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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 PAGE 1 MINUTES: 10/10/90 105 - 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. PAGE 2 MINUTES: 10/10/90 '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. PAGE 3 MINUTES: 10/10/90 105 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. PAGE 4 MINUTES: 10/10/90 105 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 PAGE 5 MINUTES: 10/10/90 105 -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. PAGE 6 MINUTES: 10/10/90 105 -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 PAGE 7 MINUTES: 10/10/90