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1988-25075-Minutes for Meeting October 26,1988 Recorded 10/28/19880094 0092 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS October 26, 1988 Chairman Maudlin called the meeting to order at 10:04 a.m. Board members in attendance were Dick Maudlin, Lois Bristow Prante, and Tom Throop. Also present were Rick Isham, County Legal Counsel; Larry Rice, Director of Public Works; Craig Smith, Planning Director; Darrell Davidson, County Sheriff; Bill Pack, Personnel Director; Mike Maier, County Administrator. 1. CONSENT AGENDA ITEMS Consent agenda items to be considered were item #1, approval and authorization for Roger Kryzanek to sign referral aftercare agreement with Oregon Trail Adolescent Treatment Center; #2, signature of personal services contract with Greg Hendrix, Juvenile Court Referee; #3, reappointment of Floyd Madison to Central Oregon Regional Housing Authority Board of Directors; #4, chair signature of liquor license renewal applications for Judi and Gary Robertson, Hampton Station in Brothers and John Hofferd for East Lake Resort. MAUDLIN: I would entertain a motion for approval. 07) THROOP: I'll move approval of consent agenda item�- PRANTE: Second VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. PUBLIC HEARING: CONSIDERATION OF MAJOR ROAD CAPITAL IMPROVEMENT PROGRAM (MRCIP) Before the Board was a public hearing on the Major Road Capital Improvement Program, a five year plan for prioritization of road improvements. Larry Rice gave a staff report and made a modified proposal of the MRCIP available to attendees. Modifications have been made after discussions with the City of Bend and the City of Redmond. He stated that 15% of all of the county's income from the Forest Service is shared with the three cities in proportion to the number of miles of road each has. Redmond's policy is to use its portion of the funds on existing county roads, collectors and arterials within the City limits or urban PAGE 1 BOARD MINUTES: 10/26/88 0094 0093 boundary. Sisters and Bend predominantly use their revenues for road maintenance, not capital improvements, which is why you don't see either Sisters or Bend in the document. Sisters has no county roads within their city limits. Larry Rice also stated that when adopted, the MRCIP would accomplish some of the following things for the County: (1) The Board will have made a program statement to the citizens, other agencies and staff as to their commitment to projects in the future assuming revenues continue and other factors don't change. The document is intended to be flexible so that when it is reviewed each year, it will be modified to reflect policy changes and monetary changes. (2) It provides a work schedule for the Public Works Department to do preliminary engineering, surveying, right of way, and design work. (3) The document can be used in the land use review process. (4) It will satisfy some of the LCDC goal requirements. (5) It is a partial def ense for the County for accident claims because it is a deliberate process by the Board to allocate money to address traffic safety problems. (6) It is an in-house departmental guide for budgeting purposes. Bob Fast, Board of Directors for Crooked River Ranch, thanked the Board for renewing his faith in government. They have been getting a better response to their concerns. He wanted to make sure that when the prioritization is done that factors such as traffic counts during certain parts of the year and the types of traffic are taken into consideration. Gerald Ellis, Country Squire Road, stated that they cannot open their windows because of the dust. He and his wif e both have health problems. He wondered if that road could be improved earlier. Larry Rice said that it was being worked into this year's schedule because of his request. Pete Hansen, Fire Chief for City of Bend and Deschutes Rural Fire Protection District #2, supports this plan. He said it will provide a more direct route from the Murphey's substation to Brosterhous and Jewell School and will decrease their response time. Bob Riggs, Mayor of Redmond, stated the Redmond Planning Commission, the City staff and City Council have all reviewed the plan and found it well thought out and endorsed it wholly. He complimented the County on creating the plan. Emery Bilyeu, representing Nottingham Square Homeowners Association, which consists of 163 homes, stated that improvements to 15th Street had been promised for a few years and now it was actually going to be done. He thanked PAGE 2 BOARD MINUTES: 10/26/88 0094 0094 the Commissioners and all the people involved. The Association feels it is a good plan. Mary Houghtaling, representing Lazy River South subdivision in LaPine, thanked the Board for honoring the petition presented to them last Thursday, which stopped the second access route to the Lazy River South Subdivision. The Board will meet after its work session on Monday, 10/31/88, to further discuss the MRCIP in detail with the staff. The public was invited. 3. PUBLIC HEARING: RESOLUTION 88-059, CREATING A HOSPITAL FACILITY AUTHORITY Before the Board was a public hearing on Resolution 88-059. Rick Isham stated that the resolution forms a hospital district authority which is a municipal corporation authorized to own and/or finance hospital facilities in local communities. The purpose of this authority is to provide refinancing and new money through the issuance of revenue bonds to retire existing debt and to allow the construction of new facilities and programs at St. Charles Medical Center. There is a five -member Board (Dick maudlin, Harvey M. Watt, Gordon Robberson, Joe Martin, William Trimble) who will serve for a six-year term. The financing would be for a 30 year term. The existing title to the hospital building would reside with the City of Bend for 90 days and would then be transferred through the hospital district authority to St. Charles Medical Center. Then the Medical Center's obligation to the hospital district authority would be for the repayment of the debt that was issued by the District Board of Directors. The Hospital Authority Board does not have any taxing power. No one from the audience wished to testify. PRANTE: Move adoption. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 4. PUBLIC HEARING: ORDINANCE #88-038, AMENDING SISTERS URBAN GROWTH BOUNDARY ZONING ORDINANCE Before the Board was an ordinance amending the Sisters Urban Growth Boundary Zoning Ordinance, by revising provisions concerning the Highway Commercial District (CH) Zone. Craig Smith stated that the City of Sisters initiated the change PAGE 3 BOARD MINUTES: 10/26/88 C094 0095 and adopted it a couple of months ago. The City of Sisters requested that the County make the same change inside the urban growth boundary. The County Planning Commission had reviewed the ordinance and made some changes so that it was consistent with the Deschutes County Zoning Ordinance. They recommended that the Board of Commissioners adopt the proposed ordinance. Craig Smith indicated that the intent of the amendment was to allow uses that were related to highway automobile traffic as well as uses that would require large acreage. Robert McNight, Sisters resident, stated that he felt the sole purpose of the ordinance was to preclude any competition with downtown Sisters which was stated in the City Council meeting. He felt that the Commissioners should consider the needs of the people who live in the area not just the tourists, and felt that the proposed amendment was solely for the advantage of the tourists and disadvantage of the local people. He said there were a number of businesses that couldn't go into downtown Sisters because there wasn't a sewer system and wasn't likely to be one, so the urban growth boundary was the only place for businesses (like a laundromat) that are needed in the area. He said there wasn't enough parking in the downtown area to handle these kinds of businesses either. Commissioner Throop stated that the recommendation came from the City Council who are the elected representatives of the citizens of Sisters, not just five individuals. He also explained that the urban growth boundary is a cooperative jurisdiction with the City of Sisters by state statute and they are, therefore, bound to work with the City when making these decisions within the urban growth boundary. Phil Tartaglia, an officer representing one of the owners of the property in the area covered by the proposed amended ordinance, said he feels the City of Sisters is trying to restrict the number of uses of the property in that area, primarily to eliminate general merchandising. He said the land represented a major purchase for them and they purchased it under the existing zoning and permitted uses. He feels the value of the property is directly tied to the permitted uses, and he wants to protect the value of the property. They do not have any plans f or the property at this time. He said that since he lives outside the City of Sisters and his only business interests are outside the City of Sisters, the only place he can appeal to for protection of their zoning rights is the County Commissioners. Ron Brotus, developer in the Sisters area, stated that he would ordinarily not speak in favor of restricting any kind of zoning, however, he is attempting to put an RV park on PAGE 4 BOARD MINUTES: 10/26/88 5. 6. 7. 0094 0096 his property which is currently not allowed but would be as a conditional use under the amended ordinance. He stated that the ordinance was changed not just to allow the RV park but to encourage the community to grow inward. This was the first exposure the Commissioners have had to this issue and they indicated they would like to review the ordinance more before considering adoption. It will be discussed again on Monday, 10/31/88, after the Board's work session. AWARD OF PAVING AND WIDENING CONTRACT TO R. L. COATS Before the Board was award of the paving and widening contract of the intersection at South Highway 97 and Baker Road to R. L. Coats who had come in with the low bid of $58,700. THROOP: I'll move the contract award. PRANTE: Second VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES REJECTION OF BID FOR TEST HOLE DRILLING AND AUTHORIZATION TO REBID AT A LATER DATE Before the Board was the rejection of of test holes for aggregate sources sites, and authorization to rebid at a bid was received, and it was over three estimate. THROOP: I'll move the rejection. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES bid for the drilling on two County -owned later date. Only one times the engineer's WAIVER OF PARTITION APPLICATION FEES FOR PUBLIC IRRIGATION DISTRICT Before the Board was consideration of a waiver of fees for Arnold Irrigation District. Previous discussion had been whether or not to make a blanket policy of fee waivers for all public entities. After a listing was put together of PAGE 5 BOARD MINUTES: 10/26/88 8. 0 10. 0094 0097 all potential groups that would fit under this category, the Board decided not to make a blanket waiver policy, but to consider each situation individually based upon whether reciprocal waivers would be of advantage to both parties. They did not approve the waiver in this situation. Commissioner Throop will continue to investigate forming a criteria for those governmental entities that the County does frequent business with. EASEMENT FOR PACIFIC N.W. BELL Before the Board was authorization of signature of easement for Pacific N.W. Bell for public utility purposes. PRANTE: Move authorization. THROOP: Second VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES REQUEST FROM PETER BROCKMAN FOR REAL PROPERTY REDEMPTION Before the Board was a request from Peter Brockman to redeem his real property and signature of a letter to him approving the redemption upon submission of a cashier's check in the amount of $78,526.74. The Board allowed until November 30, 1988 for such redemption. Commissioner Throop stated that this redemption period is established for any taxpayers who find themselves in these circumstances and our primary interest here is to collect thee taxes, interest and penalties and to get the money out to the taxing districts. PRANTE: I move signature. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES NEW ANIMAL LICENSE TECHNICIAN CLASS AND PAY RANGE Before the Board was approval of a new classification and pay range for an Animal License Technician in the Sheriff's Department. PRANTE: I'll move approval of the new classification for Animal License Technician and the appropriate pay range. PAGE 6 BOARD MINUTES: 10/26/88 0094 0098 THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. WEEKLY WARRANT VOUCHERS Total amount of weekly bill: $131,372-22 PRANTE: I'll move approval subject to review. THROOP: Second VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 12. SANITATION INSPECTION AGREEMENTS WITH BEND AND REDMOND SCHOOL DISTRICTS Before the Board was signature of Sanitation Inspection Agreement with the Bend School District and the Redmond School District. PRANTE: Move approval for signature. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Being no further business, the meeting was adjourned and the Board went into Executive Session under ORS 192.660. DESCHUTES COUNTY BOARD OF COMMISSIONERS �LoisBr*' ,.Is OW Prante, Commissioner Tom Throop mmissioner D I . �P- Mau lin, Chairman PAGE 7 BOARD MINUTES: 10/26/88