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1989-30957-Minutes for Meeting October 25,1989 Recorded 11/13/1989098 - 1980 89-3095'7 ~q tin t ~ 1-x .J MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS October 25, 1989 Chair Prante called the meeting to order at 9:05 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel and Ralph Delamarter, Librarian. 1. CONSENT AGENDA Consent items before the board were: #1, signature of contract with Cascade Heating and Specialties; #2, signature of Personal Services Contract with Bend-laPine School District to coordinate infant/toddler programs for early intervention children; #3, signature of Resolution 89-089 transferring appropriations within various funds of the budget; #4, appointment of David Davidson and Becky Halstead to the Solid Waste Advisory Committee; #5, chair signature of liquor license application for Sunriver Lodge and Resort; #6, item withdrawn. THROOP: Move approval of the consent agenda items 1-5. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. SELECTION OF ARCHITECT TO DESIGN NEW LIBRARY BUILDINGS Before the Board was a recommendation from the Library Architect Selection Committee for a firm to design the new library building in Bend and Redmond and to remodel the LaPine Branch Library building. Commission Maudlin did not feel that the firm should be named until an agreement could be worked out. MAUDLIN: I would move that the Board consider the selection by the Committee and ask Mr. Isham to work out an agreement/contract with the architect. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 1 MINUTES: 10/25/89 .t . , to X18 - 19 81 3. CONTINUANCE OF MODIFIED COMMUNITY DEVELOPMENT HOURS Before the Board was a request to temporarily extend the modified hours schedule in the Community Development Department. MAUDLIN: I would move that we continue the hours as now in use for Community Development. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 4. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $159,400.31. THROOP: Approve subject to review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 5. MJP-89-2 AND ACCEPTANCE OF DEDICATION FROM JOHANNA CADDELL AND THE BURLEIGHS Before the Board was acceptance of Declaration of Dedication and signature of mylar for a Major Land Partition (MJP-89-2) to create one additional parcel in an EFU-20 zone on McArdle Road east of Bend. PRANTE: Entertain a motion to sign and accept dedication. MAUDLIN: So moved. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 6. RESPONSE TO PHILIP GARROW ATTORNEY REGARDING MARIA CLARK'S TERMINATION Before the Board was consideration of a response to a letter received from Philip H. Garrow, Attorney, regarding the termination of Maria K. Clark from the Deschutes County District Attorney's office. Rick Isham said that after speaking with John Witty, they felt that the grievance should PAGE 2 MINUTES: 10/25/89 i 008 - 19 32 be adjusted at the department head level first, and therefore had prepared a letter to Philip Garrow giving him seven days to submit a letter to the department head which would outline the grounds for the grievance and the basis upon which relief should be granted. THROOP: I'll move signature of the letter. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 7. PUBLIC HEARING: ORDER 89-072 VACATING MILL ROAD Chair Prante opened the public hearing at 10:00 a.m. Board members in attendance were Dick Maudlin, Lois Bristow Prante and Tom Throop. Also present were Rick Isham, County Legal Counsel; Dave Hoerning, County Engineer; and George Read, Planning Director. Chair Prante asked if there was anyone who wished to submit written testimony, and one person did so. She also stated that letters in opposition to the road vacation had been received from Basim, Reyes, Abrams, and Julius. Dave Hoerning gave the staff report indicating that a petition had been submitted on August 16, 1989, by Ed and Rhonda Slavkovsky and Judy Meyer, the two adjoining property owners bordering Mill Road. They had support for their petition from four additional property owners: Malstrom, Blk A Lot 2; Waters, Blk A Lot 7; Tredwell, Blk B Lots 15 & 16; and Peacock, Blk C Lots 5 and 6. Mill Road was a 50 ft. by 200 ft. street in the Skyline Subdivision in Township 18 South, Range 10 East, Willamette Meridian. He said the Engineer's Report made on August 31, 1989, said that the property proposed for vacation was owned by the public, was a 50 foot right of way, and was a narrow unpaved access between Tumalo Falls Road and Skyline Drive. He said the road could be vacated, but that perhaps a portion should remain as either an easement or an alley so that the existing access could remain. There was also an easement to the City of Bend main feeder line paralleling Tumalo Falls Roads. If Mill Road were vacated, the County would request that the City of Bend easement be retained across the south end of the right of way. Commissioner Prante asked if the road were vacated, would it preclude the owners from forming an LID to improve Mill Road to County standards in the future. He said it would, because if Mill Road were vacated, one half (25 feet) of it would go to each of the property owners bordering the road. PAGE 3 MINUTES: 10/25/89 Utl 1983 Commissioner Prante