1990-32179-Minutes for Meeting October 10,1990 Recorded 10/19/1990tus 0640
90-321'79
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
October 10, 1990
MCROFIL-MtD
NOV 2 71990
Chair-Throop opened the meeting at 10:05 a.m. Board members in
attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante.
Also present were: Rick Isham, County Counsel; Dave Hoerning,
County Engineer; Karen Green, Community Development Director;
George Read, Planning Director; Kevin Harrison, Planner; Brad
Chalfant, Property Manager.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, approval of
out-of-state travel for Gary Clark to attend road maintenance
seminar; #2, acceptance of Declaration of Dedication to
legalize entrance to High Ridge Estates Subdivision off Cline
Falls Road; #3, approval for Public Works to submit
conditional use for burning site; #4, chair signature of
monthly contract voucher for reimbursement for Children's
Trust Fund; #5, signature of Personal Services Contract with
Administrative School District #1 for speech therapy services;
#6, signature of Indemnity Agreement for Pro Canam Racing,
Inc. for off-road race on October 13, 1990; #7, signature of
Order 90-142 changing Columbine Road to Columbine Lane; #8,
signature of Order 90-143 changing Alder Drive to Porcupine
Drive & Larkwood Drive; #9, signature of minor partition MP-
89-36 for Tennant and Taylor; #10, signature of Development
Agreement for the Hessells; #11, waiver of building fee for
Rural Fire Protection District #1; #12, signature of MP-90-16
creating three parcels on Gerking Market Road for Douthit.
PRANTE: Move consent agenda.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
2. PUBLIC HEARING: ORDER 90-139 CERTIFYING ASSESSMENTS ON
CHEYENNE ROAD AND COMANCHE LANE LID
Before the Board was a public hearing to receive remonstrances
to the proposed assessment relating to the road improvements
in the Cheyenne Road and Comanche Lane LID.
Dave Hoerning gave the staff report indicating that on
September 5, 1990, the Board signed an order accepting the
Engineer's assessment report and setting today's public
hearing. Low bid for the project was $168,318 plus the
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105 - 0641
engineering and administration costs for a total of
$180,061.60. The cost would be spread among 78 lot owners for
a per lot cost of $2,308.48. This was $76.11 higher than the
estimate given at the January 31, 1990, public hearing due to
the elevated costs of construction. He had received no
remonstrances on this project.
Chair Throop opened the public hearing and asked for
testimony.
Dave Hoerning testified that the property owners had
previously been told that the job would be completed this
year, however the contractor would not be completed with his
phase of the work this year. The County would maintain and
plough the road through the winter as if it were a County
road, and in the spring, the paving would be finished. He
said that property owners would have until November 16 to sign
up for Bancroft bonding or to pay the assessment in full. The
payments for those signing up for Bancroft bonding would not
start until next spring.
Debi Fry, 59767 Cheyenne Bend, asked how much of the road work
would be completed this year. Dave Hoerning said it would be
totally finished except for the paving.
Stanley Penner, 59716 Cheyenne Road, Bend, asked if they would
be putting culverts under the driveway. Dave Hoerning said
they would not because they had inspected the area and there
hadn't been any evidence of heavy runoff. He said that if
there was a problem after the road was built, the County would
pay the costs of taking care of it.
Vera Spolar, 59905 Cheyenne Road, asked if she could pay off
the Bancroft bonding early. Dave Hoerning said she could, and
that there would not be a prepayment penalty. She was
concerned about how they would be doing the entrance to her
driveway. Dave Hoerning said he would go out and make sure
it was being done right.
Stanley Penner asked about when cash payment would have to be
made. Dave Hoerning said that as soon as the hearing was
over, he would mail out information explaining the financing
alternatives. Mr. Penner said he had spoken with the Public
Works Department and had been told that he did not have to pay
until the road was finished. Dave Hoerning said that was not
correct because the funds had to be available before the
contractor could start work. He said that if Mr. Penner
wanted to wait until the road was finished to pay, he could
apply for the loan and then pay off the entire amount on the
first payment date in the spring when the road would be
finished.
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'105 - 0642
3.
4.
Dorthea Miller, 59823 Cheyenne Road, asked what the interest
rate would be. Dave Hoerning said it would be about 10% but
that he wouldn't know for sure until the bonds were issued.
Chair Throop closed the public hearing.
MAUDLIN: I move signature of 90-139.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
CONTINUED PUBLIC HEARING: MANUFACTURED HOUSING ORDINANCE
REVIEW
Before the Board was a continuation of the public hearing
reviewing the Manufactured Housing Ordinance. George Read
said that the public hearing had been continued from
September 26, 1990, because there were three issues that the
staff recommended needed to be resolved during this review:
(1) provide some certainty as to which subdivisions did or did
not allow manufactured housing and mobile homes; (2) unify
definition of manufactured housing and mobile homes with the
other jurisdictions in the County; (3) and clean up language
on temporary mobile homes. He recommended that the public
hearing be continued again because all of the urban areas were
currently reviewing their manufactured housing ordinances.
To ensure uniformity among the jurisdiction, he recommended
the public hearing be continued until mid November.
Chair Throop opened the public hearing and asked if there was
anyone who wished to testify. There being no one who wished
to testify, he announced that the public hearing would be
continued until November 14, 1990.
PUBLIC HEARING: ORDER 90-114 CREATING THE CHAPARRAL WATER
CONTROL DISTRICT
Before the Board was a public hearing on Order 90-114, the
final Order creating the Chaparral Water Control District.
Rick Isham said that if sufficient requests for an election
were not filed by the end of this public hearing, the Board
could sign the final order forming the water district.
