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1984-90174-Minutes for Meeting August 15,1984 Recorded 8/28/1984VOL 55 rAGE 23 AVG 28 AM 9- Qt DESCHUTES COUNTY BOARD OF COMMISSIONERS AUGUST 15, 1984 REGULAR MEETING '� l "( F ,, 0C'k�iY ���r"" Chairman Young called the meeting to order at 10:00 A.M. Commissioner Prante and Commissioner Tuttle were present. Amendments to Chairman Young read the amendments to the agenda. the Agenda There were no changes or additions. First Reading Before the Board was Ordinance No. 84-025 amending of Redmond Ordinance No. PL -18, the Redmond Urban Area Canyon Plan and Comprehensive Plan, by adoption of the Redmond Zoning Ordinance Canyon Plan and Maps. (action item) MOTION: TUTTLE moved for the first reading of Ordinance No. 84-025 by title only. PRANTE: Second VOTE: UNANIMOUS APPROVAL Chairman Young read the title of the ordinance for the first reading. Ordinance No. 84-026, amending Ordinance No. 80-201, the Redmond Urban Area Zoning Ordinance of 1980, implementing the Redmond Canyon Plan, allowing new uses in the Park Reserve Open Space Zone, and allowing lot size variances when densities are transferred was before the Board for the first reading. MOTION: PRANTE moved to read by title only. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Chairman Young read Ordinance No. 84-026 by title for the first reading. The second reading of these ordinances will be on August 29, 1984. Discussion Michael Maier, Director of Administrative Services, Regarding explained that he was contacted by a man from Tournament Redmond who was interested in the status of the City Lease lease with the Heaths for an operation called Tournament City. Mr. Maier continued that in checking on the status of the lease he discovered it was approximately 9 months in arrears. The concerned party stated that if the lease is not paid and results in a default there may not be enough time to find a new lease owner to continue the operation. Mr. Maier continued that he spoke with Mrs. Health who indicated that they will pay the lease. MEETING MINUTES - PAGE 1 a Z rAGt-J24 Richard Isham, County Counsel, explained that the County has billed the lessee over the last few years and this year the bills went out late. Mr. Isham continued that the County has allowed the Heaths to be a slow payer in the past and the lessees believed they had until September 1, 1984 to make the payment. Mr. Isham said that if they do not make that payment they will then shape up the lease. Commissioner Prante suggested establishing a procedure requiring payment be received by a certain date or leases will be in jeopardy. Chairman Young asked the audience if there was any comments. Mack Shroeder, Administrator of Central Oregon Parks and Recreation District, explained that they are interested in operating Tournament City if the lease is terminated. Lisa Powell came forward and explained that she is Linda Heath's siters and she has talked to Linda who knew nothing of this discussion. Ms. Powell stated that the lessees understood that they had until September to make the payment on the lease and they do intend to make the payment. Commissioner Tuttle suggested that Legal Counsel send the Heaths a letter indicating payment is expected on or before September 1 and future payments are expected to be made in accordance with the lease agreement. Mr. Tuttle said the Board could consider future action at a later date. Discussion with Chairman Young explained that at the time the land Ray Springer was deeded for Division Street a one -foot reserve regarding one- strip was required to control access. Chairman foot reserve Young continued that Mr. Springer is proposing a strip on development and in order to obtain access he has Division Street to get across the reserve strip. (action item) Paul Speck, representing Ray Springer, explained that the difficulty with the property on Division Street has been a long standing problem. Mr. Speck continued that one problem has been obtaining access to Division Street because of the one -foot reserve strip. Mr. Speck stated as he understands the facts, Brooks Resources deeded property to the City in 1980 on Division Street. Mr. Speck stated that the one foot reserve strip is under the County's jurisdiction and Mr. Springer's property under the City of Bend jursidiction. Mr. Speck MEETING MINUTES - PAGE 2 VOL 55?AGE32J said the City of Bend has been reluctant to grant access to Division'Street for a couple of reasons. One reason is the reservation of the deed and one the perception of the proper planning for the area. Mr. Speck stated that they disagree with the planning perception. An extension between Division and Second Street would be beneficial for traffic patterns in the area. Mr. Speck said that in the past they have received general indications from both the County and the State of Oregon that this would be beneficial. Mr. Speck