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1992-41383-Minutes for Meeting November 16,1992 Recorded 12/2/199292_41-1_!S3 0119-1590 MINUTES 92 D[ 9ESCi@i94i COUNTY BOARD OF COMMISSIONERS November 16, 1992 1 T` 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: Larry Rice, Public Works Director; Rick Isham, County Counsel; Dave Leslie, Planner; Frank Moore, Mental Health Director; Tom Blust, County Engineer; Brad Chalfant, Property Manager; and Karen Green, Community Development Director. 1. PUBLIC HEARING: ORDER 92-132 ON RIVERWOODS DRIVE LID Before the Board was a public hearing concerning Order 92-132 certifying the assessments for road improvements on property in Riverwoods Drive Local Improvement District. Tom Blust said that at the Board's November 4 meeting, the Engineer's Assessment Report was accepted on this LID and the hearing date was set. This LID was one of the two LIDs in which the project costs came in over the original estimates. The Public Works Director recommended that the County "stick with the original assessment" of $3,269.23 per lot for each of the 26 lots in this LID. The rate of interest to be charged on unpaid assessments would be 9% which would take affect thirty days following the certification of the assessments. Chairman Maudlin opened the public hearing for testimony. Mike Rutledge, 18624 Riverwoods Drive, Bend, asked what period of time they would have to make their payments. Rick Isham said the standard term was ten years at 9% with semi-annual payments. Charlie Ercolin, 2182 Wonderview, Gresham, asked whether there was supposed to be two access points into each lot? Chairman Maudlin said that if Mr. Ercolin wanted another access to his property, he would have to apply for another access through the Public Works Department. He pointed out that the number of access points to a lot had no bearing on the charges for the LID. Chairman Maudlin closed the public hearing. THROOP: I'll move approval of Order 92-132 as proposed by staff. SCHLANGEN: Second the motion. PAGE 1 MINUTES: 11/16/92 1 , 0119-1591 VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. PUBLIC HEARING: ORDER 92-131 CONCERNING SUNNY ACRES LID Before the Board was a public hearing certifying the assessments for road improvements on property in Sunny Acres Local Improvement District. Tom Blust said this was the second LID in which the total project costs came in over the estimated costs, and they were proposing an assessment based upon the original estimated cost was $6,551.79 for each of the fourteen lots within the LID boundary. The interest rate and payment process would be the same as the previous LID. No remonstrances had been received on this LID. Chairman Maudlin opened the public hearing. Henry Boemi, 21140 Ann Margaret Dr., Bend, expressed ignorance of what an LID was and how this process had taken place. He had received a certified letter regarding the charges being assessed on his property, however when he purchased his property last December, he was not informed that these charges were pending. The realtor said the road was going to be paved, but didn't know what the costs would be. He also felt it was inappropriate for him to be charged the same amount as other property owners when he only had 183 feet of road frontage. Chairman Maudlin said that this public hearing was the opportunity for him to remonstrate the proposed assessment. He felt that Mr. Boemi was "out of the loop" in this process because most of the work took place before he purchased the property in question. He pointed out that when 60-70% of the property owners requested that the LID be formed, a public hearing was held to hear remonstrances. Commissioner Throop also stated that the LID process was not a 100% -consent process, and asked Legal Counsel to go through the process for Mr. Boemi. Rick Isham explained the LID process and indicated that he would provide Mr. Boemi with a copy of all of the recorded documents concerning the formation of this LID, so that he could determine whether he had any action against the person from whom he purchased his property. He said that after the December 19, 1990, public hearing, the Board's order to proceed with this LID was recorded in the Clerk's Office. Ruby Hershey, 1016 NE Penn Street, Bend, said she owned a home on Overtree. She asked if she could pay the LID off in five years. Chairman Maudlin said that she could pay off the remaining balance at any time. Rick Isham said the County PAGE 2 MINUTES: 11/16/92 3. 0119-1592 Treasurer would send out a bill twice a year, and any extra payments that she would make would reduce the principal, and thereby shorten the length of the loan. Chairman Maudlin closed the public hearing. MAUDLIN: I request a motion on Order 92-131. THROOP: I'll make the motion. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PUBLIC HEARING: ORDER 92-130 CONCERNING PONDEROSA CASCADE LID Before the Board was a public hearing on Order 92-130 certifying the assessments for road improvements on property in the Ponderosa Cascade LID. Tom Blust said the project cost on this LID came in below the original estimate for a total project cost of $208,655.82 and the original estimate was $257,046.25. The Public Works Department recommended that the assessment be based on the actual project costs of $2,898 per lot for each of the 72 lots in the LID. Chairman Maudlin opened the public hearing. There being no one who wished to testify, the public hearing was closed. MAUDLIN: I request a motion on Order 92-130. SCHLANGEN: So moved. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES AMENDMENT #29 TO MENTAL HEALTH INTERGOVERNMENTAL AGREEMENT Before the Board was approval of Amendment #29 to the 1991-93 Mental Health Intergovernmental Agreement. Frank Moore said this amendment would increase funds to the Mental Health Department by $3,200. MAUDLIN: Request a motion for signature. SCHLANGEN: So moved. PAGE 3 MINUTES: 11/16/92 5. 0119-1593 THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES WILLBROS SITE PLAN FOR PIPELINE PROJECT STAGING AREA Before the Board was discussion of a possible similar use and temporary use approval of a site plan for a pipeline project staging area on 27th next to Knott Pit. Dave Leslie gave the Board a copy of the formal application from Willbros Energy for this project which had been submitted to him at 7:30 a.m. that morning, a copy of an additional letter which he received at the beginning of this hearing, a staff report, and a copy of the temporary use approval application. He recommended that the Board consider two of the three applications at this meeting: (1) for a similar use authorization and (2) for a temporary use permit. The third application was for site plan approval which he recommended deferring to a public hearing before the Hearings Officer. His staff report itemized the criteria for approval of these applications. Mr. Leslie said with respect to the "similar use" ruling, "the size, impact and character of the proposed use must be found to be similar to another permitted or conditional use" in the surface mining zone. While there were certain aspects of the proposal which seemed to fit well within a similar use, i.e. extraction of minerals and processing of minerals, there were some questions regarding the overall size of this proposal. There were over 500 employees who would be using this site, while there would only be parking for 200 vehicles. The applicant had indicated last week that the operation would curtail by the end of August, however they were now requesting that the site be used through the end of October which could possibly have traffic impacts on the High Desert Middle School. The noise impacts of the six office trailers, the parts storage, warehousing and fueling would probably not have very much off-site impact, however, the busses, heavy equipment, and trucks which would be leaving this area for the pipeline construction site would have noise impacts. Chairman Maudlin asked what the "heavy equipment" would be. Mr. Leslie said he didn't know exactly, however there would be some incidental pipe stored at this site and heavy equipment had been brought on the site since the meeting last week. The applicant had requested that they be allowed to operate at the site from 5 a.m. and were told that the ordinance standard only allowed mining operations to commence at 7 a.m. No information had been presented regarding DEQ approval, any permits or cleanup requirements for the refueling station. PAGE 4 MINUTES: 11/16/92 0119-1594 Concerning the "temporary use" approval, Mr. Leslie said there were a number of criteria in the development procedures ordinance, some of which had been met by the applicant. The "sticky point" was "that the applicant has demonstrated good and sufficient cause for such a temporary approval." His staff report outlined that "good cause" was limited to mean a situation where the applicant could not have foreseen needing the necessary permits. The hand -delivered letter which Mr. Leslie just received from the applicant indicated the time frame involved, discussion with Public Works staff, and an indication that until FERC had approved the site, applications could not be submitted to the County. He said there was a question as to whether the County needed to sign on as an applicant in this case since the property was owned by the County. Mr. Leslie said there were on-going activities at the requested site. His memo outlined permit conditions that staff recommended should the Board choose to approve a temporary use. He wasn't certain what road improvements would be recommended by Public Works for this site, however staff recommended