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1994-35671-Minutes for Meeting June 29,1994 Recorded 9/13/199494-35671 0137-OIM . MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS c:?. 070 1 j_ Wednesday, June 29, 1994 8 13 Chair Schlangen called the meeting to order at 10:08 a.m. County Commissioners in attendance were Nancy Pope Schlangen, Tom Throop and Barry Slaughter. Also in attendance were Ralph Delamarter, Librarian; Susan Mayea, Support Services Manager; Brad Chalfant, Property Manager; Sue Stoneman, Community Relations Specialist II; Tom Blust, County Engineer; Mike Maier, County Administrator; Bruce White, Assistant County Counsel; Kevin Harrison, Planner, and Rick Isham, County Counsel. CONVENE AS GOVERNING BODY OF BLACK BUTTE RANCH SERVICE DISTRICT 1. PUBLIC HEARING: CONSIDERATION OF RESOLUTION NO. 94-069, ADOPTING THE 1994/95 BLACK BUTTE RANCH SERVICE DISTRICT BUDGET Susan Mayea reported there were no changes in Black Butte Ranch Service District from the approved budget. The total budget for the fiscal 1994/95 year will be $400,700 of which $198,000 is their actual tax levy. They have a tax base of $360,000 of which they are levying only $198,000. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. SLAUGHTER: I would move approval of Resolution No. 94- 069, adopting the Black Butte Ranch Service District budget. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. CONSIDERATION OF RESOLUTION NO. 94-070, MAKING APPROPRIATIONS FOR THE 1994/95 BLACK BUTTE RANCH SERVICE DISTRICT BUDGET Before the Board was signature of Resolution No. 94-070, making appropriations for the 1994/95 Black Butte Ranch Service District budget. SLAUGHTER: I would move approval of Resolution No. 94- 070, making appropriations for the 1994/95 Black Butte Ranch Service District budget. THROOP: Second the motion. MICROFILMED SEP 211994 BEY CHED 319,94 3. 4. 0137-0151 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES CONVENE AS GOVERNING BODY OF 4-H/EXTENSION SERVICE DISTRICT PUBLIC HEARING: CONSIDERATION OF RESOLUTION NO. 94-071, ADOPTING THE 1994/95 4-H/EXTENSION SERVICE DISTRICT BUDGET Susan Mayea reported the budget had changed slightly from the approved budget because $25,000 had been donated to help 4- H/Extension. Total budget for 4-H/Extension was $234,343 for the 1994/95 fiscal year. The tax base they will be levying is $142,596. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. Tom Wykes reported that there was an anonymous donation of $25,000 for one time only. Mike Maier reported that even with the donation, they will not return to the 40 hour work week - they will remain on 37 1/2 hours. SLAUGHTER: I move approval of Resolution No. 94-071, adopting the 1994/95 4-H/Extension Service District budget. THROOP: I'll second the motion VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES CONSIDERATION OF RESOLUTION NO. 94-072, MAKING APPROPRIATIONS FOR THE 1994/95 4-H/EXTENSION SERVICE DISTRICT BUDGET Before the Board was signature of Resolution No. 94-072, making appropriations for the 1994/95 4-H/Extension Service District budget. THROOP: SLAUGHTER: I'll move signature. Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 2 JUNE 29, 1994 5. 6. 0137-0152 CONSIDERATION OF RESOLUTION NO. 94-077, TRANSFERRING APPROPRIATIONS WITHIN 4-H/EXTENSION SERVICE DISTRICT BUDGET 1993/94 Before the Board was signature of Resolution No. 94-077, transferring appropriations within 4-H/Extension Service District Budget for 1993/94. SLAUGHTER: I move approval of transfer. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES CONVENE AS DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS �A6 Before the Board was a public hearing on Resolution No. 94- 073, adopting the 1994/95 Deschutes County Budget. Mike Maier reported the final draft of the proposed budget total was $74,104,385. He reported that if the transfers of $10,799,579 were subtracted, the total amount of the County budget is $63,304,806. Chair Schlangen opened the public hearing. Bill Jayne, member of the Deschutes County Board of Library Trustees, requested the Board of County Commissioners reconsider a part time position for the La Pine and Sisters Libraries. He reported it would cost $22,000 for the year for two positions. Jerie Sly, La Pine Library Board, stated there was a need for a part time position. Chair Schlangen closed the public hearing. Commissioner Throop responded that this was the best the Board could do for now. He stated there was a priority list which would be reviewed when the beginning cash figure was firm. Commissioner Slaughter stated this budget included a 40 hour work week which would start July 5, 1994. He felt it was a good and solid budget but would be tight. THROOP: I move signature of Resolution No.94-073 MINUTES PAGE 3 JUNE 29, 1994 7. 