner Maudlin said he would like to change the hearings officer's hours of operation in item 4 on page 6 from seven days a week to six days a week. Plus that crushing, moving, and loading of crushed vehicles be allowed only between the hours of 9 a.m. to 7 p.m. six days a week. Commissioner Throop said he would like to stay with the hearings officer's decision but excluding the loading of vehicles for transport of material. This would allow the applicant to load when the truck was available but would not allow them to cut and prep after 5 p.m. Commissioner Prante said she would close operation on Sunday and allow loading until 9 p.m. The Board decided to defer this decision until 11 a.m. on Monday July 30, 1990, and that no further written or oral testimony would be accepted. 5. SHERIFFS DEPARTMENT LABOR AGREEMENT SETTLEMENT Sheriff Darrell Davidson reported to the Board on the recent settlement with the Sheriff's Association. He said the salary increase would be 4% the first year and CPI the second year within 4-6%. Certificate pay would go from the current $100/$200 to $110/$220. Longevity pay would change from $30 PAGE 7 MINUTES: 7/18/90 104 - 11.54 to $31.50 the first year and $33.00 the second year. Long term disability would be the same as other County employees. Life insurance would remain the same this year and would go to what other county employees had the second year. The health insurance would be the same as the rest of the County employees. He said he felt they were within the budgeted amount approved for this year. He said he needed an okay from the Commissioners, so they could proceed with the payroll. PRANTE: I would move that we proceed with the agreement presented by Sheriff Davidson for payroll. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 6. PUBLIC HEARING ON ORDINANCES 90-026 AND 90-027 CHANGING ZONING ON 11.2 ACRE PARCEL EAST OF SHOPKO FROM LIGHT INDUSTRIAL TO HIGHWAY COMMERCIAL Before the Board was a public hearing on Ordinances 90-026 and 90-027, a plan amendment and zone change on a 11.2-acre parcel from Light Industrial to Highway Commercial. Paul Blikstad said the parcel was adjacent to Shopko, and the hearings officer had recommended approval. No appeals were submitted and no comments were received from LCDC. Chair Throop opened the public hearing. Bob Lovlien, attorney, said he had attended this public hearing in case anyone had questions about the project. There were no questions. There being no one else who wished to testify, Chair Throop closed the public hearing. MAUDLIN: I would move first and second readings of Ordinances 90-026 and 90-027 by title only. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop performed the first and second readings of Ordinances 90-026 and 90-027 by title only. PRANTE: Move adoption of 90-026 and 90-027. PAGE 8 MINUTES: 7/18/90 104 - 1155 7. 8. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PUBLIC HEARING ON ORDINANCES 90-023 AND 90-024 CHANGING ZONING OF A 2.2 ACRE PARCEL FROM STANDARD RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL TO CONVENIENCE COMMERCIAL Before the Board was a public hearing on ordinances 90-023 and 90-024 a plan amendment and zone change on a 2.2-acre parcel from Standard Residential and Neighborhood Commercial to Convenience Commercial. Paul Blikstad said the property was located 2409 Butler Market Road. He said a hearing was held May 15 before the hearings officer who recommended approval. No appeals had been received nor comments from LCDC. Chair Throop opened the public hearing. There being no one who wished to testify, Chair Throop closed the public hearing. MAUDLIN: I move first and second reading of Ordinances 90- 023 and 90-024 by title only. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop performed the first and second readings of Ordinances 90-023 and 90-024. PRANTE: Move adoption. MAUDLIN: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES RESOLUTION 90-061 INITIATING PROCEEDINGS ON PONDEROSA CASCADE SUBDIVISION LID Before the Board was signature of Resolution 90-061 initiating proceedings to improve the following roads within Ponderosa Cascade Estates: Cascade Drive, Cascade Way, Ponderosa Loop, West Cascade and East Cascade. Dave Hoerning said they had received 44 petitions out of 72 lots for a 61.1% showing of interest. He received no calls or correspondence in opposition. PAGE 9 MINUTES: 7/18/90 1.04 1156 PRANTE: Move signature of Resolution 90-061. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 9. RESOLUTION 90-063 INITIATING PROCEEDINGS ON CINDER BUTTE ESTATES WEST LID Before the Board was signature of Resolution 90-063 initiating proceedings to improve certain dedicated roads in Cinder Butte Estates, West, First Addition Subdivision including Lynch Lane, NW 25th, and Lynch Court. Dave Hoerning reported that there were 29 lots in the LID of which 21 owners signed the petition which was 72.4% of the property owners. He said this would be a small LID because the roads had been paved but had never been finished. It would entail redoing the shoulders, grooming and cleaning the pavement, blade patching, and putting on a final chip seal. MAUDLIN: I move signature of Resolution 90-063. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 10. REJECTION OF BIDS ON WARD ROAD CONSTRUCTION PROJECT Before the Board was authorization to reject the bids on the Ward Road construction project. The bids came in excessively high due to the busy season, and the possible scheduling conflict with the utility relocation. The utilities indicated they would need 60 days to complete the relocation. The Public Works Department recommended that the Board reject the bids and announce that the contract would be advertised and awarded in early December. The overall contract would still be completed prior to June 30, 1991. PRANTE: Move rejection. MAUDLIN: I second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. KWBX SUBLEASE - Postponed until July 30, 1990. PAGE 10 MINUTES: 7/18/90 104 1157 12. APPOINTMENTS TO AD HOC TRANSPORTATION ADVISORY COMMITTEE Before the Board was appointment of Karen Cacy, Veronica Zecchini, Terry Lynch, and Susan Mayea to the Ad Hoc Transportation Advisory Committee. PRANTE: Move appointment. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 13. RESOLUTION 90-060 APPROVING MANAGEMENT ASSISTANT GRANT AGREEMENT WITH ODOT FOR TRANSPORTATION PLANNING GRANT Before the Board was signature of Resolution 90-060 approving the Management Assistance Grant Agreement with the Oregon State Department of Transportation. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 14. CHAIR SIGNATURE OF MANAGEMENT ASSISTANCE_ GRANT AGREEMENT Before the Board was Chair Signature of Management Assistance Grant Agreement with State of Oregon, by and through its Department of Transportation, Public Transit Division. MAUDLIN: So moved. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 15. WEEKLY WARRANT VOUCHERS Before the Board was approval of the weekly bills in the amount of $45,160.58 and $152,263.63. PRANTE: I'll move signature upon review. MAUDLIN: Second. PAGE 11 MINUTES: 7/18/90 104 1158 16. 17. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PERSONAL SERVICES CONTRACT WITH GM AUCTION Before the Board was signature of a Personal Services Contract with GM Auction to conduct 1990 Deschutes County Auction. Susan Mayea, Commissioners' Office Manager, said that GM Auction was the low bidder. There were three bids: Deschutes Auction bid 10% of gross receipts, Dennis Turman came in with 7-1/2% of gross receipts, and GM Auction bid 4% of gross receipts. She said that last year the auction grossed $32,000. She said this year COCC and the Bend/LaPine School District would also be participating in the auction. She was also able to negotiate 10% of the gross from concessions, and she recommend that those funds be dedicated to the Residential Assistance Program. MAUDLIN: I move signature of contract with GM Auction. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES RESOLUTION 90-066 REGARDING TRANSFER OF PROPERTY TO BEND METRO PARKS Before the Board was signature of Resolution 90-066 declaring their intention to transfer real property (six lots within the City of Bend) to the Bend Metro Park and Recreation District to be used exclusively for public purposes and setting a public hearing for August 15, 1990, at 10 a.m. Commissioner Prante expressed concern that there needed to be an area for fire and safety vehicles to turn around at the end of Castlewood Drive. Rick Isham said that when Bend Metro Park and Recreation attempted to develop the parcels, the City of Bend would require a complete development plan. Rick said that the County could communicate to Bend Metro Park and Recreation that, as a condition on the transfer, they would need to resolve the safety issue on Castlewood Drive. PRANTE: I will move signature of Resolution 90-066. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 12 MINUTES: 7/18/90 104 - 1159 18. RESOLUTION 90-067 APPROPRIATIONS TRANSFER NUNC PRO TUNC Before the Board was signature of Resolution 90-067 transferring appropriations within various funds of the 1989- 90 Deschutes County Budget and directing entries nunc pro tunc June 30, 1990. PRANTE: I move signature of Resolution 90-067. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 19. EAGLE ROCK SUBDIVISION Rick Isham reported that later in the day, he wanted to get the Board's signature on the mylar, acceptance of the trail easement, and conservation easement for Gunsner's Eagle Rock subdivision along the Deschutes River. The Board had approved signature of these documents at an earlier meeting. Rick Isham said there had been a change in the park dedication deed. In the event the park reverted as a result of failure of some of the conditions, it would revert to Deschutes County, which would then be steward of the park property. Chair Throop adjourned the Deschutes County Board of Commissioners meeting. Chair Throop convened as the Governing Body of the Deschutes County Extension and 4-H Service District. 20. RESOLUTION 90-068 APPROPRIATIONS TRANSFER NUNC PRO TUNC Before the Board was signature of Resolution 90-068 transferring appropriations within the 1989-90 Deschutes County Extension and 4-H Service District Budget, nunc pro tunc June 30, 1990. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 13 MINUTES: 7/18/90 104 q 1160 DESCHUTES COUNTY BOARD OF COMMISSIONERS Lois Br' tow Prante, Commissioner Tom Throop,` Chair Dic Maudlin, Commissioner BOCC:alb PAGE 14 MINUTES: 7/18/90