that all the conditions of approval be made very quickly and prior to any further expansion of the area. Commissioner Schlangen asked if any documentation had been submitted regarding DEQ or FERC approval. Mr. Leslie said there had not, however he felt there had been a FERC approval. Commissioner Schlangen asked if the area being used for parking had been graveled. Mr. Leslie said it had not, however there had been some alteration of the site from the activities of the Bend Aeromodelers who had previously used the site. Chairman Maudlin asked why Mr. Leslie recommended setting up a hearing before the Hearings Officer on the site plan. Mr. Leslie said for final approval of a site plan, the County would have to look at all of the standards and operating requirements in the surface mining zone. That would require public notice and an opportunity for comment and review by the public, other county departments, and outside agencies like DEQ which might have a role in permitting the fuel tanks. If the Board chose to make a finding that the applicant's proposal was a similar use and approve a temporary use permit subject to conditions, the applicant would be able to move forward immediately. Chairman Maudlin asked what would happen if the Hearings Officer denied the site plan? Mr. Leslie said he would assume the applicant would appeal that decision to the Board of Commissioners. He mentioned that last week staff was in error when it was reported that there was notice provided for appeal of a temporary use permit. There was a statement in the development procedures ordinance that a PAGE 5 MINUTES: 11/16/92 0119-1595 temporary use permit could not be appealed. So the only possible public appeal would be of the final site plan review application. He said he would not characterize any of his presentation recommendations as an approval of these applications. Staff had been directed by the Board "to look as hard as we could to overturn any stone that would uncover a way to approve these applications and felt last week that we were clearly moving in a direction that looked favorable for the applicant." Upon learning additional information, i.e. the scope of the project, the number of employees, and the duration of the project, he felt there were some difficulties in approving these applications. For approval of a temporary use permit there was language which spoke to only approving those portions of a request that were needed at this time, however he didn't feel the applicant had clearly separated out those activities which might occur at a later date versus those activities which were absolutely necessary over the next 45 days. Commissioner Throop said that the "target seemed to be moving" since originally they were told there would be a couple of trailers used for offices, and then he was informed there would be 400 employees, and now the application said there would be 500 employees. Also they had stated the site would only be needed through August 31 and now they were saying October 31. Mr. Leslie said he assumed the "target" had stopped with the written applications which had been submitted. Commissioner Throop asked if the applicant had responded when told they couldn't legally start operation until 7 a.m.? Mr. Leslie said it had been briefly discussed last Tuesday afternoon. Chairman Maudlin asked what the hours of "operation" meant as opposed to the work hours which were 7 a.m. to 5 p.m. Mr. Leslie said he had assumed that people would arrive at the site earlier and leave later than the actual work hours. Commission Throop asked whether staff felt that some incidental activity prior to 7 a.m. would be okay, while an "onslaught of 200 cars or 500 people" would not be okay. Mr. Leslie said it was his understanding that the origin of this restriction was the County's noise ordinance which discussed operation in two distinct time periods: those between 7 a.m. and 10 p.m. and those from 10 p.m. to 7 a.m. Currently industrial operations like Bend Aggregate and Deschutes Ready - Mix Sand and Gravel, had employees arriving at the site prior to the hours of operation of the site at 7 a.m. He didn't know of anything which would prohibit the "public use of a public road" to a site prior to 7 a.m. The incidental use of an office trailer prior to 7 a.m. would probably not create noise which would disturb the repose of someone sleeping off the site. Commissioner Throop asked about cars carrying up to PAGE 6 MINUTES: 11/16/92 0119-1599 500 people and buses moving in and out. Mr. Leslie said that would run into a conflict. Commissioner Throop asked if the applicant had stated they wouldn't conduct that type of activity prior to 7 a.m. and Mr. Leslie said no. Commissioner Throop asked whether the application which had been submitted was complete and approvable? Mr. Leslie said "we're very