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