1985-02724-Minutes for Meeting December 19,1984 Recorded 2/27/198585- 2'724
DESCHUTES COUNTY BOARD OF COMMISSIONERS Vol�2 FACE 02
DECEMBER 19, 1984 REGULAR MEETING
Chairman Young called the meeting to order at 10:00 A.M. Commis-
sioner Tuttle was also present. Commissioner Prante was absent.
Amendments to Chairman Young read aloud the list of amendments.
the Agenda
There were no additions or changes.
Public Hearing
Dave Hoerning, County Engineer, explained that this
for Plainview
road is a portion of the old Plainview Road; and is
Road Vacation
a portion of what is now called Paradise Alley. It
is completely outside of the right of way of the
existing road. The property has been divided and
two property owners have lots on it. The road is
not needed because access if provided by Paradise
Alley. The engineer's report was submitted in
November recommending that this be vacated. The
utilities were notified because there are some
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utility easements there. Mr. Hoerning recommended
that the Board maintain those utility easements but
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vacate the road.
Chairman Young read aloud the order. He then
Of
opened the hearing. There were no comments, so he
ter,
closed the hearing. Mr. Hoerning noted that the
$350 vacation fee had been paid, and no objections
had been received by the Road department.
MOTION: TUTTLE moved adoption of Order 84-272.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Public Hearing
Mr. Hoerning explained that this road is located in
for Norse Dr.
Redmond off of 35th Street in the Hidden Valley
Vacation
Mobile Home Estates. There are utility easements
on this road, so he recommended again reserving
those utility easements but vacating the road. He
noted that this road is not necessary because all
lots are provided access by other streets. In the
engineer's report filed November 7, the recommend
vacation with utility easements reserved. The $350
vacation fee has been paid.
Chairman Young read aloud the final order by title
only. He then opened the public hearing. Being no
comments, he closed the hearing.
MOTION: TUTTLE moved the adoption of Order 84-273.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
DECEMBER 19, 1984 MEETING MINUTES: PAGE 1
MP 84-23, Cath- It was noted that the signature on this plat would
erine Holmes
62 foo 859
4�,�
Acceptance of
Mr. Hoerning explained that this is right of way
Declaration of
that is being acquired for the widening and
Dedication on
construction on Reed Market Road next summer. This
Reed Market Rd
is on the Trendwest property. This property lies
with the understanding that it will not be
just east of the Tanglewood Subdivision.
MOTION: TUTTLE moved the acceptance of Declaration
of Dedication from Trendwest Development
YOUNG: Second.
Corpropation.
VOTE:
YOUNG: Second.
Signature of
VOTE: UNANIMOUS APPROVAL.
Appointments to
Before the Board were letters from members of the
Vandervert Acres
Vandervert Acres Special Road District asking that
Special Rd Dist.
Scott Freshwaters be reappointed and that George
being paid to the Clerk.
Lyon be appointed to fill the position vacated by
Gordon J. Smith. These will be three-year terms
expiring in December 31, 1987.
UNANIMOUS APPROVAL.
MOTION: TUTTLE moved to appoint George C. Lyon to
MOTION:
fill the vacancy left by Gordon Smith and
through 84-302
Scott Freshwaters to a new term.
through 84-302 in the matter of refund of
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Signature of
This plat includes all of the land that the county
Plat No. 650,
owns contiguously in the area, not just the Indus-
LaPine Indust-
trial site.
rial Site
MOTION: TUTTLE moved to sign the LaPine Industrial
Site Plat Not. 650, and the plat will be
changed to read "Site" instead of "Park".
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
MP 84-23, Cath- It was noted that the signature on this plat would
erine Holmes
not become effective until December 27, 1984, since
that is
when the appeal period expires. The Board
will release the document after that date.
MOTION:
TUTTLE moved to sign Minor Partition 84-23
with the understanding that it will not be
released until 12/27/84.
YOUNG: Second.
VOTE:
UNANIMOUS APPROVAL.
Signature of
MOTION:
TUTTLE moved to sign the OLCC License for
OLCC License
Treadwell's Market subject to the fee
for Treadwell's
being paid to the Clerk.
Market
YOUNG: Second.
VOTE:
UNANIMOUS APPROVAL.
Orders 84-292
MOTION:
TUTTLE moved the adoption of Orders 84-292
through 84-302
through 84-302 in the matter of refund of
In the Matter
taxes.
of Refund of
YOUNG: Second.
Taxes
VOTE:
UNANIMOUS APPROVAL.
DECEMBER 19, 1984 MEETING MINUTES: PAGE 2
VOL 62 PAGE 860
Request for Before the Board were requests for refund to the
Refunds/ CDD following: Gerald Moss, $10.40; Victor Povey,
$5.00. These were approved.
Request for Birthright, a tennant in the building 409 NE
Partial Rental Greenwood, has requested that the be refunded half
Refund of their rental payment for December be refunded
because of the disruption that the remodeling has
caused.
MOTION: TUTTLE moved to refund half of the rent
for Birthright when they vacate.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Consideration There was some discussion regarding the declaration
of MJP 84-4, of dedication and the easement to be conveyed which
William Jaqua extended down the east side of the property. The
subject property is located near the Redmond
Airport and some County land. Mr. Jaqua is
conveying a 30' strip for roadway purposes, along a
common property line with the County. If the City
of Redmond ever decides to use this access, it will
be necessary for the County to convey another 30'
to create a full 60' roadway. The Redmond
Industrial Airport Master Plan calls for this
roadway.
