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1991-04060-Minutes for Meeting February 06,1991 Recorded 2/19/1991`,91-!04060 1,06 A 0194 V.i N0F1US ECi 7- ;j MINUTES t , 691 3 ate- ~Y' ~ ~ 9 M DESCHUTES COUNTY BOARD OF COMMISSIONERS February 6, 1991 ' of q 3 " Fl zT ~ cg i. L r: In 1 Chairman Maudlin opened the meeting at 10:05 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Rick Isham, County Legal Counsel; George Read, Planning Director; Brad Chalfant, Property Manager; and Michael Maier, County Administrator. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of two Acceptance of Warranty Deeds for Ward Road right of way acquisition from Myhre and Baker; #2, chair signature of Intragovernmental Agreement with the District Attorney and the Sheriff regarding distribution of civil forfeitures; #3, signature of Indemnity Agreement with The Lobos for off road vehicle race; #4, signature of Development Agreement for Dole Enterprises; #5, appointment of Don Stevens, Janelle Baglien, and Marcie Todd to Historical Landmarks Commission; #6, appointment of Jean Padgett to River Bend Estates Special Road District Board of Directors; #7, reappointment of Karen Grimm to Vandevert Acres Special Road District Board of Directors; #8, signature of minor partition MP-90-65 for S & E Associates; #9, signature of minor partition MP-90-71 for Martin Sax and Greg Cliff. THROOP: Move approval of the consent agenda items 1-9. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. PUBLIC HEARING: ORDINANCE 91-002 AMENDING PL-15 Before the Board was a public hearing concerning Ordinance 91- 002 amending PL-15 relating to site plan review requirements for surface mining zones. George Read gave the staff report indicating that the Department of Land Conservation and Development had some minor problems with some of the wording in the ordinance. The ordinance included the amendments recommended by DLCD. One of the areas changed was concerning exploration for mineral resources. It had originally been in the ordinance as a conditional use, but it was changed to an outright permitted PAGE 1 MINUTES: 2-6-91 FEB 97 ia6 - 0195 3. used with a definition of "exploration." There had been concern that people could not explore for mineral resources based upon the ordinance as it had been drafted. Chairman Maudlin opened the public hearing. There being no one who wished to testify, the public hearing was closed. SCHLANGEN: I move first and second reading of Ordinance 91-002 by title only. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 91-002. SCHLANGEN: Move adoption. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PUBLIC HEARING: ORDER 91-011 TRANSFERRING COUNTY PROPERTY TO CITY OF REDMOND Before the Board was a public hearing on Order 91-011 transferring real property adjacent to the Bowlby Athletic Field to the City of Redmond for public park purposes. Brad Chalfant reported that the County acquired the property being transferred to the City of Redmond through foreclosure. The parcel was 3.3 acres and was located across from the Redmond High School. Chairman Maudlin opened the public hearing. Joe Hannan, Manager, City of Redmond, said the City would appreciate the County deeding them this property so they could expand their ball fields. There were two existing Little League fields in Bowlby field, and the Little League Association said they would raise the funds to develop more ball fields if the City would maintain them. They had a 50% increase in Little League participation in the last four years and had added young women in their Little League and softball leagues. This property would allow them to develop the rest of the canyon and would add another resource for the whole region. PAGE 2 MINUTES: 2-6-91 10g 0196 There being no one else who wished to testify, the public hearing was closed. MAUDLIN: Entertain a motion for signature of Order 91- 011. SCHLANGEN: So moved. THROOP: Second the motion. Commissioner Throop commended the City of Redmond on helping to meet the park and recreational needs of the citizens of the community. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 4. PUBLIC HEARING: FINAL ORDER 91-020 ANNEXING WELLS/ACRERMAN TERRITORY TO RFPD #2 Before the Board was a public hearing concerning final Order 91-020 which would annex the Wells/Ackerman territory to Rural Fire Protection District #2. Chairman Maudlin opened the public hearing. There being no one who wished to testify, the public hearing was closed. THROOP: Move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 5. APPOINTMENT TO URBAN AREA PLANNING COMMISSION Before the Board was appointment Jeri Alden to the Urban Area Planning Commission. THROOP: Move appointment of Jeri Alden. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 3 MINUTES: 2-6-91 106 0197 6. WEEKLY WARRANT VOUCHERS Before the Board were $171,673.52. weekly bills in the amount of THROOP: Move approval of the weekly warrant vouchers subject to review. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 7. DEVELOPMENT AGREEMENT FOR SKYLINE EQUIPMENT Before the Board was signature of a Development Agreement for a light industrial building on Empire Avenue for Mike Berg of Skyline Equipment Sales. THROOP: I'll move signature of the Development Agreement. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 8. DEVELOPMENT AGREEMENT FOR JRB FOODS Before the Board was signature of a Development Agreement for a Taco Time Restaurant on S. Hwy 97 next to Fred Meyer for Ron Brooks of JRB Foods. SCHLANGEN: I'll move signature of Development agreement. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 9. WATER AGREEMENT WITH CITY OF BEND Mike Maier said that the County had been working with the City for several months to develop an agreement for the City's waste water effluent to be used for a municipal golf course. They had been unable to reach a reasonable agreement which could be used to secure a private developer for the project, so he recommended that the County discontinue efforts for this project. The City would not agree to use reasonable efforts PAGE 4 MINUTES: 2-6-91 106 • 0198 to operate the treatment plant in accordance with federal, state, and local laws, rules and regulations which now or in the future would apply to their waste water treatment operation; and the County was being asked to defined and indemnify the City for damages caused by intentional and criminal acts of the City and its employees. He said the Bend City Commission would be considering this agreement at their meeting that night. He wanted to contact the City prior to their meeting to let them know that if they would not include the language the County needed, then not to consider the water agreement at all. Rick Isham said the County had expected to indemnify the City for risks of negligence or unavoidable accidents which might occur in the operation of a sewer plant, however, the City was requiring