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1990-27647-Minutes for Meeting September 05,1990 Recorded 9/17/199090-2'7647 1 O ~ 5NJCROrILF1'cD w q MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS September 5, 1990 9FP 2"71999 v 'r Chair Throop convened the meeting at 10:05 a.m. as the GoV6k Body of the Seventh Mountain County Service District. Boar& members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present was Rick Isham, County Legal Counsel. 1. RESOLUTION 90-088 AMENDING RESOLUTION 90-078 MAKING APPROPRIATIONS OF THE SEVENTH MOUNTAIN COUNTY SERVICE DISTRICT BUDGET FOR FY 1990-91 Before the Board was signature of Resolution 90-088 amending Section 1 of Resolution 90-078 making appropriations of the Seventh Mountain County Service District Budget for the Fiscal Year 1990-91. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop adjourned the meeting and reconvened as the Deschutes County Board of Commissioners. Also present were Karen Green, Community Development Director; Bruce White, Assistant Legal Counsel; Larry Rice, Public Works Director; Dave Hoerning, County Engineer; and Frank Moore, Mental Health Director. 2. CINDER BUTTE LID Dave Hoerning said that a public hearing on this LID had been announced for August 29, 1990, but had accidentally been left off from the Commission Meeting Agenda. In order to allow the project to go forward this year, a waiver of remonstrance and a request for road improvement project petition was signed by the property owners authorizing the estimated assessment be recorded as a lien on their property. They requested on behalf of themselves, their heirs, successors and assigns that the Board of County Commissioner order the improvement without hearing upon the request of more than 50% of the property owners benefited by the proposed road improvement. He said the petition was circulated and signed by 18 out of the 29 property owners or 62% and only a 50% response was required. Of the 29, 8 were out-of-town property owners. At the time of the originally scheduled hearing, he had not received any remonstrances in the mail. He said the County road department would trim the trees, fix the shoulders, groom and pat the pavement, and prepare it for chip sealing which would be PAGE 1 MINUTES: 9-5-90 104 1906 contracted. He submitted the petition to the Board for their acceptance and asked that they issue an order to proceed on the project. PRANTE: I would move we proceed as stipulated by Dave Hoerning and authorize signature of necessary Order. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 3. PUBLIC HEARING: ORDER 90-035 REVISING ZONING ORDINANCE CONCERNING SURFACE MINING Before the Board was a public hearing on Ordinance 90-035 amending Ordinance No. PL-15, the Deschutes County zoning Ordinance of 1979, as amended, revising provisions concerning surface mining and declaring an emergency so the ordinance would take effect upon signing. Bruce White gave the staff report and indicated that after the adoption of the surface mining ordinance, it became apparent, because of the number of surface mining impact area applications which had been submitted, that there needed to be some fine tuning on that portion of the Ordinance. The ordinance before the Board just covered the surface mining impact area. Each surface mine had a one-half mile area surrounding it called the surface mining impact area (SMIA zone). All houses or other noise or dust sensitive uses had to go through some kind of site plan review before a building permit could be issued. Bruce White said Section 1 of the ordinance was only a housekeeping reference change. Section 2 dealt with setbacks. In SM Zones there was an exception allowed when the surface miner and the adjoining land owner agreed that the 250 foot setback could be waived. There was no similar provision in the SMIA zone. They had an application recently, and they found there was no way to make an exception. It was felt that if an exception could be made which benefited the surface miner, there should be the same exception consideration for adjoining land owners. This 250 foot setback was from the surface mining activity to the adjoining noise or dust sensitive use not from the zone line. Section 3(A) defined what the outlook of the site plan should be. Section 3(E) stated that public notice would be sent not only to those required by the procedures ordinance but also to the miner. PAGE 2 MINUTES: 9-5-90 104 ~ 1907 Section 4 provided a streamlined SMIA site plan review. When a building permit was requested for a house where there were several existing houses between them and the mine, they felt there needed to be a streamlined review process since it was obvious that the dwelling would not be disturbing any existing or future surface mining site. Section 4 (11) A. stated that such uses that were more than one-quarter of a mile away with two or more intervening dwelling were presumed to meet the criteria of site plan review. Subsection C allowed a surface miner who disagreed with this decision to appeal. He said a decision would be