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1993-32125-Minutes for Meeting June 23,1993 Recorded 9/1/19939�.3Z124� 0 r ice) ry MINUTES DESCHUTES COUNTY BOARD OF COMMISSIOURS -., June 23, 1993 Chair Throop called the meeting to order at 10:06 a.m. Board members present were Chair Tom Throop and Barry H. Slaughter. Also in attendance were Tom Blust, County Engineer; Sukey Waller, Children & Youth Commission; Rick Isham, Legal Counsel; Brad Chalfant, Property Management Specialist; Jerie Schutte, Building Services Manager; Karen Green, Community Development Director; George Read, Planning Director; Susan Mayea, Board of Commissioners' Program Manager and Dave Leslie, Planner. 1. CONVENE AS EXTENSION/4-H SERVICE DISTRICT GOVERNING BODY Before the Board as the governing body for the Extension/4-H Service District was Resolution 93-059 transferring appropriations within the 4-H/Extension budget for 1992-93. SLAUGHTER: I move that Resolution 93-059 transferring appropriations within the Extension and 4-H budget be approved. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES CONVENE AS BOARD OF COUNTY COMMISSIONERS 2. CONSENT AGENDA Consent agenda items before the Board of County Commissioners were: 1) award of contract for 73rd Street L.I.D. to Pieratt Brothers, Inc.; 2) signature of warranty deed for right-of- way acquisition for Butler Market Road; 3) signature of personal service contract for Babies First program with OMAP; 4) signature of contract with COCC for nursing program's clinical experience at the Health Department; 5) signature of contract with Redmond School District for nursing services 1993-94; 6) signature of personal services contract with Milton Aleshire for polygraph services; 7) signature of Order 93-153, assigning the name of Ten Peaks Court; 8) signature of Order 93-152, changing the name of a portion of Cypress Street to Brookswood Boulevard; 9) signature of mylar for Eastbrook Estates Phase III; 10) signature of liquor license applications for Greenside Grill and Deli and More; and 11) signature of MP -92-39 to divide a 158 -acre parcel into three parcels of 79.75, 39.54, and 38.58 acres in the EFU-TRB zone. _t4 1993 6/23/93 MINUTES PAGE 1 3. SLAUGHTER: I move approval of the consent agenda. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES COMPREHENSIVE PLAN ALLOCATIONS FOR 1993-95, CHILD CARE BLOCK GRANT ALLOCATIONS FOR 1991-93, AND PLAN AMENDMENT TO 1991-93 COMPREHENSIVE PLAN Before the Board was approval of the Comprehensive Plan allocations for 1993-95, the Child Care Block Grant allocations for biennium 1991-93, and the plan amendment to the 1991-93 Comprehensive Plan. Sukey Waller introduced Sue Hollern, the chair of the Children and Youth Commission and Don Hamon, chair of the funding committee and chair -elect of the Children and Youth Commission. Don Hamon stated that the funding committee for this biennium expected to allocate approximately $400,000 to youth programs in Deschutes County. He said 15 programs were being recommended by the Funding Committee and Youth Commission and were now before the Board for approval. The recommended allocated amount was $343,769. $50,053 was held back for an RFP in the fall which would specifically be directed toward Teen Pregnancy Prevention in the 9 to 12 year old age group, which was asked for by the State. Sukey explained that the young age was targeted because of the ability to track this age group five years from now. Mr. Hammond said that the requests received totaled approximately $1.5 million. He explained that the needs for children far exceeded the ability to fund them especially after Ballot Measure #5. He stated that Deschutes County had been recognized as a leader and that the County departments, entities, and business leaders have all been able to successfully work together. Sukey Waller commended the cooperation between the County, the Children and Youth Commission, and the Children's Foundation as well as the support from local civic clubs, organizations, and individuals. She also stated there were more than 250 volunteers involved. Chair Throop and Commissioner Slaughter commented on Deschutes County's leadership in children's programs. Chair Throop explained that HB 2003 would set up a pilot that would take the County efforts and expand them by vesting the resources that fund other programs that have decisionmaking authority at the state level and with other governing bodies in the Children and Youth Commission. He said that Deschutes County was recognized as the leading entity statewide and that the 6/23/93 MINUTES PAGE 2 Deschutes County was named as the place where they wished to implement the pilot study. SLAUGHTER: I move the approval of the Comprehensive Plan allocations for 1993-95, the Child Care Block Grant allocations for the biennium 1991-93, and the Plan Amendment to 1991-93 Comprehensive Plan. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 4. ORDINANCE 93-015 AMENDING THEJOINT MANAGEMENT AGREEMENT ORDINANCE 93-016 AMENDING THE BEND URBAN AREA GENERAL PLAN, ORDINANCE 93-017 AMENDING THE BEND URBAN AREA GENERAL PLAN TEXT, ORDINANCE 93-018 AMENDING TITLE 19, AND ORDINANCE 93-023 AMENDING CHAPTER 19 OF THE DESCHUTES COUNTY CODE Before the Board was Ordinance 93-015 amending the Joint Management Agreement between Deschutes County and the City of Bend with respect to the Bend urban area and declaring an emergency. Catherine Morrow stated that she had just returned from the City of Bend with copies of the changes made in the attachment and asked that signature on this particular ordinance be postponed until June 30, 1993, in order that the changes might be proofread. Also before the Board was signature of Ordinance 93-016 amending the Bend Urban Area General Plan to adopt revised text concerning a public facilities plan and declaring an emergency, Ordinance 93-017 amending the Bend Urban Area General Plan Text Facilities and declaring an emergency, Ordinance 93-018 amending Title 19, the Bend Urban Area Zoning Ordinance relating to land division in the RS, RL and SR 2 1/2 zones and declaring an emergency, and Ordinance 93-023 amending Chapter 12 of the Deschutes County Code to adopt a revised public facilities plan and declaring an emergency. Chair Throop explained that these issues had been under considerable cooperative discussion between the City of Bend and Deschutes County. The Bend Urban Area Planning Commission had thoroughly reviewed the ordinances and made recommendations to both bodies. He said the City of Bend had adopted the elements and that they now were before the Board of County Commissioners. Catherine Morrow explained how the package had evolved. She said that the Deschutes County Planning Commission had held a public hearing on May 5, 1993, and that the County Commissioners then held a staff work session on May 18 at which time minor changes to the ordinances were discussed, 6/23/93 MINUTES PAGE 3 1.2 r 1! �'-t I F 7 J, i.e. removal of provision for a redevelopment agreement from the SR 2-1/2 zone, plus technical changes requested by legal counsel for clarity of ordinance language. She stated the final step would be the adoption of the ordinances. 5. RESOLUTION 93-060 PROCLAIMING JUNE 27 -JULY 2, 1993, AS ST. CHARLES MEDICAL CENTER WEEK Before the Board was Resolution 93-060 proclaiming June 27 - July 2 as St. Charles Medical Center Week. Sister Kathryn Hellman, president of St. Charles Medical Center, thanked the Board for considering this resolution. She recalled her first knowledge of County involvement with St. Charles by describing Deschutes County's efforts in the 1940s with the fund drive to build a new hospital. She said that 21 years ago the Sisters of St. Joseph turned over all the assets to the people of this community to carry on St. Charles' healing mission. Sister Kathryn stated that the people of Deschutes County had been the heart and the spirit of St. Charles and thanked the Board of Commissioners for participating in the 75th anniversary celebration. Chair Throop read the resolution. SLAUGHTER: I am particularly honored to resolve and proclaim June 27 -July 2 as St. Charles Medical Center Week. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES PUBLIC HEARING ON CONSIDERATION OF ORDINANCE 93-027 AND ORDINANCE 93-028 Before the Board was Ordinance 93-027, amending Deschutes County Comprehensive Plan, and Ordinance 93-028 amending Title 18, Deschutes County Zoning Map. Dave Leslie gave the staff report. He referred to the draft ordinances and said that if adopted, these would amend the Comprehensive Plan from a forest designation to surface mining and change the zone designation to surface mining on the parcel at Finley Butte southeast of La Pine. He said there were no opponents to the application and that staff recommended adoption of the ordinances. He said Mr. and Mrs. Russell had reviewed the hearings officer's findings and recommendation and concurred with the conditions. Chair Throop opened the public hearing. Vic Russell, 15118 Fall River Drive, Bend, Oregon 97707, stated this was the end 6/23/93 MINUTES PAGE 4 7. ',E, 7-1 to a 12 -year pursuit of a surface mine in the La Pine area. He said this would be an asset to the Central Oregon and La Pine community. Being no further testimony, the public hearing was closed. SLAUGHTER: I move approval of Ordinance 93-027 amending Deschutes County Comprehensive Plan and Ordinance 93-028 amending Title 8 of Deschutes County Zoning Map. THROOP: First and second reading by title only. I'll second the motion for first and second reading by title only of Ordinance 93-027 and 93-028. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES Chair Throop then gave the first and second readings of Ordinance 93-027. He then gave the first and second readings of Ordinance 93- 028. SLAUGHTER: I move adoption of Ordinance 93-027 and 93- 028. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES PUBLIC HEARING ON BOARD CALL-UP OF HEARINGS OFFICER'S DECISION FOR SP -93-21 Before the Board was a public hearing on the Board call-up of the hearings officer's decision for SP -93-21. Dave Leslie stated the Hearings Officer's recommendation was for approval of the site plan contingent upon adoption of the ordinances the Board had just approved. Chair Throop opened the public hearing. Being no testimony, the public hearing was closed. SLAUGHTER: THROOP: VOTE: I move approval of site plan 93-21. Second. SCHLANGEN: SLAUGHTER: THROOP: 6/23/93 MINUTES PAGE 5 EXCUSED YES YES SIGNATURE OF LIBRARY ROOF REPAIR CONTRACT WITH EAGLE ROOFING Before the Board was consideration of signature of the library roof repair contract with Eagle Roofing. Chair Throop asked that Jerie Schutte and Tom Blust come forward to discuss individual requests as they were similar. Chair Throop explained that this would be the first time in Commissioner Slaughter's tenure that certain requirements had been waived and the commissioners had determined it would be beneficial to have a brief discussion of the requirements and why certain requirements are waived and how the requests by Jerie Schutte and Tom Blust would be affected. Rick Isham explained that, generally, any contract under $10,000 did not have a performance bond requirement. However in cases where the amount of the contract was not known in advance, all public contracting rules applied. Additionally if any one contractor during the fiscal year receives contracts in excess of $20,000, all requirements apply to those contracts. He said the County public contracting ordinance had different requirements depending on the amount and that Jerie Schutte's contracts for the library roof were individually both less. than $10,000. To save money it was being requested that certain requirements not apply to this contract. Rick stated that Tom Blust's Public Works Department waiver requirement was somewhat different. In a public improvement, in order to waive the payment performance bond for a contract in excess of $10,000, there had to be a finding that there was an emergency which would give the Board authorization to waive the bond. He said that with public property, whether real property or personal property, it is not subject to a lean by a supplier. He said that public bonds were only for the benefit of suppliers and subcontractors to a general contractor. He said that Tom Blust was requesting to waive the performance of payment bond requirements for equipment purchases the Public Works Department anticipated making. Commissioner Slaughter asked if the amount had changed from $10,000. Rick answered that the State Public Purchasing Rules applied to all contracts in excess of $2,000 and that the County had adopted rules that increased that amount to $10,000. SLAUGHTER: I would move signature of library roof repair contract with Eagle Roofing with a waiver for payment of performance bond. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 6/23/93 MINUTES PAGE 6 C_. .° 9. VERBAL WAIVER OF PAYMENT AND PERFORMANCE BOND AND SIGNATURE ON WAREHOUSE RE -ROOF PROJECT CONTRACT Before the Board was request for a verbal waiver of payment and performance bond and signature of warehouse re -roof project contract. SLAUGHTER: I move waiver of payment and performance bond and signature on warehouse re -roof project contract. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 10. WAIVER OF EQUIPMENT PURCHASE BONDS Before the Board was consideration of a waiver for equipment purchase bonds. Tom Blust commented that the purchase was over $200,000 worth of equipment and that approximately 5 percent would be saved by waiving the bond requirement amounting to a savings of $10,000. SLAUGHTER: I would move waiver of equipment purchase bonds. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 11. LETTER OF UNDERSTANDING FOR RIGHT-OF-WAY ACQUISITION Before the Board was consideration of signature of letter of understanding for right-of-way acquisition on Brookswood Boulevard. Tom Blust said this would allow permit of entry to be given so as to proceed with the Public Works construction project. Commissioner Slaughter asked if there would also be a change in road name. Tom Blust said that the road was currently called Crow Road and would become part of Brookswood Boulevard. SLAUGHTER: I move signature on letter of understanding for right-of-way acquisition on Brookswood Boulevard. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 6/23/93 MINUTES PAGE 7 12. DEVELOPMENT AGREEMENT FOR WAL-MART STORE SITE PLAN IN BEND Before the Board was consideration of signature of development agreement for the Wal -mart store site plan in Bend. Chair Throop explained that this was a very straight -forward development agreement that had been completely through the system and was now before the Board. SLAUGHTER: I move signature on development agreement for the Wal-Mart store site plan in Bend. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 13. WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was consideration of weekly accounts payable vouchers in the amount of $335,711.16. SLAUGHTER: I move signature in payment of weekly accounts payable vouchers subject to review. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 14. APPLICATION TO PURCHASE LOT 8, BLOCK 2, LA PINE INDUSTRIAL SITE Before the Board was consideration of application to purchase Lot 8, Block 2, on the La Pine Industrial Site. Brad Chalfant gave the staff report. He stated the new application process being developed for the industrial park was not fully implemented as yet, but that the Economic Development Board had received an application that they wished to proceed with. The Economic Board had supplied the applicant with one of the drafts of the new application, it had been prepared, and was submitted. The Economic Development Board interviewed the applicant and recommended that the Board of Commissioners approve the application and the purchase of the property. Brad stated it was his understanding that the applicant was proposing an amount less than the posted price of $10,000 with a 5 percent discount for a cash sale. Brad recommended that the County hold firm on that amount as a market analysis had been done two years ago and, at that time, the Board felt strongly it would be inappropriate to go any lower than that amount. Since then the property values have increased. 6/23/93 MINUTES PAGE 8 Darwin Thurston, 52861 Meadow Lane, La Pine, Oregon, member of the Economic Development Board, came forward. He said this site would be a vehicle maintenance facility and that they were working with Brad Chalfant on certain restrictive covenants; the items in the covenants had been covered with the applicant, and the applicant was in agreement. He said the goal was to improve the property and that they were placing restrictive covenants in order to take care of negative situations that might arise in the future. He stated the applicant's business would be beneficial to the La Pine area and that the Economic Development Board recommended this. He said the Economic Development Board also recommended the posted price. Chair Throop commented that, beyond the costs paid, the funds generated off sale or lease of properties would be reinvested in the park, and he felt strongly about holding to the price. Darwin Thurston agreed that the money going back into the park would improve the park for everyone. Chair Throop stated he understood that the La Pine Economic Development Board would require that the deed be held in escrow until the business was perfected on the site and once the site plan was completed, the deed would transfer. Brad Chalfant responded that was the clear intention for this property. Mr. Thurston concluded that their intention was to ensure that the property would be developed for the purpose stated when sold and that the deed would be transferred upon the certificate of occupancy or certificate of completion. Tom Throop stated the La Pine Industrial Park was the only industrial park that the County owned or was involved with directly. He said the ultimate goal was that the La Pine community would adopt a port district, which would be on the ballot in May 1994. During the interim time, the La Pine Economic Development Board would take greater management leadership of the park and if the port district was approved, the County would turn over the ownership and management of the park to the port district. Commissioner Slaughter asked how much property was involved. Brad Chalfant responded that it was approximately one acre. LeeRoy Couch, 67775 Erickson Road, Bend, Oregon came forward to testify. Chair Throop stated that the County would probably want to retain the purchase price as established and asked if Mr. Couch wanted to make his case for a reduced price or if he was willing to accept the Board of Commissioners' recommendation. Mr. Couch stated there was a 5 percent discount for a cash offer making the purchase price $9,500. He said he had planned to make an offer of $8,500 as there were some improvements needed to be made which none of the 6/23/93 MINUTES PAGE 9 other owners of properties in the park have had to make, such as screening. He also pointed out that some of the properties were not well kept or landscaped as this property was required to be. Chair Throop stated the County would probably stay firm on the price with the five percent for cash. Chair Throop asked how many people Mr. Couch employed. Mr. Couch stated he had 15-20 employees and agreed that being able to move the business from an RR -10 to an industrial zone would help him to retain the employment of these people. Brad Chalfant recommended the Board of Commissioners authorize the sale of the property at the $9,500 amount and that if the Board approved, a deed would be circulated for Board signature with appropriate escrow language to allow it to close once the property was developed. SLAUGHTER: I move that we authorize the sale of Lot 8, Block 2, La Pine Industrial Site. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 15. APPOINTMENT TO DESCHUTES RIVER RECREATION HOMESITES UNIT 6 SPECIAL ROAD DISTRICT BOARD OF DIRECTORS Before the Board was appointment of Richard Grimes to the Deschutes River Recreation Homesites Unit 6 Special Road District Board of Directors. SLAUGHTER: I move appointment of Richard Grimes to the Deschutes River Recreation Homesites Unit 6 Special Road District Board of Directors. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 16. APPOINTMENT TO SPECIAL ROAD DISTRICT #8 Before the Board was appointment of Sandra Irving to Special Road District #8 Board of Directors. SLAUGHTER: I move appointment of Sandra Irving to Special Road District #8 Board of Directors. THROOP: Second. 6/23/93 MINUTES PAGE 10 18. TWIN KNOLLS MYLAR Before the Board was signature of mylar for Twin Knolls subdivision. SLAUGHTER: I move signature on mylar for Twin Knolls subdivision. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 19. FOREST GROVE ESTATES, PHASE I MYLAR Before the Board was signature of a mylar for Forest Grove Estates, Phase I. SLAUGHTER: I move signature on mylar for Forest Grove Estates, Phase I. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 20. LETTER OF REQUEST OF WAIVER OF DUMP FEES FOR ALLAN RADEMACHER HOUSE PRESERVATION PROJECT Before the Board was approval of a request for waiver of dump fees for the Allan Rademacher House project. Chair Throop explained that in the past the Board had waived dump fees on 6/23/93 MINUTES PAGE 11 VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 17. LIQUOR LICENSE APPLICATIONS FOR SUNRIVER RESORT LIMITED PARTNERSHIP Before the Board was signature of four liquor license applications for Sunriver Resort Limited Partnership. SLAUGHTER: I move signature on liquor license applications for Sunriver Resort Limited Partnership. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 18. TWIN KNOLLS MYLAR Before the Board was signature of mylar for Twin Knolls subdivision. SLAUGHTER: I move signature on mylar for Twin Knolls subdivision. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 19. FOREST GROVE ESTATES, PHASE I MYLAR Before the Board was signature of a mylar for Forest Grove Estates, Phase I. SLAUGHTER: I move signature on mylar for Forest Grove Estates, Phase I. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 20. LETTER OF REQUEST OF WAIVER OF DUMP FEES FOR ALLAN RADEMACHER HOUSE PRESERVATION PROJECT Before the Board was approval of a request for waiver of dump fees for the Allan Rademacher House project. Chair Throop explained that in the past the Board had waived dump fees on 6/23/93 MINUTES PAGE 11 1 41 this project for landfilling, demolished garage block wall and fencing materials. At that time the applicants had indicated that there would be a future request for further demolition as the house was prepared to be moved to its new site adjacent to the plaza. He requested the Board waive landfill fees for the demolition work on the Allan Rademacher House Preservation Project. SLAUGHTER: This is a gift kind of thing and I think we should approve the waiver of these fees. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 21. CONSIDERATION OF ORDINANCES NO. 93-016, 93-017, 93-018, AND 93-023 Before the Board was consideration of adoption of Ordinances 93-016, 93-017, 93-018, and 93-023. SLAUGHTER: I call question on Ordinance # 93-016 amending the Bend Urban Area General Plan to adopt revised text concerning a public facility plan and declaring an emergency. I move first and second reading by title only. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES Chair Throop then gave the first and second readings of Ordinance Number 93-016. SLAUGHTER: I move adoption of ordinance 93-016. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES SLAUGHTER: I move first and second reading of Ordinance 93-017 amending the Bend Urban Area General Plan text relating to urbanization and residential development and public facilities and declaring an emergency. THROOP: Second the motion for first and second reading by title only. 6/23/93 MINUTES PAGE 12 Chair Throop then gave the first and second readings of Ordinance Number 93-017. SLAUGHTER: I move approval of 93-017. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES SLAUGHTER: I move first and second reading of Ordinance 93-018 amending Title 19, the Bend Urban Area zoning ordinance relating to land division in the RS, RL, and SR 2 1/2 zones and declaring an emergency. THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES Chair Throop gave the first and second reading of Ordinance 93-018. SLAUGHTER: I move approval of Ordinance 93-018 THROOP: Second. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES SLAUGHTER: I move first and second reading of Ordinance 93-023 amending Charter 12 of the Deschutes County Code and adopting a revised public facilities plan and declaring an emergency. THROOP: Second for the first and second reading by title only. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES Chair Throop gave the first and second reading of Ordinance 93-023. SLAUGHTER: I move approval of Ordinance 93-023. THROOP: Second. 6/23/93 MINUTES PAGE 13 VOTE: SCHLANGEN: SLAUGHTER: THROOP: DATED this �2 day of Commissioners of Deschutes ATTEST: L24jea-e - Recording Secretary 6/23/93 MINUTES PAGE 14 EXCUSED YES YES l Barry H. Slaughter, Commissioner