013'7-0153 SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES CONSIDERATION OF RESOLUTION NO. 94-074, MAKING APPROPRIATIONS FOR THE 1994/95 DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 94-074, making appropriations for the 1994/95 Deschutes County budget. SLAUGHTER: I'll move approval of the resolution. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES CONSENT AGENDA: Consent agenda items before the Board were: 1) signature of Personal Services Contract for site work and wells with David Evans & Associates; 2) award of contract to Hap Taylor for the Butler Market Road project; 3) signature of Personal Services Contract with Holmes, Hurley, et al for the services of Kevin Keillor in solid waste matters; 4) signature of Personal Services Contract with David Evans & Associates for facilitator services; 5) signature of Amendment to Personal Services Contract with Bend Recycling Team; 6) signature of Acceptance of Slope and Construction Easement from Sunriver Owners Association; 7) signature of Personal Services Contract with Geoffrey Hyde; 8) approval of Mental Health Designee for "Director's Holds" 9) signature of COCC Nursing Program Contract; 10) signature of HMO Oregon Contract for Services; 11) signature of Development Agreement for TP -92-772, Vandevert Ranch, Phase II Plat; 12) signature of Maintenance Agreement and Software License with VOTEC;13) signature of Order No. 94-048, approving and confirming the sale of certain real property at the Land Sale Auction; 14) signature of Resolution No. 94-067 authorizing Tom Throop to approve weekly accounts payable vouchers during the week of July 4, 1994' 15) signature of Mylar for Black Hawk, Phase One; 16) signature of Mylar for Mountain Peaks, Phase II; 17) signature of plat for Emil Buchser to divide an 80 -acre parcel into two 40 -acre parcels in the RR -10 Zone; 18) approval of appointment of Larry Pratt and reappointment of Chris Babcock to the Deschutes Basin Resource Committee; 19) signature of Resolution No. 94-068, declaring intent to exchange interest in real property with James R. Olsen for water rights for Big Sky Park; 20) signature of letter to DLCD requesting MINUTES PAGE 4 JUNE 29, 1994 9. 013'7-0154 extensions for three periodic review work tasks; 21) signature of final plat for Wishing Well, Phase I, 22 -lots in an RS Zone adjacent to Morningstar Drive; 22) appointment of Thomas Teela, Grant Thomas, and Branceford Davidson to the Beaver Special Road District Board of Directors; and 23) signature of Order No. 94-098, rescinding Orders No. 92-085, 91-105, and 90-131, and change the "CDD Revenue Fund" to "Community Development Fund". THROOP: I move approval of consent agenda items 1-23. SLAUGHTER: I'll second the motion VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF RESOLUTION NO. 94-068, DECLARING INTENT TO EXCHANGE INTEREST IN REAL PROPERTY WITH JAMES R. OLSEN FOR WATER RIGHTS FOR BIG SKY PARK Before the Board was signature of Resolution No. 94-068, declaring the intent to exchange interest in real property with James R. Olsen for water rights for Big Sky Park. Brad Chalfant requested the Board approve this document subject to review as the resolution would not be ready until later in the day. THROOP: I'll move Resolution No. 94-068, subject to review. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 10. PUBLIC HEARING: REGARDING A TRANSFER OF INTEREST IN REAL PROPERTY ADJACENT TO CANAL PARK WITH TRINITY EVANGELICAL LUTHERAN CHURCH Before the Board was a public hearing regarding the transfer of interest in real property adjacent to Canal Park with Trinity Evangelical Lutheran Church. Brad Chalfant reported the park site will no longer be useable as the 27th Street extension will go through there. The church will have additional space for their facilities and the park district will be moving their ball park to Big Sky. MINUTES PAGE 5 JUNE 29, 1994 Chair Schlangen opened the public hearing. testimony, the public hearing was closed. THROOP: SLAUGHTER: VOTE: I move transfer. I'll second that. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 013'7-0155 There being no 11. DECISION: ON THE DAVID YOUNG APPEAL OF THE HEARINGS OFFICER'S DECISION ON A TENTATIVE PLAT FOR A 178 -LOT SUBDIVISION ON 39.5 ACRE PARCEL ZONED RS Before the Board was a decision on the David Young appeal of the Hearings Officer's decision on a tentative plat for a 178 - lot subdivision on 39.5 -acre parcel zoned RS. Tom Blust reported that after the hearing he had been directed to meet with the developers representatives to discuss the offsite improvements on Eagle Road. The first issue was the standard to which that road needed to be built. The original recommendation stated that we were willing to do the engineering and subgrade work on that project. This was based on the benefit to a large surrounding area and the developer should not have to contribute the entire funding for that aspect. Commissioner Schlangen asked when the work would be started on that road. Tom Blust stated it would begin at the end of the fourth year. Commissioner Throop asked if we were staying with the same road standards that were agreed upon. The total project cost of approximately $190,000 with surveying & engineering at $10,000. The developer, over four phases with a date certain, would contribute $135,000 with a balance of $55,000 that the County partner in. This would give Deschutes County the opportunity to determine what our policies are on this partnering. Commissioner Throop asked if there were any other conditions that the Planning Division felt needed to be altered. Kevin Harrison reported it was his understanding that the issues that they were concerned about were the offsite improvements. Rick Isham recommended that the Board have staff meet with the developer and come to the 8 a.m. meeting on Thursday with further information. MINUTES PAGE 6 JUNE 29, 1994 0137-0156 Commissioner Throop stated that on Beall Road there will be curbs and sidewalks on south side and curbs only on north side. No issues regarding the signal and agreement on the second access to Eagle Road. THROOP: I move that the county uphold the Hearings Officer's decision of approval for the application of a tentative plat for a 178 -lot subdivision on a 39.5 -acre parcel in an RS Zone. The conditions of approval on the offsite road improvements be changed to reflect following decision: an understanding that the county will provide surveying and engineering at the cost of approximately $10,000, the cost of the offsite improvement are approximately $190,000 and the developer of the subdivision over four phases, with a deadline of four years contribute, $135,000 to the project and there would be a $55,000 partnership commitment by Deschutes County to that offsite improvement, and that Beall Drive be recognized as a collector that will be changed to a local road, the standards applicable to the onsite improvements for Beall Road be the local road standards, and that the curb and sidewalk be on the south side only with curb only on the north side. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 12. PUBLIC HEARING: ON A COMPREHENSIVE PLAN MAP AMENDMENT AND ZONE CHANGE FROM RSR -M TO RSC -LU FOR A MINISTORAGE FACILITY ON 4.98 ACRE PARCEL BY DOUG ADKINS Bruce White reported that this needs to be renoticed and will be scheduled for July 13, 1994. 13. 