made 10 days after the application was accepted. There would be notice to those involved of this administrative decision and their appeal rights. Commissioner Maudlin asked if these appeals would have to be on the grounds of the surface mining impact area and not just because they didn't want someone to build a house at that location, and Bruce White said yes. Chair Throop opened the public hearing. Marvin Young, 6405 NW 25th Lane in Cinder Butte Estates, testified that his application was one of those which prompted review of this ordinance. His property had adjoined a surface mining area for a number of years. He wanted to build an addition to his garage for a puttering room but was denied under the current ordinance. He felt that where there were existing dwellings, requests for changes to dwelling would not impact the operation of the surface mine. He felt this problem could have been lessened had a notice been sent to the affected property owners outlining this restriction. Commissioner Prante asked how this revision to the surface mining ordinance would affect Mr. Young's problem. Bruce White said his application would be allowed subject to agreement between Mr. Young and the adjacent surface mining owner. Commissioner Prante asked what would happen if the surface miner would not sign the agreement. Bruce White said Mr. Young would not qualify for an exception under those circumstances. Commissioner Prante felt there should be a back-up position so that a property owner was not at the mercy of a cantankerous individual when what they wanted to do was reasonable. Commissioner Throop pointed out that Deschutes County was trying to meet state law and the requirements of a state court case. He agreed with Commissioner Prante that there was merit in looking at some options for additions to existing improvements. Commissioner Maudlin expressed concern that if the Board started making changes in the ordinance, Mr. Young and others PAGE 3 MINUTES: 9-5-90 104 - 1.908 would have to wait longer to get their situations resolved. He suggested adopting the ordinance and then addressing any problems which arose. Commissioner Throop agreed with Commissioner Maudlin that the Board should go forward with this ordinance and then explore options concerning additions to existing improvements later. Mr. Young asked what his next step should be. Bruce White said he was in the process of drafting a new form he would need to get agreement with the adjoining surface mining owner. He said this ordinance would be applied retroactively to all applications accepted after the passage of the original ordinance. Commissioner Maudlin restated his desire to sign the ordinance, but questioned why there couldn't be a hearings process added if the property owner was unable to come to an agreement with the surface miner. Bruce White was concerned about how DLCD would respond to that kind of proposal. He reminded the Board that the reason Deschutes County did not get acknowledged the first time was because the County had not adequately protected surface mines from the encroachment of inconsistent noise or dust sensitive uses. Karen Green felt it was crucial that the Board adopt something that day, preferable what they had before them, since there was a number of people who had applications waiting on this amendment. She said any of the suggestions which were being made by the Board would probably create some major ramifications for the County. She said the ESEE, comp plan, rules and policies, and the surface mining ordinance were a package deal which was tied together in such a way that if you made a fairly major change, the impact would be significant. She said the amendment only asked that the homeowner do what was already required of the miner. When a miner wanted to get closer than 250 feet to an existing house, the miner had to get the owner's permission. Commissioner Throop asked what would happen to a lot which was less than 250 feet in dept if the miner refused to sign off on improvements. Karen Green said she would have to review the ordinance to answer that question. Mr. Young asked if the 250 foot setback for the miner and 250 foot setback for the property owner combined to make a 500 foot separation. Karen Green said no. It was only 250 feet in either case. To brake the 250 foot barrier, an agreement between the homeowner and the miner had to be reached. The purpose of the agreement was not only that the parties agreed but also that a mitigation arrangement would be worked out so that the miner could operate within DEQ standards. PAGE 4 MINUTES: 9-5-90 104 - 11,109 Commissioner Prante restated that she felt it was important that there be a procedure which enabled homeowners to maximize the use of their homes for their personal use. Chair Throop closed the public hearing. MAUDLIN: I move first and second reading of Ordinance 90-035 by title only. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop performed the first and second readings of Ordinance 90-035. MAUDLIN: Move adoption of Ordinance 90-035. PRANTE: Second. Commissioner Throop said he had two areas he would like to look at in the future: (1) additions to existing improvements and (2) how parcels which were entirely within the impact area were treated. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 4. LETTER OF AGREEMENT WITH DEPARTMENT OF CORRECTIONS FOR A & D PROGRAM Before the Board was signature of a Letter of Agreement with the Department of Corrections and the Deschutes County Mental Health Service. The purpose of this agreement was to subcontract federal grant and state general funds with Deschutes County Mental Health Service to provide alcohol and drug treatment aftercare. Frank Moore said the agreement was for the Powder River Correctional Facility inmates which would be discharged into the Deschutes County area. MAUDLIN: Move chair signature of letter. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 5 MINUTES: 9-5-90 104 - 19 10 5. PERSONAL SERVICES CONTRACT WITH TRANSCENTRAL PUBLIC TRANSPORTATION, INC. Before the Board was signature of a Personal Services Contract with TransCentral Public Transportation, Inc. to provide daily vocational transportation for County clients with developmental disabilities. PRANTE: Move signature of the contract. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 6. AWARD OF BID FOR PURCHASE OF AIR CURTAIN DESTRUCTOR Before the Board was award of bid to Columbia Equipment, the lowest qualified bidder, for the purchase of an air curtain destructor for $28,000. Larry Rice said this equipment forced more air into the trench when burning materials so that the burn would be faster, hotter, and would create less smoke. He said it reduced the combustible materials down to 1%-2% of original volume. Commissioner Maudlin suggested the Public Works Department investigate making this equipment and an operator available to the public for a fee which would be less than dumping the material at a landfill so that less combustible material would go into the land fills and less smoke would go into the air. MAUDLIN: Move award of the bid. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 7. AWARD OF BID FOR PURCHASE OF CAB AND CHASSIS Before the Board was award of bid to Farwest Truck Center, the lowest qualified bidder, for the purchase of a 14,500 G.V.W. cab and chassis. Larry Rice said a boom and basket would be mounted on it, and it would be used to trim trees and for other aerial work. MAUDLIN: Move acceptance of lowest qualified bidder. PRANTE: Second. PAGE 6 MINUTES: 9-5-90 104 Ig1I 8. 9. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES ACCEPTANCE OF WARRANTY DEEDS FROM OSTRANDER AND COLLIER Before the Board was acceptance of K. Ostrander and M. Thomas Collie Road. Dave Hoerning asked that Commissioners and recorded. f warranty deeds from Mary r for right of way on Ward these be accepted by the MAUDLIN: So moved. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES ORDERS 90-121 and 90-020 ACCEPTING ENGINEER'S ASSESSMENT REPORTS AND SETTING PUBLIC HEARINGS FOR LEONA LANE LID AND MEADOW LANE AND DYKE ROAD LID Before the Board was signature of Order 90-121 accepting the Engineer's Assessment Report and setting a public hearing for October 3, 1990, for the Leona Lane LID. This project was approved by Order 89-055 and the improvements were made by force account in conjunction with Meadow Lane and Dyke Road Local Improvement District. The estimate was $50,000 and the final cost was $49,596.04 for a per lot cost of $1,907.54. Also before the Board was signature of Order 90-120 accepting the Engineer's Assessment Report and setting a public hearing on the proposed assessment for the Meadow Lane an Dyke Road LID for October 3, 1990. The original estimate was $80,000, and the final cost was $77,503.67 or $1,987.27 per lot. MAUDLIN: I would move signature of Orders 90-121 and 90-120. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 10. ORDER 90-122 ACCEPTING ENGINEER'S ASSESSMENT REPORT AND SETTING PUBLIC HEARING FOR CHEYENNE ROAD AND COMMANCHE LANE LID Before the Board was Order 90-122 accepting the Engineer's Assessment Report and setting a public hearing for October 10, 1990, for Road Improvements in the Cheyenne Road and Commanche PAGE 7 MINUTES: 9-5-90 104 - 191.2 Lane LID. The total costs would be $180,061.60 for a per lot cost of $2,308.48. MAUDLIN: Move signature. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. VICTOR RUSSELL'S REQUEST TO BURN SOLID WASTE Commissioner Prante reported that she had met with Mr. Russell and an agreement had been reached. Mr. Russell would remove all of the solid waste other than the concrete and rocks which he would cover and grade and clean up the site. He would do that by September 21, 1990. He was given permission from DEQ to burn between November 15 and December 15. He would work with the local fire district and comply with DEQ stipulations. He would no longer do any dumping of any kind at this site. She said the County was going to look at the role of concrete, rocks and pavement as fill materials under certain conditions. Karen Green said the fill material issue was unanswered, and