asked for testimony in support of the vacation. Ed Slavkovsky, 16066 Skyline Road, Block A Lots 6 and 10, said he was one of the petitioners and currently lived on Lot 6 but wanted to build on Lot 10 which bordered Mill Road. He testified that the area had originally been developed with a Sunriver type development in mind, however that the residents of the area were very independent and resisted any attempts at any resort type development. He said there have been no attempt in 13 years to maintain any of the roads, and the area was becoming a vacation retreat where most of the owners were absent much of the time. He said there was no need for a 50 ft. by 200 ft. road there, and that the gravel road that was currently there was at maximum 12 ft. wide and would never be turned into a 50 ft. public street. He said it was snowed covered about six months out of the year and passable by foot traffic only. In the summer, Boulder Road and River Road gave access to the entire back side. He also said that if Mill Road were ever widened, a number of large trees would have to be taken out which he did not want to happen. He said if there was any need for the road at all, it was as an alley or private road. He suggested an easement about six feet on both properties which would leave the current Mill Road location would serve the needs of the area. Chair Prante asked for testimony in opposition to the road vacation. Jory Abrams, 12935 SW Conestoga Dr., Beaverton, OR 97705 (16630 Skyline Drive, Blk B Lot 10) said she strongly opposed the vacation of Mill Road but was also in support of the Slavkovskys. They would like to see some accommodation made so that the Slavkovskys could build the kind of home that they wanted to build. She felt that homes were built in the area near where there was good access, and vacating Mill Road would reduce access to their property. She suggested waiving the set back or narrowing the road. Commissioner Prante asked Mr. Slavkovsky if in his house plans, the structure imposed on the easement or on the set back. He said it imposed on the set back. He said that because of the set backs his one-half acre lot had only an area of 35 ft. by 90 ft. on which he could build which would not allow facing the house to take advantage of the sun or placing the garage appropriately for the access road. Commissioner Maudlin asked Mr. Slavkovsky what the set backs were on his property. He said 40 ft from the edge of the easement, therefore 90 ft. from the center line of the road. PAGE 4 MINUTES: 10/25/89 098- - 1984 Commissioner Prante asked Mr. Slavkovsky what kind of variance on the set back requirements he would need to place his house where he wanted and still leave Mill Road. He guessed about 20 feet, since they had not finished their plans until they were sure of what space they would have. Jamey Julius, General Deliver, Bend, (Lot 12, Block B) testified that his property was 50 ft. from Mill Road and was directly affected by the vacation of Mill Road. He said that he was planning to build a log home on his lot this winter and vacating Mill Road would make building much more inconvenient. He said it would also be much more difficult for fire or emergency equipment reach his property. He felt closing the road would increase his fire insurance rates and would decrease the value of his lot, and he wanted to be reimbursed for these losses. He said neither he nor his mother, in whose name the property was listed, was notified of the public hearing. Chair Prante suggested that he check with the Assessor's office to make sure that they had the correct property owner information since those addresses were used to send out the public hearing notices. Commissioner Throop said he had visited the site and felt that Mill Road was an important access route for a number of lots off Skyline Drive, however he recognized the Slavkovsky's problems in building on Lot 10. He suggested the Slavkovskys make application for a variance to the set backs. Mr. Slavkovsky said that he attempted to get a set back variance, was told that it would be denied, and Community Development suggested he attempt a road vacation. Commissioner Maudlin said that a good case for a variance had been made before the Board of Commissioners, and the Board would support his request for a variance. Commissioner Throop volunteered to be the contact to help the Slavkovskys with their variance request. Chair Prante continued the public hearing to 10:00 a.m. on Wednesday, January 3, 1990, to give Mr. Slavkovsky an opportunity to pursue a variance on the set back so that he could build on his lot and still leave Mill Road as a public road. 8. PUBLIC HEARING: ORDER 89-067 VACATING ARNOLD MARKET ROAD NO. 6 AND ORDER 89-069 VACATING 27TH STREET IN TERREBONNE Before the Board was a public hearing on the vacations of Arnold Market Road No. 6 and 27th Street in Terrebonne. No one attending the public hearing wished to testify. Chair Prante closed the public hearing. PAGE 5 MINUTES: 10/25/89 098 - 1985 PRANTE: I will entertain a motion to sign orders 89-067 and 89-069. THROOP: So moved. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS 7~ Lois Bris ow Prante, Chair Tom Throop, Commissioner /ckaudlin, Commissioner BOCC:alb PAGE 6 MINUTES: 10/25/89