Chair Throop opened the public hearing. There being no one
who wished to testify, the public hearing was closed.
PRANTE: I'll move signature of Order 90-114.
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105 0643
5.
6.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PUBLIC HEARING: ORDER 90-128 TRANSFERRING BMX PARK PROPERTY
TO BEND METRO PARK AND RECREATION DISTRICT AND BARGAIN AND
SALE DEED
Before the Board was a public hearing on Order 90-128
transferring County property to the Bend Metro Park and
Recreation District to be used for a BMX park.
Brad Chalfant said that the property was approximately 10
acres out at the Demolition Landfill. The property was to be
used as a BMX park and was contiguous with the Luke Damon
sports complex.
Commissioner Throop commented that the BMX group and Bend
Metro Park and Recreation were still negotiating and wondered
whether the Board should postpone transfer to encourage the
completion of those negotiations. Brad Chalfant suggested
that the Board take action but hold onto the Bargain and Sale
Deed until negotiations were completed.
Chair Throop opened the public hearing. There being no one
who wished to testify, the public hearing was closed.
PRANTE: I would move
contingent upon
legal counsel.
the signature of order 90-128
the terms of release specified by
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
AWARD OF CONTRACT FOR INDUSTRIAL MULCH HAMMER MILL
Before the Board was award of contract to the qualified low
bidder, Sherwood Company, for the purchase of an industrial
mulch grinder. Since the Public Works Department had budgeted
only $33, 000 for the equipment, they were postponing a $10, 000
budgeted purchase to apply to the purchase of this equipment,
and were requesting that the Board approve use of $19,237 from
the Solid Waste contingency fund for the purchase of this
equipment.
PRANTE: I will award the contract for the Industrial Mulch
Hammer Mill.
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105 0644
MAUDLIN: Second.
Commissioner Maudlin said this equipment would be the only one
of its kind in Oregon, would require more people to operate,
and wouldn't do the job that had been originally budgeted for.
He felt that within two years, Public Works would want to buy
another mulching machine because this one would not be
convenient to move back and forth.
Commissioner Prante said she felt the additional expense was
a cheap price to pay to extend the life of the county
landfills by another 20-30%.
Commissioner Maudlin felt it was total conjecture to assume
that the equipment would increase the life of the landfill by
20-30% He said volume of material after it was ground up
would be reduced, but it wouldn't increase the life of the
landfill by 20-30%.
Commissioner Throop said he was enthusiastic about the program
because it would get the community into a compost program
which would reduce backyard burning to improve air quality,
and the same piece of equipment could be used to reduce the
amount of material going into the landfills.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: NO
7. WAIVER OF PERFORMANCE BOND AND AWARD OF CONTRACT FOR CHAIN
LINK FENCING CONSTRUCTION
Before the Board was waiver of performance bond and award of
contract for the construction of chain link fencing at the
Demolition and Knott Landfills to Mike's Fence Center for
$34,572.30.
PRANTE: Move waiver and award the contract.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
8. FUNDING REQUEST FOR UNITED WAY NEEDS ASSESSMENT UPDATE
Before the Board was a request from the United Way for $2,500,
which was half of the County's donation for the needs
assessment study, to do an update. Since not all of the
parties that had originally participated in the study had, as
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105 -a 0645
yet, agreed to participate in funding the update, the Board
wanted to hold funding until all previous participants had
agreed to donate to the update.
PRANTE: I will move granting the request.
MAUDLIN: I'll second the motion.
Commissioner Maudlin expressed concern that the United Way
was not contributing very much cash to the project and was
only donating support staffing. Commissioner Throop pointed
out that the United Way was donating approximate $1,000 plus
expanding staff to help with the needs assessment update.
PRANTE: Commissioner Prante amended her motion to make
Deschutes County's participation contingent upon the
other parties agreeing to participate.
MAUDLIN: Commissioner Maudlin seconded the amendment.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: NO
9. APPROVAL OF TERMS OF SALE OF LOTS IN LAPINE INDUSTRIAL PARK
TO TOM HICKS
Before the Board was approval of the terms of sale of Lots 3
and 12, Block 3, of the Lapine Industrial Park to Tom Hicks,
Northwest Pine Products. Brad Chalfant said he had circulated
a letter from Dave Peterson, the applicant's attorney
discussing the terms. He said the purchase price of the
property was $142,677. There would be a down payment of 10%
($14,267.70), a credit of $7,700 for 18 months rent, and
closing cash of $2,567.70. He said the terms were five years
at 9% interest with monthly payments of $2,665.57.
MAUDLIN: Move approval of terms of sale to Northwest Pine
Products.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
10. WEEKLY WARRANT VOUCHERS
Before the Board were weekly bills in the amount of
$202,363.55.
PRANTE: Move signature upon review.
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105 -a 0646
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
11. APPOINTMENT OF BOARD CHAIR AS CERTIFYING OFFICER FOR LAPINE
SEWER TECHNICAL ASSISTANCE GRANT
Before the Board was appointment of the Board Chair as
certifying officer for the LaPine Sewer Technical Assistance
Grant.
PRANTE: So move.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
12. ORDER 90-145 FORMING CINDER BUTTE LID
Before the Board was signature of Order 90-145 directing the
improvement of roads within the Cinder Butte LID with force
account for an estimated assessment of $672.42 per lot.
MAUDLIN: I move signature of Order 90-145.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
ZDESCHUTES OUNTY 7BD OF COMMISSIONERS
LoisB istow Prante, Commissioner
Tome Throo , Chair
D Maudlin, Tissioner
BOCC:alb
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