11 A.M. PUBLIC HEARING: ON AN APPEAL OF THE HEARINGS OFFICER'S DENIAL OF A LOT OF RECORD FOR KELLY O'NEILL Stacy Warren reviewed the applicable criteria for this appeal. The Baldwin Trust was appealing the Hearings Officer's denial of a lot of record determination for a property which was located on Hinkle Road in La Pine. The property is zoned RSR - M. MINUTES PAGE 7 JUNE 29, 1994 0137-0157 Bruce White felt that there were legal grounds to say that this was not a lot of record and should not be recognized. He provided further background information for the Board. Chair Schlangen opened the public hearing. Bob Lovlien, attorney representing Baldwin Trust, reported that the Trust had acquired the property in 1993 and they began selling the lots. That was when the lot of record became an issue. He stated the applicant was willing to move this lot of record issue through LUBA. They would be willing to sit down with staff to review the remaining parcels. The Baldwins were willing to work toward a compromise. There were a number of issues that would be beneficial to the Baldwin Trust and the community of La Pine. Deeds to all other pieces were fine. It was strictly the Baldwin property. He stated the Baldwin Trust was committed to the community of La Pine. He requested that the record be kept open for 10 days. Commissioner Throop asked what could be done prior to a lot of record determination. If LUBA needs to resolve the lot of record issue, what can be done in the mean time. Bob Lovlien felt some of the lots could be lots of record by lot line adjustments and some may be able to be handled through the partition process. Commissioner Throop asked if there were any lots that Bob Lovlien would accept the County's definition on? Bob Lovlien felt that there were. Bob Lovlien stated time was very important to the Trust and they would like to resolve these as quickly as possible. Chair Schlangen stated that the record would be left open until 4:30 p.m. on July 18, 1994, with the understanding that Bob Lovlien respond by July 11, 1994. The decision will be made on July 20, 1994. Kelly O'Neill reported that he bought four of these lots. He felt his property was getting lost in the Baldwin Trust deal. The property has houses on both sides of it and it was on a paved road. He filed for a lot of record determination. Ron Summerfield, Broker for La Pine Realty, testified in support of this going forward. James Newton of La Pine testified in support of this application. Bruce White reported that some lots were deeded off by the BLM before the County had a lot of record ordinance in place. MINUTES PAGE 8 JUNE 29, 1994 14. 15. 013'7-0158 Nancy Carter testified that this issue needed to be resolved as soon as possible. B.K. Herndon, Certified Public Accountant, testified in support of this application. He felt that BLM may owe them money for timber cut on these properties from 1968 to 1993. He stated that every lot has been surveyed (48 lots). Donald Coulter, lawyer, testified in support of this application. Chair Schlangen closed the public hearing. The record will remain open until July 18, 1994 at 4:30 p.m. and the decision will be made July 20, 1994, at the 10 a.m. Board of Commissioners Meeting. CONSIDERATION OF COMMUNITY EVENTS CENTER & REQUEST FOR VIDEO LOTTERY FUNDS Before the Board was a request for Video Lottery Funds in the amount of $25,000 for the Community Events Center. Craig Moore, Chairman of Community Events Steering Committee, reported there has been an offer from Brooks Resources with the potential of land being donated and use of the parking lot. They will be making a request of the City of Bend for $25,000. The total cost to get from here to the March bond election would be about $150-175,000. Requested amount from the County was $25,000. THROOP: I move approval of $25,000 for the Community Events Center. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES CONSIDERATION OF DESCHUTES COUNTY SOIL & WATER CONSERVATION REQUEST FOR VIDEO LOTTERY FUNDS Before the Board was a request for Video Lottery Funds for Deschutes County Soil & Water Conservation to support a soil testing program to mesure and educate about the impacts of fertilizing on the soils in Deschutes County. Parker Johnstone requested the amount of $6,530 for Deschutes County Soil & Water Conservation from Video Lottery Economic Development Funds. MINUTES PAGE 9 JUNE 29, 1994 013'7-0159 THROOP: I'll move approval of the Deschutes Soil & Water Conservation request for $6,530 of Video Lottery Dollars. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 16. SIGNATURE OF ORDER NO. 94-100, TRANSFERRING CASH WITHIN THE 1993/94 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 94-100, transferring cash within the 1993/94 Deschutes County Budget. SLAUGHTER: I will move approval of Order No. 94-100, transferring cash within the 1993/94 budget. THROOP: I'll second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 17. SIGNATURE OF RESOLUTION NO. 94-076, TRANSFERRING APPROPRIATIONS WITHIN DESCHUTES COUNTY 1993/94 BUDGET Before the Board was signature of Resolution No. 94-076, transferring appropriations within the Deschutes County 1993/94 budget. SLAUGHTER: I move approval of Resolution No. 94-076, transferring appropriations, subject to review. THROOP: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 18. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $1,447,998.68. SLAUGHTER: I move approval on review. THROOP: Second the motion. MINUTES PAGE 10 JUNE 29, 1994 013'7-0160 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 19. SIGNATURE OF REAL PROPERTY LEASE WITH TOM DONNELL FOR OFFICE SPACE FOR COMMUNITY DEVELOPMENT DEPARTMENT Before the Board was signature of a lease with Tom Donnell for office space for the Community Development Department. Brad Chalfant reported this lease was for $800 per month with Tom Donnell. THROOP: I'll move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 20. CONSIDERATION OF SIGNATURE OF DEVELOPMENT AGREEMENT FOR ASSISTED LIVING FACILITIES, INC., DEVELOPMENT OF A 37 UNIT ASSISTED LIVING CENTER FOR ELDERLY ADULTS APPROVED AS PART OF THE GREENS AT REDMOND PUB Before the Board was signature of a Development Agreement for Assisted Living Facilities, Inc., a development of a 37 unit assisted living center for elderly adults approved as part of the Greens at Redmond PUB. THROOP: I'll move signature. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 21. CONSIDERATION OF SIGNATURE OF MYLAR FOR SILVER SAGE, PHASE TWO, IN THE CITY OF BEND Before the Board was signature of a mylar for Silver Sage, Phase Two, in the City of Bend. SLAUGHTER: I move signature. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 11 JUNE 29, 1994 013'7-0161 22. CONSIDERATION OF SIGNATURE OF ACCEPTANCE OF SLOPE AND CONSTRUCTION EASEMENT FROM SUNRIVER RESORT LIMITED PARTNERSHIP ON SPRING RIVER ROAD BRIDGE PROJECT Before the Board was signature of Acceptance of Slope and Construction Easement from Sunriver Resort Limited Partnership on Spring River Road bridge project. Tom Blust reported this is for a bridge replacement project on Spring River Road. He stated this was the final one of three slope easements that they had to obtain. THROOP: I'll move signature. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 23. SIGNATURE OF ORDER NO. 94-101, CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES Before the Board was signature of Order No. 94-101, canceling uncollectible personal property taxes. THROOP: I'll move signature of the order. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 24. SIGNATURE OF ORDER NO. 94-102 TO TRANSER AND DISTRIBUTE CERTAIN MONIES FROM THE LAND SALE FUND Before the Board was signature of Order No. 94-102, to transfer and distribute certain monies from the Land Sale Fund. Brad Chalfant reported that was the transfer and distribution of Land Sale Funds to Land Sale Maintenance Fund and to the taxing districts. He stated this was a normal end -of -year transfer. THROOP: I'll move approval of Order No. 94-102. SLAUGHTER: I'll second that. MINUTES PAGE 12 JUNE 29, 1994 VOTE: SCHLANGEN: YES �1��..�(115+' SLAUGHTER: YES X01 ��GGrr THROOP: YES 25. SIGNATURE OF WEYERHAUSER LEASE OF REDMOND INDUSTRIAL SITE OWNED BY DESCHUTES COUNTY Before the Board was signature of a Weyerhauser lease of the Redmond industrial site owned by Deschutes County. Brad Chalfant reported this is a lease to Weyerhauser for 47 acres, which was previously leased to DAW and Crown. He stated the term of lease was subject to renegotiation. The lease was for $62,550 per year, which was a significant increase over what the county received previously. THROOP: I'll move signature of the lease. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this o?'% day of , 1994, by the Board of Commissioners of Deschute County, joureon. ncy Po hl ngen, Chair AT T: Recording Secretary Tom trhroop,'Commissioner gw4, -,� " M, Barry H. Slaughter, tommissioner MINUTES PAGE 13 JUNE 29, 1994