MOTION: TUTTLE that they sin MJP 84-4 and accept
the Declaration of Dedication.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Approval of Cor- Dave Jaqua, attorney representing Mr. Howell,
rective lease explained that this is necessary because of an
between Des- error in the legal description in the lease
chutes Co. and previously approved between the County and Mr.
John Howell Howell. They are asking for approval at this time,
since it was this Commission that originally
approved the lease. The document is not available
for signature at this time, so it will be brought
in later.
MOTION: TUTTLE moved to approve the correction
lease between Deschutes County and John
Howell and authorize signature when the
original is provided.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Agreement for Dave Hoerning, County Engineer, explained that this
Division Street concerns the property at the former Taylor Rental
Access Center site. There is an agreement with Swarens
Group that is currently being negotiated. The
signal that will be installed at the intersection
will cost $25,000 which is to be paid either by the
mall or other parties. It is currently unresolved
DECEMBER 19, 1984 MEETING MINUTES: PAGE 3
VOL 62 SAGE 861
who will pay the $25,000; the mall or Swarens
Group. Under Section 3 of the agreement they have
a contingency which requires those approvals to be
gotten no later than March 15, 1985. The City will
have to move their water line for this project.
They have agreed to do so.
MOTION: TUTTLE moved to authorize signature on
the agreement between Deschutes County and
Silma Co. (Frank Gilchrist, et al) for
realignment and construction of Addison
Avenue with the understanding that the
payment of $25,000. for the signalization
of the intersection will be agreed to and
that paragraph in the agreement changed to
reflect who will pay for it.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Order Extending Rick Isham, County Counsel, explained that in
Certain Fran- August the Solid Waste Advisory Committee recom-
chises to
mended that there be a simplification and clarifi-
Collect Solid
cation of the Solid Waste Ordinance. They had held
Wastes & Wastes
a work session several weeks ago and reviewed the
in Deschutes Co.
present ordinance. There were representatives of
the franchisers present at that time. They have
ten year terms which will be expiring, but it has
Repair Agree-
been recommended that their terms be extended for
ment for East
one year so that ordinance and policy revisions can
Sunriver Access
be recommended. It was noted that this one year
extension would not apply to the LaPine franchise
because that term will not expire until October 1,
1988. Before the Board was Order 84-303, adoption
of which would provide for this action.
MOTION: TUTTLE moved the adoption of Order 84-303
extending franchise agreements.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Signature of This is a contract with Jeffrey D. Ries for pre -
Prenatal Program natal program activities.
Contract
MOTION: TUTTLE moved the signature for the
contract for the prenatal program for
General Health/ Nursing with Jeffrey Reese
with the Redmond Clinic.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Repair Agree-
This is the East Sunriver access, aka Cottonwood
ment for East
Drive. According to a former agreement made be-
Sunriver Access
tween the County and Sunriver, the County agreed to
take over maintenance of the road upon satisfactory
completion of construction by Sunriver. When the
fill work was under construction, there was some
concern that a repair would be necessary later on,
DECEMBER 19, 1984 MEETING MINUTES: PAGE 4
4�t 62 QacF 862
due to the substandard fill material that was being
used. Mr. Hoerning then put Sunriver on notice
that this fill was to be repaired and that a County
inspector was to be present when the repair was
made. Sunriver has stated that the repair was made
but they did not notify the County when it was
done, so the County cannot certify an inspection.
If this fill fails, it could result in unexpected
expense to the County, so the County has refused to
accept maintenance on it. As a result, the
agreement before the Board at this time has been
proposed. The County had originally proposed that
Sunriver be responsible during the five year period
if the road "bridged" or had other damage due to
improper fill. That was unacceptable to Sunriver
Properties. They did not want to be called in to
make a repair every time the road settled. They
want to be responsible for making only one repair
upon County request. There is about six feet of
fill. They have proposed to accept responsiblity
for road settlement within the fill of up to three
inches. There would be a base line provided by
Timberline McCullough. Sunriver has been required
to file a $48,000 bond. The amount of the bond is
the amount needed to remove the entire fill and
replace it and the pavement. It is possible that
if there was a serious problem it could result in
that being necessary. Because of the long term
nature it was felt that it should be bonded. If it
appears that it would be satisfactory they would
ask the authorization of signature to allow the one
repair at County direction, that being a change.
Sunriver is currently using and maintaining the
road. They are asking approval of signature on the
agreement as prepared with the amendment to include
that Sunriver would be responsible for one repair
at County direction.
MOTION: TUTTLE moved to authorize signature on the
agreement with changes as noted by
Counsel.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Other Staff/ Rick Isham, County Counsel, informed the Board
Public Concerns that Jay Langley, Sanitarian, had come to Mr.
Isham's office the previous day to report a failed
septic system on Murphy Road that he felt was a
health hazard. Mr. Isham directed Mr. Langley to
issue a citation immediately. Mr. Isham stated
that the County may be required to institute
injuctive relief. He requested Board authorization
to institute such a process.
DECEMBER 19, 1984 MEETING MINUTES: PAGE 5
VOL 62 PAGE 863
MOTION: TUTTLE moved to direct Counsel to take
appropriate action necessary to alleviate
the septic tank failure problem on Murphy
Road.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Being no further business, the meeting was adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
6#4444 -
ALBERT A. YOU , CH N
BRISTOW PRANTE, COMMISSIONER
FWJ
LAU NCE TU(TLE, COMMISSIONER
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DECEMBER 19, 1984 MEETING MINUTES: PAGE 6