that the County's solid waste ordinance technically prohibited any kind of fill, even construction material. She said they had had a serious compliance problem with Mr. Russell in the past, and she was skeptical about whether he would comply with this agreement. She said this was only one of 200 similar current cases. She was concerned about taking this case out of the court process. Commissioner Prante said that Mr. Russell was well aware that if he didn't comply with this agreement, the County would proceed with legal action against him. Commissioner Maudlin expressed concern that there wasn't more emphasis on getting people to comply with County Ordinances instead of getting them into court. Commissioner Throop said he felt that County ordinances before going to priority of the department. He said M been a particular problem. He had l very difficult to work and appeared in law was breathing down his back." getting compliance with court was clearly the Russell, however, had seen extremely rude and court "only because the The County Enforcement Officer tried every way possible to try to resolve the issue prior to going to court. Karen Green said her department's goals were the same as the Board's--to get compliance. PAGE 8 MINUTES: 9-5-90 104 1,913 PRANTE: I will move that the agreement is supported. MAUDLIN: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 12. STATEMENT OF EXPENDITURES ON LCDC SECONDARY LAND PILOT PROGRAM GRANT Before the Board was chair signature of a Statement of Expenditures on Grant Closeout of the LCDC Secondary Land Pilot Program Grant. Karen Green said this was documentation of the County's expenses on the Secondary Land Pilot Program. PRANTE: Move chair signature of the LCDC Secondary Land Pilot Program Grant. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 13. CODE ENFORCEMENT TASK FOR REPORT This item was postponed to the September 10, 1990, work session. 14. RESOLUTION 90-084 ADOPTING THE MRCIP FOR FY 90-91 THROUGH FY 94-95 Before the Board was signature of Resolution 90-084 adopting the Deschutes County Major Roads Capital Improvement Program for fiscal year 1990-91 to fiscal year 1994-95. PRANTE: Move signature of Resolution 90-084. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 15. INDEMNITY AGREEMENT FOR THE LOBOS MOTOR CYCLE CLUB Before the Board was signature of an Indemnity Agreement for The Lobos motor cycle club for an off-road motorcycle race to be held on September 16, 1990. PAGE 9 MINUTES: 9-5-90 104 - 1.91_A MAUDLIN: I move signature of Indemnity Agreement for Lobos. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 16. EQUIPMENT LEASE ASSIGNMENT DOCUMENTS WITH BI INCORPORATED Before the Board was chair signature of equipment lease assignment documents with BI Incorporated. Rick Isham said that BI Incorporated had assigned its lease with the County to a financial institution was asking the County for approval. MAUDLIN: Move signature of equipment lease agreement. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 17. MP-90-21 FOR GARY GRUND Before the Board was signature of a minor partition MP-90-21 for Gary Grund. MAUDLIN: I move signature of MP-90-21. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 18. MP-90-27 FOR SUSAN PETERMAN Before the Board was signature of a minor partition MP-90-27 for Susan Peterman. MAUDLIN: Move signature. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 10 MINUTES: 9-5-90 104 " 191.5 19. OLCC APPLICATION Before the Board was signature of OLCC applications for Fred Meyer, Village Bar and Grill, Crane Prairie Resort, Food Value #3, Black Butte Grocery, East Lake Resort, Millican Store and Alpine Foods. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 20. ORDER 90-127 CHANGING NORTH LADERA ROAD TO LADERA ROAD Before the Board was signature of Order 90-127 changing the name of North Ladera Road to Ladera Road. PRANTE: Move signature of Order 90-127. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 21. WEEKLY WARRANT VOUCHERS Before the Board was approval of weekly bills in the amount of $260,487.97. PRANTE: Move signature upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 22. AMENDMENT #1 TO INTERGOVERNMENTAL AGREEMENT WITH AFS Before the Board was Chair signature of Amendment #1 to the intergovernmental Agreement with Adult and Family Services Division for the prosecution of public assistance and food stamp fraud cases by the County. The amendment extended the original agreement for three years and allowed for fee increases each year commencing July 1, 1990. PRANTE: Move signature. PAGE 11 MINUTES: 9-5-90 104 - 191 6 MAUDLIN: I would second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 23. CORRECTION TO AGREEMENT WITH DESCHUTES NATIONAL FOREST Before the Board was Chair signature of Correction to the Joint Financial Plan between the Deschutes County Sheriff's Department and the Deschutes National Forest. PRANTE: Move signature. MAUDLIN: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS Lis Bri tow Pra4mmissioner To~UThlrooX, Chair Di a /i4; o issioner BOCC:alb PAGE 12 MINUTES: 9-5-90