close." The procedures ordinance recognized that additional information might be needed at a later date. The hand -delivered letter filled in some of the gaps for the temporary use application. Commissioner Throop asked if the applicant had had an opportunity to comment on the staff recommendations? Mr. Leslie said they had not. Commissioner Throop felt that DEQ approval should also be a condition, and Mr. Leslie agreed. Commissioner Throop said he was surprised to hear there were already operations at this site when there hadn't been a land use permit issued or a lease signed. Mr. Rice said they were moving in and out of the site with vehicles, and there had been some work done on the site even though Brad Chalfant had limited their use of the site to what they had already started when they first appeared before the Board last Tuesday. Chairman Maudlin thought a couple of buildings had been placed on the site before the issue had even been brought to the Board. Mr. Rice agreed. He said nobody at Public Works told them they could take over the site. Commissioner Throop questioned whether this was really the "kind of tenant we want?" Chairman Maudlin said the work on the pipeline was going to be done, and there had to be a staging area of this type within three miles of the city limits. He felt there would be these problems no matter where the staging area was located. Not allowing use of this site would push the project even further into the school year which would create more problems. He felt the County should give them a permit until the end of September, and if they felt they needed to be there longer, then they could start looking for another staging area which would be more satisfactory. Mr. Rice said the entrance to the proposed site was located between the two entrances to the school, and he didn't see the location of the entrance being a big problem for the school buses. Commissioner Schlangen agreed with Chairman Maudlin that the County needed to go ahead with the approval, however she felt "walked over" by the applicant. Commissioner Throop said that the County would have to have a complete application which addressed the standards and criteria before any application could be approved. PAGE 7 MINUTES: 11/16/92 0119-159'7 Brad Chalfant said that at the meeting with the applicant last Monday, prior to coming before the Board, the applicant said they had equipment on the site. He told them not to bring any more equipment on the site, however they did not need to remove any equipment from the site pending resolution of the issue by the Board. He had no knowledge of whether any more equipment had been brought onto the site since then. The lease was close to being ready for the applicant's review. If the Board signed off on the permits at this meeting, the applicants would still not be authorized to act on that property until the lease was signed. Commissioner Throop asked whether any staff members had knowledge of whether any additional equipment or materials had been brought onto the site after the applicants were specifically told by the Property Manager not to do so? Karen Green said she was at or near the site a couple of times over the weekend and did personally witness heavy trucks being brought onto the site on Saturday. They were left on the site during the time when she was near the site. Brad Chalfant said it was conceivable that, based upon the discussion by the Board at last Tuesday's meeting, the applicants left the meeting thinking "they had agreement from the County." However he did not know that to be the case. Commissioner Throop asked what it would take to have a completed application for the County to consider. Dave Leslie said some of the items he had brought up needed to be addressed by the applicant, i.e. impact with traffic, discrepancy in the hours, FERC and DEQ approval. Commissioner Schlangen asked if they had applied for electrical or plumbing permits yet, and Mr. Leslie said no. Chairman Maudlin said they would not do that until they received a temporary use permit. Commissioner Throop said the County would also need written information regarding the criteria for a temporary use permit. Mr. Leslie said the Board could make a finding that good and sufficient cause existed based on the letter delivered that morning which would take care of the criteria for a temporary use permit. Mr. Leslie also mentioned the need for more information on the discrepancy in the number of employee parking spaces compared to the number of employees. There would also need to be a determination of the improvement level needed for the parking area and access roadway. Larry Rice said the applicants would probably have to clear the area and put gravel (4" of crushed rock) on the parking site. At the intersection of 27th, he would want a paved, blacktop apron to keep the