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1991-20533-Minutes for Meeting July 03,1991 Recorded 7/16/1991s1 -2n533 .�� 010'7 0312 MINUTES jw•. 2 ;{ DESCHUTES COUNTY BOARD OF COMMISSIONERS July 3, 1991 Chairman Maudlin called the meeting to order at 10:00 a.m. Board members in attendance were Dick Maudlin, Tom Throop, and Nancy Pope Schlangen. Also present were: Rick Isham, Legal Counsel; Brad Chalfant, Property Management Specialist; Karen Green, Director of Community Development, and Dave Hoerning, County Engineer. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, request to waive bid bond, performance, and payments bonds on purchase of Public Works equipment; #2, signature of interagency agreement with CSD for Children's Trust Fund Contract for Teen Parent programs; #3, signature of contract with JCRI, Inc. to provide sex offender treatment services; #4, signature of amendment to memorandum of understand with OEDD increasing funding award for Redmond Airport terminal, and amendment to memorandum of understanding adding the Crook County RV Park as a new project; #6, signature of indemnity agreement between Deschutes County and Friends of the Cascade Cycling Classic; #7, signature of Order 91-089 establishing the road name of Rabbitbrush Drive; #8, signature of Order 91-088 establishing the road name of Breezy Way; #9, signature of MP -90-47 creating three parcels in RR -10 zone S.E. of Conestoga Hills for Madrigal; #10, signature of MP -91-16 creating two parcels on 39th and Umatilla Avenue for the Bank of Oregon; #11, signature of improvement agreement with Jean Le Roux regarding Alpine Foods in La Pine; #12, appointment of Ken Johnson and reappointment of Bill Mayfield to the County Fair Board. Item #5, signature of Deschutes County Grant Agreement with CORA and COED, was postponed for one week. SCHLANGEN: I move approval of the consent agenda. THROOP: Second VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. REOPENED PUBLIC HEARING ON ANTLER LANE LID Before the Board was a proposed Antler Lane Local the Cagle Subdivision #5. 1 - BOARD MINUTES: 7/3/91 reopening of the hearing on the Improvement District, situated in 3. 010` 0313 Chairman Maudlin requested an update from Dave Hoerning. Dave Hoerning stated that on July 1, 2, and 3 of 1991, he contacted those property owners by telephone who did not reply to the Public Works mailing. They were contacted in order to obtain their opinion on whether they wanted or did not want a local improvement district. Out of the 45 lot owners who could cast a ballot: 22 lots were in favor, 22 lots objected, and one did not respond. THROOP: I move denial of the formation of the LID. SCHLANGEN: Second. Under discussion, Commissioner Throop stated that this issue had the potential of pitting neighbor against neighbor and would also create a tremendous amount of disharmony in the neighborhood. If the project were to be successful, it would be necessary for a greater consensus from the community involved. Chairman Maudlin stated that there were two existing LIDs that were nonexistent as far as payments were concerned. The County has lost money on a third LID that was foreclosed on. When this type of situation exists with only a 50 percent consensus, there would likely be a lot of objections and a lack of payment. The County would then be forced into a court battle to collect the money owed. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES A member of the audience voiced her disappointment with the decision stating that the condition of the roads was terrible. A second member of the audience stated that 75 percent of the problem was being caused by two logging companies and that they were being investigated. He stated he was happy with the decision. Commissioner Throop explained that the investigation was an ongoing activity and not a subject of the meeting, but that Karen Green, supervisor of the Code Enforcement program, was working on this issue. RESOLUTION 91-068, ACCEPTING PETITION TO VACATE A PORTION OF KNOTT ROAD AND ENGINEER'S REPORT, AND ORDER 91-086 SETTING A PUBLIC HEARING Before the Board was signature of Resolution 91-068 a petition to vacate a portion of Knott Road and report, and Order 91-086, setting a public hearing 2 - BOARD MINUTES: 7/3/91 accepting engineer's to consider 4. 0107 0314 the vacation. Resolution 91-068 would accept the engineer's report to vacate all that portion of the abandoned 60 -foot right-of-way of Knott Road located in the SW 1/4 of the SW 1/4 of Section 14, Township 18 South, Range 12 E., located in Deschutes County. The property is owned by Deschutes County. This portion of road has been abandoned due to the realignment of Knott Road. The engineer has assessed that the proposed vacation is in the public interest as this section of road has been obliterated and vehicular access has been blocked. Utilities remain within the old right-of-way and an easement for utilities will remain on the property. THROOP: I move adoption of acceptance. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Order 91-086 set the Public Hearing for August 14, 1991, at 10 a.m. in Conference Room A of the Juvenile Justice Building. THROOP: I move approval of the order. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DISCUSSION OF POSSIBLE LEASE/LICENSE FROM COID TO COUNTY FOR LAND WITHIN DESCHUTES RIVER GORGE AT CLINE FALLS Before the Board was a request from Brad Chalfant that a license or lease from COID to the County be pursued so that consolidation of these properties can occur and that they can one day be developed by another agency as a park. Deschutes County would be acting as a conduit, not as a developer of the property. Commissioner Throop stated that he had met with the Central Oregon Park and Recreation District and that they were very interested in developing this property. The Park District has two new board members, and are working closely with the City of Redmond in order that they might become a viable park entity for the Redmond community over the next year. COI has large holdings in this area and the County has a very limited holding. Brad Chalfant stated that it was necessary to move quickly or 3 - BOARD MINUTES: 7/3/91 0107 0315 we could lose the property. The property holdings within the gorge are fragmented and we currently have the opportunity to tie this property up so that it can be developed in the future as a park facility. SCHLANGEN: I would like ahead with the with COID on Cline Falls. THROOP: Second. VOTE: THROOP: SCHLANGEN: MAUDLIN to move that we have Brad go possibility of a lease/license the Deschutes River gorge at YES YES YES for going ahead but may vote no on lease 5. CONSIDERATION OF FEE WAIVER FOR CENTRAL OREGON HOUSING AUTHORITY PROJECT Before the Board was a request for fee waiver for the Central Oregon Housing Authority project. The fee waiver request is in the amount of approximately $8,800. The Community Development Department also received a request for a waiver of fees from a BMX representative saying that the Board had waived their fees. The Board stated this was not correct. A fee waiver policy developed by CDD was presented to the Board for their approval. The policy was developed to help clarify misunderstandings as to which permits would be waived. MAUDLIN: I would accept a motion for the policy deleting paragraph four. SCHLANGEN: I will make that motion. THROOP: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES THROOP: I'll move fee waiver on that pre-existing Central Oregon Housing Authority Project issue. SCHLANGEN: Second. There was discussion stating that the fee waiver for COHA project be waived, but that there be some fund somewhere for fee waivers, and that it should not come out of Community Development. There are approximately $9,000 worth of fees 4 - BOARD MINUTES: 7/3/91 I 0107 0316 that should come out of the contingency. CDD cannot continue to waive fees and maintain their budget. THROOP: I move to amend that at the end of the fiscal year, we look at the CDD fund and if they are having difficulty balancing the general fund, we will pay them $9,000, and if they are not, the Community Development Department will absorb that activity. SCHLANGEN: Second. VOTE: SCHLANGEN: YES THROOP: YES MAUDLIN: YES THROOP: Call for the question on the main motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: NO 6. CONSIDERATION OF WEEKLY WARRANT VOUCHERS Before the Board were the weekly bills in the amount of $351,479.53. THROOP: Move approval subject to review. SCHLANGEN: Second VOTE: SCHLANGEN: YES THROOP: YES MAUDLIN: YES 7. CONSIDERATION OF SIGNATURE OF DEVELOPMENT AGREEMENT WITH ANTHONY AND KATHERINE ODDO Before the Board was signature of development agreement with Anthony and Katherine Oddo for an animal hospital and veterinary clinic. THROOP: Move signature. SCHLANGEN: Second VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 5 - BOARD MINUTES: 7/3/91 9. 10. 11. 0107 0317 CONSIDERATION OF SIGNATURE OF MJP-91-1 MAJOR PARTITION FOR TWO LOTS IN AN EFU-20 ZONE FOR OWEN PANNER Before the Board was signature of MJP-91-1 a major partition for two lots in an EFU-20 zone. This involves a roadway and splits a 40 -acre parcel into two 20 -acre parcels off Bobcat Drive. THROOP: I'll move our ministerial function. SCHLANGEN: Second VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CONSIDERATION OF SIGNATURE OF TP -9.1-1, EAGLE CREST TOWNHOUSES Before the Board was signature of TP -91-1, Eagle Crest Townhouses. THROOP: Move Signature. SCHLANGEN: Second VOTE: SCHLANGEN: YES THROOP: YES MAUDLIN: YES CONSIDERATION OF DEDICATION OF RIGHT-OF-WAY ALONG TUMALO RESERVOIR MARKET ROAD Before the Board was dedication of right-of-way along Tumalo Reservoir Market Road. This property is above Tumalo State Park. Central Electric desires an easement in order to lay underground power lines. The right-of-way will be extended. SCHLANGEN: I move dedication of the right-of-way along Tumalo Reservoir Market Road. THROOP: Second the motion. VOTE: SCHLANGEN: YES THROOP: YES MAUDLIN: YES CONSIDERATION OF CHAIR SIGNATURE OF LIQUOR LICENSE RENEWAL Before the Board was Chair signature of liquor license renewal for Mt. Bachelor Sunrise Lodge. 6 - BOARD MINUTES: 7/3/91 0107 0318 SCHLANGEN: Move chair signature. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 7Th S COUNTY BOARD OF COMMISSIONERS ro , Commisgioner Nancy Pop Sc angen, Comm's Toner DiRW"'WiMin, Chairman BOCC/mmh 7 - BOARD MINUTES: 7/3/91