Loading...
1992-14300-Minutes for Meeting April 15,1992 Recorded 4/27/199292-14300 0115aP0243 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 2 AP P% Pi'1 3:"4 April 15, 1992 ('Ji'd4i C!!: Chairman Maudlin called the meeting to order at 10 a.m. Board members in attendance were: Dick Maudlin, Tom Throop, and Nancy Pope Schlangen. Also present were: Rick Isham, County Counsel; George Read, Planning Director; Mike Maier, County Administrator; Patsy Hovick, Planner; Susan Mayea, Office Manager; Kevin Harrison, Planner; and Bruce White, Assistant County Counsel. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Mental Health Services Subcontract with the Residential Assistance Program to provide residential services, vocational services, and vocational transportation services; #2, appointment of Lesley Eastwood to the 4-H Extension Service District Advisory Council; #3, signature of Order 92-035 establishing the road name of Smokey Ridge Road; and #4, approval of paid compensation for after hours on-call crisis services. SCHLANGEN: I move approval of the consent agenda. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. MP -91-53 FOR THE WALLACES Before the Board was signature of MP -91-53 dividing a 39.57 acre parcel at 62862 Stenkamp Road into parcels of 19.77 and 19.80 acres in an EFU-20 zone. Patsy Hovick said non-farm parcels were being created. There were no water rights on this property, and the soil was classified as 7 and 8. SCHLANGEN: Move signature of MP -91-53. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES 'w=vp HED MAUDLIN: YES PAGE 1 MINUTES: 4-15-92 3. 4. 5. 0115-(1244 ACCOUNTS PAYABLE VOUCHERS Before the Board were accounts payable vouchers in the amount of $289,239.61. THROOP: I'll move approval subject to review. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CONSENT & WAIVER FOR CONSEP MEMBRANES Before the Board was signature of Consent and Waiver for Consep Membrane. Rick Isham said that job creation was a condition of the Consep Membrane loan, and waiving that condition would authorize Consep Membrane to make a stock offering. The largest stock holder, which was Bend Research, had agreed to the offering of a $10 million stock issue to recapitalize the company. In order to do that, they needed the County's approval and to have the job creation default waived. Chairman Maudlin said he felt the job creation issue was closed when the County paid back the Oregon Economic Development Department for those jobs which were not created. Commissioner Throop asked if there was any risk to the County in signing this document. Rick Isham said the County was fully secured in the property, and therefore the County was not at risk in terms of the operation of the company. THROOP: I'll move signature of the Consent and Waiver for Consep Membrane and do so with great enthusiasm. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES RESOLUTION 92-028 SPECIAL TRANSPORTATION FUND APPROPRIATION Before the Board was signature of Resolution 92-028 appropriating new grant funds from the Oregon State Department of Transportation (ODOT), Public Transit Division, to the Special Transportation Fund of the Deschutes County Budget. Deschutes County received a $105,900 capital assistance grant from ODOT for the purchase of vehicles to provide special transportation services. PAGE 2 MINUTES: 4-15-92 0115-0245 Susan Mayea said the grant was used for new vehicles for the Bend Dial -a -ride program, and a new van for the Residential Assistance Program. The State could not pay the vendor directly, so the money had to come to the County. Therefore the County needed to appropriate $105,900 into the STF fund, Special Equipment line. She received a call from the State regarding this year's round of grant requests, and the State said the County had received approval on all three requested grants, except for one vehicle for COCOA. These grants would amount to about $173,000 in the upcoming fiscal year. THROOP: I'll move signature of the resolution. SCHLANGEN: I'll second it. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 6. RESOLUTION 92-026 TRANSFERRING APPROPRIATIONS Before the Board was signature of Resolution 92-026 transferring $52,972 in appropriations within various funds of the Deschutes County budget. THROOP: I'll move signature of the Resolution authorizing transfer of the appropriation. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 7. ORDER 92-038 TRANSFERRING CASH Before the Board was signature of Order 92-038 transferring cash in the amount of $562,000 within various funds of the Deschutes County budget. SCHLANGEN: I move signature of Oregon 92-038. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 8. TAX REFUND ORDERS 92-036 AND 92-037 Before the Board was signature of tax refund Order 092-036 authorizing the refund of taxes pursuant to the Board of PAGE 3 MINUTES: 4-15-92 01150-0246 Equalization orders. It would authorize $233,945.34 from the unsegregated tax account and $29.65 from the County Assessment and Taxation Fund. Order 92-037 authorized refunds for overpayment of taxes from the unsegregated tax account in the amount of $793.58 and from the County Assessment and Taxation Fund in the amount of $7.72. Rick Isham said there would be another refund order coming to the Board for refunds resulting from the Board of Equalization since the Assessor's office was not finished with all of them. THROOP: I'll move signature of tax refund order 92-036 and then also Order 92-037. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 9. RESOLUTION 92-029 AUTHORIZING BOND ANTICIPATION NOTES Before the Board was signature of Resolution 92-029 authorizing issuance of bond anticipation notes with expenditures to be repaid with reimbursement bonds in the amount of $470,000. Rick Isham had discussed this issue with the Board at their April 8, 1992, meeting and received Board approval to proceed. MAUDLIN: I would entertain a motion for signature of Resolution 92-029. SCHLANGEN: So moved. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. MODIFICATION OF VACATION USAGE IN SHERIFFS DEPARTMENT Mike Maier came before the Board with a request from the Sheriff to modify vacation usage for non -association supervisors. They were currently allowed to accrue a maximum of 360 hours of vacation leave for those who worked a 5-8 or 4-10 schedule. Those who worked a 4-12 plan were allowed a maximum of 450 hours. The sheriff was requesting to be able to remove any hours in excess of the two maximums on a monthly basis. With the current annual deadline, they always had a number of people who were at the maximum and had to request vacation during the months of November and December, which PAGE 4 MINUTES: 4-15-92 0115-024'7 often required the department to operate short-handed. Mike Maier said he recommended that the Sheriff request this policy exception so it could be administered on a monthly basis. He didn't feel this change would have any effect on the rest of the County. He said last January there were "at least a half a dozen people who lost at least a week or more of vacation." The Board agreed to this policy change. 11. STAFF FOR ACUTE CARE CENTER Before the Board was a request from the Mental Health Department to hire an Resident Manager for the Acute Care Center. The salary would be paid out of a State grant which had been approved for the remainder of this fiscal year and the next fiscal year. The salary range would be $1128-$1513. They had researched other counties and found this range was "right in the ball park." He wanted the Board's permission to have Vance Jacobson review it also. THROOP: I'll move the latitude to hire the employee that's paid for exclusively with outside funds. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 12. NOISE VARIANCE REQUEST FROM BEND AGGREGATE Commissioner Throop suggested that a member of the Board call Bend Aggregate and tell them there was a tremendous amount of neighborhood opposition, and that they should do some communicating with their neighbors before the public hearing. Rick Isham said Jim Curl couldn't tell him the exact time frame when they would be operating or whether it would be a continuous project. Therefore the time frame in the announcement was for a "worst case" situation. Commissioner Throop had been told that the start up of the machine was the noise problem, and if it was started up at 3 a.m., nobody would be able to go back to sleep. Rick Isham said the County's ordinance did not allow the operation of heavy equipment between 10 p.m. and 7 a.m. without a variance. The County standards for issuing a variance were the same as the state standards, i.e. if it was under the control of the business to operate during the allowed time period, the variance would not be approved. Bend Aggregate would have to show there was a real need to operate outside of the allowed time period. Bend Aggregate was saying that in order for them to provide what was needed, when it was needed, they would have to work outside of the allowed hours. Commissioner PAGE 5 MINUTES: 4-15-92 0115-0248 Throop said the Board did not have to approve the variance if the public opinion demonstrated to the Board that it was not in the community interest to grant the variance. He agreed to contact Bend Aggregate about working with the neighborhood regarding their concerns. Chairman Maudlin pointed out that most of the people interviewed on television about this project didn't say anything about a noise problem. 