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1993-03133-Minutes for Meeting January 06,1993 Recorded 1/28/199393-03133 MINUTES 0-129-066-7 DESCHUTES COUNTY BOARD OF COMMISSIOI R .t` "'' f L January 6, 1993 Chair Throop called the meeting to order at 10 a.m. Board members in attendance were Tom Throop, Nancy Pope Schlangen, and Barry Slaughter. Also present were: Larry Rice, Director of Public Works; Tom Blust, County Engineer; Michael A. Maier, County Administrator; Rick Isham, County Counsel; Bruce White, Assistant County Counsel; and Brad Chalfant, Property Management Specialist. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, Chair signature of State Health Division budget revision and approval of associated expenditures and transfers; #2, signature of conservation easement for the Rables on property adjacent to the Deschutes River south of Burgess Road; #3, reappointment of Phyllis Downey to Lazy River Special Road District Board of Directors; and 4, reappointment of Erwin "Bud" Regan to Fall River Estates Special Road District Board of Directors. SCHLANGEN: I move approval of consent agenda items 1-4. SLAUGHTER: Second. VOTE: SCHLANGEN YES SLAUGHTER YES THROOP YES 2. PUBLIC HEARING: ORDER 93-001 VACATING A PORTION OF FERGUSON ROAD Before the Board was consideration of an order vacating a portion of Ferguson Road. This property is owned by the public and the portion in question had been realigned; therefore the right-of-way was no longer needed for roadway purposes. Tom Blust presented a staff report prior to the opening of the public hearing. He stated that the County had received a petition initiated by the developer of Ferguson Court Subdivision to vacate the portion of Ferguson Road that would no longer be used. He stated easement for utilities present within the right-of-way would be retained. This vacation was a condition for approval of Phase II of Ferguson Court, and had been reviewed by both the Public Works and Community Development departments. He recommended approval of the vacation contingent upon approval of the final plat of Ferguson Court Phase II. Chair Throop opened the public hearing. Charles Boardman, 61104 Ferguson Road, Bend, Oregon questi,gued Tom Blust FEB '99 0120-0608 regarding Lot 6 and whether it was a part of Eagle Ridge or a part of Ferguson Court. Tom Blust responded that Lot 6 was part of Ferguson Court subdivision. He stated that once the vacation and plat for Phase II of Ferguson Court was filed, a lot line adjustment would be made combining Lot 6 with Lots 1 and 2. Mr. Boardman felt that Lot 6 was too small to be considered buildable. Chair Throop asked if Mr. Boardman had raised these concerns with the Community Development Department. Mr. Boardman stated this was his first opportunity to discuss these concerns. Tom Blust offered that Lot 6 would be combined with Lot 1 and would no longer be a separate lot. Mr. Boardman also expressed concern about rock piled in the area. Tom Blust explained that the rock was part of excavation work and that it would be removed from the right-of-way. Chair Throop asked that this issue be postponed one week so that Mr. Boardman might have the opportunity to talk with County staff about his concerns. Don Nichols, 61116 Ferguson Road, Bend, Oregon stated that the road was already vacated. He stated that the right-of-way should be vacated and that this should be done as soon as possible. He said that at the present time it was a cul-de- sac, and if reversed, it would put traffic through that area and cause a safety concern. Chair Throop continued the public hearing to January 13. 3. Public Hearing of Order 93-004 to Hear Objections to Proposed Real Property Transfer to the Bend Metro Park & Recreation District Brad Chalfant presented the staff report. Brad stated that the transfer concerned 80 acres near Ward and Gosney Roads and that this was an on going project between Deschutes County and Bend Metro Park & Recreation with the purpose of consolidating land for an approximate 900 acre Eastgate Park. Chair Throop opened the public hearing. Being no public testimony, the hearing was closed. SCHLANGEN: I move signature of order 93-004. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PAGE 2 MINUTES 1-6-93 0120-0609 4. Public Hearing on Order 93-003 to Hear Objections to the Proposed Real Property Transfer to Habitat for Humanity Brad Chalfant gave the staff report. He stated the proposed transfer was a small residential lot on the corner of Florida and Bond Streets. The transfer to Habitat for Humanity would contain a reversion, which would be released upon successful development of the property. He said that the County and City of Bend had discussed the property and that the City planning staff agreed that it would be feasible to develop a house at that location. Chair Throop opened the public hearing. Robert Jamieson, 19492 Kemple Drive, Bend, Oregon, stated that he worked in the Edwards Building on the corner of Bond and that he supported Habitat for Humanity. However, he questioned the transfer for reasons of safety and appropriate use. He stated the neighborhood was an old, established area and that the new bypass would cause a shift in the traffic patterns on Bond Street. He said it was estimated that, in the future, 400-500 cars/hour would be traveling that road. He said the neighborhood population was made up of a significant number of older, retired people, and he felt there would be a better long-term use for this property as a open space for senior citizens. He said he was a member of the Old Town Neighborhood Association and that they have had no opportunities to give input regarding other uses for this property. He felt that Habitat already had a number of buildable lots. Commissioner Schlangen stated the Park District had expressed no interest and asked how it would be maintained if it were to be made a park. Mr. Jamieson stated that the Old Town Neighborhood should be given an opportunity to look at this piece of property and develop an alternative plan if the Park & Recreation District did not want it. He asked that before transferring property to Habitat, the long-term goals of the neighborhood be examined as well as consideration of the impact of the new bypass. Hazel Gammond, 665 N.E. Marshall Street, Bend, Oregon stated that she was the oldest resident of that area. She said she had witnessed the mistreatment of the lot by people throwing things onto it and that it was covered in weeds each year. She supported a house being placed on the property. Clyde Everton, 1283 N.W. Trenton, Bend, Oregon stated that as a senior citizen, he would not care to sit in a park that had approximately 500-600 cars passing every hour. He felt that a house on that site would be a better use of the property Verle Mitchell, 61300 King Solomon, Bend, Oregon said that he PAGE 3 MINUTES 1-6-93 was the pastor of the United area and that in addition to were many young families. H area for family residences property to Habitat. Methodist Church located in that senior citizen residents, there He 0120-0610 said he supported upgrading the and was in favor of giving the Fred Johnson, 429 N.W. Georgia, Bend, Oregon stated he was a resident of the area and also a member of the Old Town Neighborhood Association. He said he had no objection to Habitat for Humanity but that he questioned the process and how it had been initiated. He stated that the Old Town Neighborhood Association had looked at how the couplet would impact downtown, and how the couplet joining at Bond and Wall street and how it will impact the area. He stated that Habitat projects in the past had traditionally been larger families with smaller incomes. He felt that putting a large family with a number of children on this street would be worthy of review. He stated safety would be an issue since there were no sidewalks in the area. Chair Throop explained that the County did have land holdings and many of those parcels held by the County were obtained from the tax foreclosure process. He explained that the County will, when possible, make its parcels available for park purposes. He also explained that 2 of the 3 new school sites currently under construction in Bend were parcels owned by Deschutes County and transferred to the school district. This saved the taxpayers money by not forcing the schools to acquire parcels. Chair Throop asked why the Old Town Neighborhood Association had not come forward during the public hearing in December to express their concerns. Mr. Johnson responded that the Association had not been informed until the morning of the hearing. Commissioner Slaughter suggested that this hearing be postponed for one week. Chair Throop stated he would like the opportunity to meet with the Association to ascertain their objectives and develop a working relationship. He asked that Mr. Johnson communicate this at the next Association board meeting, and that a time be determined for such a meeting. Deanne Everton, Director of Habitat for Humanity, 1375 N.W. Kingston, Bend, Oregon came forward. She said that Habitat currently held eight lots which they purchased from the City of Bend in 1992. They plan to build a higher density complex on those lots. They are currently working on one house and have one other lot in their possession that they plan to build on as soon as weather permits. She said they didn't always find the perfect property because of the expense and that they try to find what is available and suitable for a small home. PAGE 4 MINUTES 1-6-93 5. 21 7. 