that the County also indemnify the City for damages resulting from intentional criminal acts by the City and its employees which would make it unlikely that a prospective developer would be able to get financing for the project. Also, he didn't believe the DEQ would approve the agreement with that kind language in it. He felt it was unreasonable for the County to accept this risk in this context, particularly when the discharge plan for the City indicated that in the near future the City would need alternative waste water disposal in addition to the existing ponds. He felt this project would, therefore, bring a benefit to the City by utilizing some of their waste water. Commissioner Throop explained that the County would be attempting to trade with BLM for the land, acquire the water from the City, then contract with a private developer to build and manage a golf course on behalf of communities in Central Oregon. There would be no County money or tax money in the project, but the County would own it. Because the County would provide the land and the water, the developer would be able to build a recreational opportunity for County residents and charge an affordable rate for a championship golf course. He asked if there would be any revenue coming to the County? Mike Maier said there were about 15-20 different styles of RFPs being considered. Some of them had agreements that would give the County a percentage of the gross or the net. That payback or profit sharing would not start until a number of years after the start of operations since this development would take $3-$4 million investment to get started. This whole project would be a lot of work for the County, and there was no guarantee that they would be able to find a developer even though there had been a tremendous amount of interest from around the country. He felt there was a 50/50 chance of putting the package together with a good water agreement with the City. Reducing those odds because of a poor water agreement, made it unfeasible to even start the process. PAGE 5 MINUTES: 2-6-91 106 - 0199 Commissioner Maudlin said the BLM had made it clear that they would not transfer the land to the County until there was a water agreement with the City of Bend. Rick Isham said that if the language suggested by the County resulted in an increase in the City's insurance premiums, then possibly the course developer could reimburse the City for those costs. Counsel for the City said he wouldn't recommend that as an alternative to the City Commission. Rick Isham said that over the past 10-1/2 years, the general principle in agreements with the City of Bend was that when there was an activity, the entity that controlled the action, accepted the risk resulting from the action. When city prisoners were in the County jail, if a prisoner was injured while in the jail, it was the County's responsibility. If the prison was injured on the way to the jail, it was the City's responsibility. When the County plowed and sanded certain City streets, if there was an accident with the snowplow, the County would be responsible even though they were on a city street and plowing snow which was a city responsibility. He felt the water agreement that the City wanted signed would be a departure from this long-standing understanding that the governmental entity which controlled the activity would be responsible. Mike Maier said that 60-70% of the players on the proposed course would be City of Bend residents. This would be a reasonable and affordable recreational opportunity for city residents, giving the City an alternative use for the effluent water so they would not have to increase their storage capabilities. Therefore, he was surprised that the City was not willing to support the project. Commissioner Throop pointed out that there were a number of communities in the northwest that were running their entire park and recreation program from the proceeds from their municipal golf courses (i.e. City of Portland, Spokane, Seattle). Commissioner Maudlin said that he had lobbied four out of the seven city commissioners on this issues. Commissioner Craig Coyner had expressed concern that the language regarding the amount of water that would be used by the County had been deleted from the agreement because of concern about a shortage of water going into Hatfield Lake. Rick Isham said the City had taken this language out--not the County. Mike Maier said he didn't feel the quantity issue should be a concern since the City was currently disposing of approximately 3.5 million gallons a day, and by the time a golf course would be operational, they would be disposing approximately 4.5 million PAGE 6 MINUTES: 2-6-91 106 , 0200 gallons a day. The maximum use of the golf course would be a million gallons a day, and therefore shouldn't interfere with current flow levels. The reasons he didn't want to see it limited in the agreement to one million gallons a day was because there was a possibility the golf course would be expanded to a second course if play and activity merited it. THROOP: I would move that the Deschutes County Board of Commissioners adopt the recommendation from Mike Maier and Rick Isham in conjunction with Commissioner Dick Maudlin, that the City of Bend position prohibits Deschutes County and the City of Bend from jointly proceeding with the project until we get a more reasonable contractual relationship on this liability issue with the City; and secondly, should the City reconsider its position and come up with a reasonable agreement, that we would continue to look at the feasibility of the project. MAUDLIN: I'd second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. JUVENILE REFEREE PROGRAM Judge Mosgrove came before the Board for their biannual meeting to discuss the Juvenile Referee Program. He asked if there were any concerns that the Board had about the program. He felt that it was working well, and the referee was doing an excellent job. The guidelines for case disposition required that the time from petition to adjudication be no more than 45 days. The average now was 26 days from filing the disposition. He said everyone felt that getting the cases adjudicated quickly was important when dealing with juveniles. Commissioner Schlangen said she felt it was imperative that there be a speedy disposition, and without a Juvenile Referee there wouldn't be. Judge Mosgrove agreed that Circuit Court couldn't guarantee disposition in that time frame. Commissioner Maudlin said that the Board was prepared to fund the program at last year's level. Judge Mosgrove said that would probably be adequate since last year's funding was based upon 350 cases, and he estimated there would be 330 cases by the end of the fiscal year. PAGE 7 MINUTES: 2-6-91 106 -a 0201 DESCHUTES To "Throop Nancy P pe BOCC:alb BOARD OF COMMISSIONERS ommis ioner hlangen, Comm ssioner in, Chairman PAGE 8 MINUTES: 2-6-91