13. UPDATE ON JAIL SITE Rick Isham said the public meeting notices had been sent out announcing a public meeting on the jail site for 5:30 p.m. on April 21. The earnest money agreement was accepted by the owner of the property. He hired Dana Bratton to do a review of the property's value, and Environmental Consultants Inc. to do a level 1 study of the property to make sure it was not polluted. He was also having W.H. & Pacific do a very limited civil engineering feasibility examination of the site and review of the records to assure the County there were no civil engineering problems. They were also going to review the location and the size of the sewer and water line which accessed the site. For the public meeting, they were trying to anticipate common questions (i.e. view from highway, what it would look like, what would the access be, lighting), and formulate responses in a written document. George Read asked for guidance (see attachment) from the Board on how to proceed with the land use actions which would be necessary to site a jail on the subject property (Highway 20 across from the Mountain View Mall and west of the State Police Office) which was currently zoned IL, and the adjoining parcel which the County was interested in purchasing which was zoned SR -2 1/2. The Board asked George Read to proceed with the text amendment on the primary property zoned IL, and asked Legal Counsel to proceed with the plan amendment and zone change for the adjoining parcel. Rick Isham said these would all be reimbursable expenses, and he would probably get some outside help with the plan amendment and zone change work. Chairman Maudlin adjourned the meeting of the Deschutes County Board of Commissioners and convened the meeting as the governing body for the Deschutes County 9-1-1 County Service District. 14. RESOLUTION 92-027 TRANSFERRING APPROPRIATIONS Before the Board was signature of Resolution 92-027 transferring appropriations in the amount of $96,200 within various funds of the Deschutes County 9-1-1 County Service District budget. PAGE 6 MINUTES: 4-15-92 0115-0249 THROOP: I'll move signature of the resolution. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin adjourned the meeting of the Deschutes County 9-1-1 County Service District and convened the meeting as the governing body of the Black Butte Ranch Service District. 15. REVISED AND AMENDED MEMORANDUM OF UNDERSTANDING Before the Board was signature of a Revised and Amended Memorandum of Understanding with the Black Butte Ranch Association and the Black Butte Ranch Service District Managing Board. Rick Isham said the previous agreement contained language that if the Service District decided to have their personnel work handled by the County, the County would provide that service at no cost. This amended Memorandum of Understanding said that the County would provide the service at the County's cost of providing the service. THROOP: I will move signature of the MOU and revised exhibit A with Black Butte Ranch Service District. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin adjourned the meeting of the governing body of the Black Butte Ranch Service District. Chairman Maudlin convened the meeting of the Deschutes County Board of Commissioners at 2:30 p.m. Board members in attendance were: Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Bruce White, Assistant Legal Counsel; Kevin Harrison, Senior Planner; and George Read, Planning Director. 16. FOREST LANDS ORDINANCES AND DESTINATION RESORT MAPPING Before the Board was signature of Ordinance 92-024 amending PL -20, the Deschutes County Year 2000 Plan, to adopt text and goals and policies concerning Forest Lands; Ordinance 92-025 adopting Title 18, Deschutes County Zoning Ordinance, to implement the LCDC Forest Rule; Ordinance 92-026 amending Title 18 of the Deschutes County Code to amend zoning maps PAGE 7 MINUTES: 4-15-92 0115-0250 designating Forest Lands; Ordinance 92-029 amending PL -20, the Deschutes County Year 2000 Plan, to amend goals and policies regarding siting of destination resorts; Ordinance 92-030 amending PL -20 to amend the map allowing for the siting of destination resorts on certain lands in Deschutes County; Ordinance 92-031 amending Title 18 of the Deschutes County Code to amend maps zoning for destination resorts; and Ordinance 92-032 amending Title 18 of the Deschutes County Code regarding the siting of destination resorts. Kevin Harrison explained to parcelized for a non -forest was no provision for a non-: He said to take 160 acre mal the center of that square a subject property, and count square. You either had to square which were also zone and 11 had to do with the qui to be submitted by the appl language came directly for the Board how a property could be dwelling in the F-2 zone (there sorest dwelling in the F-1 zone). (1/2 mile by 1/2 mile) and take nd place it on the center of the the number of parcels within the count 7 or 11 parcels within the I F-2. The distinction between 7 ility of the soil which would have icant. Kevin Harrison said this :he State rule. Chairman Maudlin remarked that he couldn't find any place in Deschutes County where the test allowing non -forest dwellings could be met. Kevin Harrison said they had reviewed the Skyliner Subdivision and all of them would qualify under the parcelization