0120-0611 She stated she had families in their program for approximately two years and Habitat would like to have lots to enable them to start building homes. The subject lot is good as it is near to school and has sewer and water. She stated that their average size family is a family of four and that there were four families currently working on their "sweat equity" waiting for homes. Hazel Gammond reaffirmed her approval of Habitat for Humanity obtaining the property. Chair Throop stated that the public hearing would be continued to January 20. Reappointments to the Deschutes County Mental Health Advisory Board Before the Board was consideration of reappointment of Pete Miller, Carolyn Miller, and Norm Ehlers to the Deschutes County Mental Health Advisory Board. SCHLANGEN: Move reappointments. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Accounts Payable Vouchers Before the Board was consideration of accounts payable vouchers in the amount of $135,186.24. SLAUGHTER: Move approval. SCHLANGEN: Upon review. Second. VOTE: SCHLANGEN: YES SLAUGHTER YES THROOP YES Signature of SHPO Grant for Matching Funds for Exterior Repairs Before the Board was Signature of SHPO (State Historic Preservation Office) grant for matching funds for exterior repairs to the Tetherow House. Brad Chalfant stated that Deschutes County owned the Tetherow Homestead Crossing on the Deschutes River west of Redmond and that the house dated back to 1878. There is a caretaker at the house as it is a historic structure, and this caretaker provides minor PAGE 5 MINUTES 1-6-93 0120-0612 maintenance. Deschutes County applied to the State for funds related to the Oregon Trail commemorations and we were the recipients for a matching grant. The State will provide $3,200 for materials. Brad recommended approval of the contracts. SCHLANGEN: I move signature of SHPO grant. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 8. Signature of Order No. 93-055 Confirming Withdrawal of CRR FROM RFPD #1 Before the Board was consideration of withdrawal of a portion of the Crooked River Ranch subdivision from Rural Fire Protection District #1 and annexation to the Crooked River Ranch Rural Fire Protection District based in Jefferson County. Bruce White stated that an order was signed contingent upon annexation by the Crooked River Ranch Fire Protection District and that Deschutes County had been notified by the Department of Revenue of that occurring. Therefore, there was no contingency left to going forward and recognizing the final withdrawal. SCHLANGEN: I move signature of Order 93-055. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 9. Signature of Bond Resolution No. 93-001 Authorizing the Issuance and Sale of Limited Tax Improvement Bonds, 1993 Before the Board was signature of Resolution #93-001, a resolution authorizing the issuance and sale of limited tax improvement bonds, series 1993, in an amount not to exceed $490,000 for the purpose of financing local improvements. SCHLANGEN: SLAUGHTER: VOTE: PAGE 6 MINUTES I move signature of Bond Resolution No. 93-001. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 1-6-93 10. 11. 12. 13. 0120-0613 Signature of Country Park Plat Phase I Subdivision Before the Board was signature of Country Park Plat Phase I Subdivision near 27th Street and Umatilla Avenue in Redmond for John and Peggy Prian. SCHLANGEN: I move signature of plat. SECOND: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Signature of Final Plat for MJP-91-19 Before the Board was signature of final plat major partition to divide a 60 -acre parcel into a 40 and two 10 -acre parcels in a RR -10 zone on Johnson Road for Mike and Beverly Raritis. SCHLANGEN: I move signature of plat. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Signature of Liquor License Before the Board was signature of a liquor license application for the Champions Restaurant and Sports Lounge. SLAUGHTER: I move signature on this liquor license for the Champions Restaurant and Sports Lounge. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Board Update as to Snow and Ice Removal Larry Rice reported that the Public Works Department had been receiving several hundred calls per day regarding snow issues. He stated there are 1440 county -maintained lane miles which takes four days to complete for county -wide snow. Because of the snow conditions, Public Works has started new scheduling as of January 6. They•now will be operating two,.twelve-hour shifts for the operators of snow plows and sanders. The fleet and equipment department will be operating two, eight-hour PAGE 7 MINUTES 1-6-93 0120-0614 shifts in order to keep the equipment on the road. Dated this 6�_ day of , 1993, by the Board of Commissioners of Deschutes County, Or on. ATTEST: ti Nancy Pope hl ngen, Commissionly Recording Secreta B. H. Slaughter, Commissioner PAGE 8 MINUTES 1-6-93