continued that he read through the statutes he felt applicable and because of the fact that the one foot strip is within County jurisdiction, the County has the power of eminent domain. The County would have to make a determination that condemnation of the strip is in the public interest. Mr. Speck continued that there would be benefits to Mr. Springer because of a number of people expressing interest in this property and there is a possibility of putting a bowling center there. If there were no access on Division Street people going to the center would have to go up to Wilson, which is already a congested area. By having access from Division Street this access problem would be alleviated. Mr. speck said if the bowling alley were to not be constructed there would still be a relief to Wilson, Division, Second, and Third Street traffic problems by constructing an access across Mr. Springer's property because of the fact that there is such limited access. Mr. Speck said the purpose of being here is to open some dialouge between the County and Mr. Springer as to whether the County would be interested in doing this. Mr. Speck encouraged that the Board to exercise the power of eminent domain and said the only question is whether there will be sufficient public interest. Mr. Hudson, Director of Public Works, explained that Urania Street was to be a cul-de-sac with Springer's Development. Mr. Hudson continued that if a major facility goes in, Urania should come through because there will be major traffic tie-ups. Mr. Hudson said he has been working with various agencies trying to get the road to come through. Mr. Hudson stated that the State says that all they own and maintain is between the curbs on Division Street. The area between the curb and property falls in the County, and the road and one foot reserve strip was deeded to the County. Mr. Hudson said that he talked with DAW about releasing their rights to go across and they are against that because they want to keep the access off to prevent MEETING MINUTES - PAGE 3 s VOL 55 PAGE 326 traffic tie-ups. Mr. Hudson also spoke with John Hossick, City Planning, who feels that a traffic study would be necessary to analyze what would happen and then it would be necessary to go to the Urban Area Planning Commission and change the plan to bring Urania through. Mr. Hudson said that at that point the public interest would be there and the County could proceed. Mr. Hudson stated that the road being there would improve traffic circulation and traffic flow on Division Street. The State Highway Department says they tend to agree but they don't want to see a signal at that intersection on Division Street. MOTION: PRANTE moved to exercise the right of eminent domain and begin proceedings. TUTTLE: Second Commissioner Tuttle asked County Counsel what the process is for carrying out the intent of the motion. Richard Isham stated that the first step would be to prepare appropriate plan amendments to the Urban Area Ordinances and submit those to the Urban Area Planning Commission. A resolution will be developed declaring the necessity to acquire the property contingent upon planning approval. After planning approval, appraisals of the property, meeting with property owners, and other statutory requirements can be accomplished. VOTE: UNANIMOUS APPROVAL Signature on MOTION: TUTTLE moved to sign the contracts for Mathers Road Mathers Road L.I.D. L.I.D. PRANTE: Second Contracts VOTE: UNANIMOUS APPROVAL (action item) Award of Neil Hudson recommended awarding the contract to Contract for the low bid of R. L. Coats in the amount of Glenwood L.I.D $53,110. (action item) MOTION: TUTTLE moved to award the bid to R. L. Coats in the amount of $53,110. PRANTE: Second VOTE: UNANIMOUS APPROVAL MEETING MINUTES - PAGE 4 vot 55 PACE -127 Consideration Dave Hoerning, Public Works Engineer, explained of Public that there was a resolution by the Board of Works Commissioners on July 20, 1983 initiating this Recommendation project. The project was delayed because it to Reject Bids was early fall and by the time bids were on McGill received the project would begin during the L.I.D. winter months. Mr. Hoerning continued that bids (action item) were received and the low bid received was from R. L. Coats at $62,450. The remonstrated amount was $50,000 including bonding fees, work assessed for County for ten year payments, and engineering. The low bid of $62,450 including bonding fees and engineering would raise the price of the contract to $71,850. Mr. Hoerning stated that he talked with Mr. McGill and Mr. Baxtrum who felt the amount was high and are here to speak to the Board. Sid McGill, Operator of Deschutes Memorial Gardens, explained that there is a safety problem turning into the cemetery. Mr. McGill said that he has been working on this for a number of years. Part of this work was getting the highway widened. In 1982 they were prepared