test. He said HanV Park would also qualify. Chairman Maudlin said these afeas already qualified. Commissioner Throop said that without this parcelization provision, they would not qualify under these new ordinances. He said LCDC tested a number of different models, and this was the model which, through the public hearing process, the majority of participants felt would produce the results they wanted. George Read said there were numerous parcels which would qualify for a non -forest dwelling under this grid test, especially since the predominant lot size in the F-2 zone was less than 160 acres. Chairman Maudlin asked if someone had an 80 -acre parcel completely surrounded by U.S. Forest Service land, would it qualify? Kevin Harrison said where parcelization would not work for a property was when the parcel was very large so the grid would not extend beyond the boundary of the subject property, or where the property was isolated, i.e. surrounded by U.S. Forest Service lands or large parcels. Chairman Maudlin asked about the Gilchrist Ranch which was partially zoned F-1 but didn't have any trees. He didn't see how they could provide a forest plan if they couldn't show there was some productivity. Kevin Harrison said that if a person wanted to site a home in the portion zoned EFU-80, they PAGE 8 MINUTES: 4-15-92 0115-0251 would have to comply with the EFU zoning standards; if they wanted to place a house in the F-1 zone, they would have to comply with those standards. There was a provision for a forest management dwelling on an existing parcel, so it was theoretically possible for them to apply to build a house on the F-1 property, and submit a forest management plan for the entire property, i.e. meadows, pasture. Commissioner Throop said the Board and the staff went through these ordinances in "laborious detail" on Monday, the Board gave staff directions on any changes they wanted, and these ordinances were the results of that direction for final adoption today. He felt the only staff report that the Board needed was to confirm that the ordinances had been altered as directed by the Board on Monday. Commissioner Schlangen said she would like the changes made by staff since the Monday work session pointed out on the new ordinances. Kevin Harrison continued that Ordinance 92-024 amended the forest lands section of the Comprehensive Plan and there were no changes made from the Planning Commission's recommendation. Ordinance 92-025 amended the test of the County Zoning Ordinance to implement the new F-1 and F-2 zones, and make changes to the definition section of the ordinance, and other minor housekeeping changes. The provisions for "fee hunting lodges" were deleted as requested by the Board. Ordinance 92-026 amended the zoning map to show the F-1 and F-2 zones. Sun Village Property was zoned F-2, the Brice property was zoned F-1, Kaptor's property was zoned F-1, Crown property in Section 21 was zoned F-2, Crown property in Section 22 was zoned F-1, and Crown Bull Springs property was zoned F-1. Then the Board was shown the maps indicating all the area in the County zoned for forest use and the differentiation between the F-1 and F-2 zones. There was one map showing the entire county and three maps giving a more detailed view of different sections. These maps would be adopted by Ordinance 92-026. The destination resort map would be adopted by 92- 030. SCHLANGEN: I move first and second reading of Ordinance 92-024 by title only. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-024 by title only. THROOP: Move adoption. PAGE 9 MINUTES: 4-15-92 01.15-0252 SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES SCHLANGEN: I move first and second reading of Ordinance 92-025 by title only. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-025 by title only. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES SCHLANGEN: I move first and second reading of Ordinance 92-026 by title only. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-026 by title only. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES SCHLANGEN: I move first and second readings of Ordinance 92-029 by title only. THROOP: Second the motion. PAGE 10 MINUTES: 4-15-92 0115-0253 VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-029 by title only. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES MAUDLIN: Entertain a motion for Ordinance 92-030 by title only. SCHLANGEN: So moved. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-030 by title only. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES SCHLANGEN: I move first and second reading of Ordinance 92-031 by title only. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-031 by title only. THROOP: Move adoption. SCHLANGEN: Second. PAGE 11 MINUTES: 4-15-92 0115-0254 VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES SCHLANGEN: I move first and second reading of Ordinance 92-032 by title only. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-032 by title only. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES The Commissioners congratulated the staff for their Herculean efforts on this Forest Lands package. DATED this �Jp'day of Q, 1992, by the Board of Commissioners of Deschutes Coun , Or Tom oop, issiqtier AT S /" Nancy Po a ch angen, Commiss'oner Recording Secretary Dick Maudlin, airman PAGE 12 MINUTES: 4-15-92 k -T E S f-, 0115-0255 Community Development Department Administration Bldg. / 1130 N.W. Harriman / Bend, Oregon 97701 --� MEMORANDUM (503) 388-6575 To: Board of County Commissioners Planning Division Rick Isham, County Legal Counsel Building Safety Division Karen Green, Director, CDD Environmental Health Division From: George J. Read, Planning Director Date: April 15, 1992 Subject: Jail Site It appears that the new jail site may require significant land use regulation modifications in order to be approved. Currently I see three basic problems with the siting of a jail on the subject property. 1. Jails are not specifically listed in Title 19 of the County Code, the Bend Urban Area Zoning Ordinance. The closest use I can find would be "public buildings". Public buildings are allowed outright in the highway commercial and general industrial zone. Public buildings are not allowed outright or conditionally in the IL zone. There are no other uses which I have found that are similar to a jail. Public buildings are not defined in the Code. Based upon my interpretation of the present zone a jail is not an allowed use. 2. It is my understanding that there is a potential to include a parcel to the west of the subject parcel which is zoned SR -2 1/2. Public buildings or similar facilities to a jail are not an allowed use in the SR -2 1/2 zone. The purpose of the SR -2 1/2 zone is "to encourage, accomodate, maintain and protect large suburban type residential developments in areas without community services in suburban areas or in areas which, because of location and physical characteristics, are well suited for such development". A jail facility could be determined to be inconsistent with the purpose of the SR -2 1/2 zone. 3. It is my understanding that the county is under a strict timeline to proceed with the jail siting process. Applications for ordinance amendments and potential re -zoning Jail Site April 15, 1992 Page 1 Oil 5-004 M r are not easy to prepare or review. Our general timeline for such things is 90 days. There are two basic parts of this review which include the preparation and filing of the burden of proof statement and application, and the review of the application. Our role is the review of application. An application would need to be prepared by someone outside of the Planning Division so that we maintain our normal neutral role in the review process. There are several potential solutions to the problems outlined above. These include: 1. Ordinance Text Amendment. It is possible to amend the text of the Code to allow the jail as a use. This would be done by taking such a proposal to the Urban Area Planning Commission and forwarding the recommendation to the Board of County Commissioners for a hearing. Since the Urban Area Planning Commission meets for a special meeting on April 27th it may be possible to get on the agenda at that time for the ordinance text amendment. I would suggest an ordinance text amendment which allows public buildings as an outright use in the IL zone. Further, public buildings should be defined by the ordinance to include jails. A public hearing could be held by the Board approximately two weeks after the Planning Commission is recommendation (May 13th). 2. In my opinion, the SR -2 1/2 parcel poses significant problems. Amending the text of the ordinance to allow public buildings, including jails, could be found to be inconsistent with the purpose of the zone. This could create problems if the jail siting is controversial and the text amendment is appealed beyond the Board of Commissioners. However, this is a simple solution which may be justifiable and could be decided concurrent with the IL text change. 3. Another solution would be to change the zoning on the subject property. This would require both a comprehensive plan amendment and zone change for the subject property. This would required a significant amount of work to prepare the application. It may be possible to rezone the property since sewer and water is now available. However, it may make sense to wait to rezone the property until the time it is annexed to the City. This is the logical time for rezoning the property. If the jail could be designed without the SR -2 1/2 property in its initial phase this would significantly expedite the process. The fastest we could process a plan amendment and zone change is 60 to 70 days. The Planning Division seeks Board direction on this issue. If you have any questions, please let me know. Thank you. GJR/mjz Jail Site April 15, 1992 Page 2