gravel off the main road. Therefore, from the edge of the road in to the property line, there should be a blacktop apron. PAGE 8 MINUTES: 11/16/92 0119-1598 Commissioner Throop said the information discussed would have to be presented to the County before the Board could approve a temporary use. Rick Isham said that in order to approve a temporary use, the County had to have the applications deemed complete and acceptable for processing. Commissioner Schlangen said she would feel more comfortable waiting until the following week to take action. Commissioner Throop asked that staff try to prepare a draft decision with conditions and provide it to the applicant and the Board before next Wednesday. Mr. Leslie said he would work on that. The Board postponed these issues until the following Wednesday, November 25, 1992, to allow the applicant time to provide more information. 6. AWARD OF BID FOR CAB AND CHASSIS Before the Board was award of bid for the purchase of a Cab and Chassis Truck from Stalick International, the low bidder, for $32,998. THROOP: I'll move award of the bid. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 7. SQUAW CREEK CANYON LID UPDATE Larry Rice said there had been several inquiries over the status of the proposed Squaw Creek Canyon Local Improvement District. He had Tom Blust, County Engineer, prepare a letter to be sent to all of the property owners in the proposed district. County Counsel had not had an opportunity to review the letter yet. He asked the Board to review the letter and recommend any changes. He said the letter basically informed the property owners that it had been too long since the process had started to proceed further, there were land use issues which had to be resolved, and there was still a financing concern which had to be resolved since the developer owned a large portion of the proposed district. There was also a question as to whether some of the lots were even buildable since they were in an EFU-80 zone. The Board requested that the letter include the steps which would be necessary should they want to consider forming the district in the future. PAGE 9 MINUTES: 11/16/92 0119-1599 8. TAX REFUND ORDER 92-125 Before the Board was signature of Order 92-125 refunding taxes in the amount of $587.29. THROOP: Move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 9. MP-92-16 FOR THE WALKERS Before the Board was signature of MP-92-16 dividing a 4-acre parcel in an R-2 zone on SW Yew Avenue for Bill Walker. SCHLANGEN: Move signature of MP-92-16. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. ACCOUNTS PAYABLE VOUCHERS Before the Board were weekly bills in the amount of $353,173.19. THROOP: Move approval. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 11. RIVERPOINTE STAGE A CONDOMINIUM PLAT Before the Board was signature of a condominium plat for Riverpointe Stage A on Portland Avenue for David Evans and Associates. SCHLANGEN: Move signature. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 10 MINUTES: 11/16/92 12. 13. 14. 15. 0119-1600 MP -92-45 FOR BATHA Before the Board was signature of MP -92-45 creating two 20 - acre farm parcels in an EFU-20 zone on Simon Road east of Tumalo for Vince Batha. SCHLANGEN: Move signature of MP -92-45. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES RESOLUTION 92-089 ADOPTING OFFICI_AL STATEMENT RELATING TO ISSUANCE OF JAIL BONDS Before the Board was signature of Resolution 92-089 adopting the Preliminary Official Statement relating to the issuance of General Obligation Bonds in the amount of $47 million as of December 1, 1992. THROOP: I'll move signature of the Resolution. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES REQUEST FOR WAIVER OF DUMPING FEES FOR RADEMACHER HOUSE Before the Board was a request from the Bend Development Board for a waiver of dump fees for the demolition involved in and around the Rademacher house at 910 NW Brooks Street. THROOP: I move waiver. SCHLANGEN: Second VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES REQUEST FROM SAGE FLAT FIRE VICTIM Before the Board was a request from Elizabeth Miles who lost everything in the house she rented to the Sage Flat Fire near Sisters. She was now purchasing a home in another location which needed to be enlarged and was asking the County to waive the remodeling permit fees as had been done for other fire victims who were rebuilding. The fee waiver policy had been PAGE 11 MINUTES: 11/16/92 01.9-1601 intended for fire victims who were rebuilding their homes in the same location. Chairman Maudlin suggested waiving her fees up to $100. THROOP: I'll make the Chair's motion. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DATED this 2�12j. day of Commissioners of Deschutes County, AT $ST: Recording Secretary PAGE 12 MINUTES: 11/16/92 1992, by the Board of WQmmi s s .- WAk.�& I r Ar./ Maudlifi,