to start paving the road, but at that time the climate was not right for an L.I.D. In the fall of 1982 he began the process of the L.I.D. The Public Works Department estimated the project would cost approximately $50,000 and that amount was budgeted. Mr. McGill stated that the bids came in high and it is not economically feasible for him to proceed with the project. Mr. McGill stated that the traffic hazard there is a public situation because it is a public place. Mr. Hoerning explained.that the original plans were prepared by Bernie Sutton but found that there had not been a permit issued for the new access point. There are certain requirements from the State on the grade and they required a deceleration lane so the plans had to be changed slightly. Mr. Hoerning stated that the prevailing wages were increased twice since the last bids causing the latest bids to increase. Mr. Hoerning stated that possibly the County could go to the State for some type of extension. MOTION: PRANTE moved for a special meeting on Monday, August 20, 1984 at 10:00 A.M. TUTTLE: Second VOTE: UNANIMOUS APPROVAL MEETING MINUTES - PAGE 5 • 4 VOL 55 PAGE 328 Soils Study John Andersen, Planning Director, explained that Contracts the budget provided for this contract and has (action item) been approved by the Soil Conservation Service. Mr. Andersen recommended the Boad sign the Contract. Signature of Agreement with Turmon Auction Service for County Auction (action item) Ordinance No. 84-024 Providing for Inclusion of County Measures in the State Voters Pamphlet (action item) MOTION: PRANTE moved to authorize the Chairman to sign the contract on the Soil Study in the amount of $21,621. TUTTLE: Second VOTE: UNANIMOUS APPROVAL MOTION: TUTTLE moved to sign the agreement with Turmon Auction Service for the County Auction. PRANTE: Second VOTE: UNANIMOUS APPROVAL MOTION: TUTTLE moved to have the first reading of Ordinance No. 84-024 by title only. PRANTE: Second VOTE: UNANIMOUS APPROVAL Chairman Young read the title for the first reading. MOTION: TUTTLE moved for the second reading of Ordinance No. 84-024 by title only. PRANTE: Second VOTE: UNANIMOUS APPROVAL Chairman Young read the title for the second reading. MOTION: PRANTE moved to sign Ordinance No. 84-024. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Selection of Richard Isham explained that he had received a call Financial from Rebecca Marshall who was the Consultant Consultant for the County last year. Mr. Isham stated that for Bond she had not received the letter because she has Sale moved her office and requested additional time (action item) to submit her proposal. Chairman Young said that he will not accept a late bid because it is not fair to the others who submitted their bids on time. Commissioner Tuttle said that he concurs with the idea that they should not consider additional proposals beyond the proposal deadline. MEETING MINUTES - PAGE 6 Signature of Acceptance of Easement from the US Forest Service (action item) Order No. 84-223, Delegating Signature for Mental Health Program Contract Modification to Mental Health Director (action item) VOL 55 PACE 324 MOTION: TUTTLE moved to accept A.G. Edwards and Sons proposal to provide financial consultation for bonds sales for Deschutes County.- PRANTE: Second VOTE: UNANIMOUS APPROVAL Richard Isham explained that this easement is for access to a subdivision. MOTION:- PRANTE moved to accept the easement from the Forest Service. TUTTLE: Second VOTE: UNANIMOUS APPROVAL MOTION: PRANTE moved to sign Order No. 84-223. TUTTLE: Second VOTE: UNANIMOUS APPROVAL OLCC License Before the Board were the following OLCC Liquor Renewal License Renewal Applications: Express Lane Market, Applications Bend Golf Club, Deschutes River Trout House, LaPine (action item) Moose Lodge, Ponderosa Pizza Parlor, Bakers Grocery, Lava Lake Lodge, Casa De Ricardo, and K -Mart. Annual Maintenance Agreement with Finzer Business Systems (action item) Maintenance Agreement with Microdata Corporation (action item) MOTION: PRANTE moved to approve the renewal applications as presented. TUTTLE: Second VOTE: UNANIMOUS APPROVAL This maintenance agreement covers the copier in the Family Counseling Clinic. MOTION: PRANTE moved to sign the maintenance agreement with Finzer Business Systems for copier in Family Counseling. TUTTLE: Second VOTE: UNANIMOUS APPROVAL MOTION: PRANTE moved to authorize the Chairman to sign the maintenance agreement as presented for Microdata. TUTTLE: Second VOTE: UNANIMOUS APPROVAL MEETING MINUTES - PAGE 7 VOL 55 FAuE 330 Request for Before the Board was a request for refund for Anne Refunds Anderson/Larry Tucker. At this time the Board recessed and will reconvene at 1:30 this date for meetings with Department Heads. DESCHUTES COUNTY BOARD OF COMMISSIONERS Albert A. Youn , C 'irm / 41j�Bri`stow Prante, Commissioner Laurence A..Tutttle, Commissioner BOCC:ap MEETING MINUTES - PAGE 8