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1994-41991-Minutes for Meeting August 03,1994 Recorded 10/20/199494-41991 0137~1033 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, August 3, 1994 W ''- 27 Acting Chair Tom Throop called the meeting to order at, l-Oz Q4 .a -ml . Board of County Commissioners in attendance were Tont-Tfiro6p--, and Barry Slaughter. Also in attendance were Mike Maier, County Administrator; Scott Johnson, Commissioner on Children & Families Director; Rick Isham, County Counsel; Bruce White, Assistant County Counsel; Kevin Harrison, Planner; George Read, Community Development Director; Sue Stoneman, Public Relations Specialist; and Susan Mayea, Support Services Manager. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were 1) approval of out-of-state travel for Terry Newell of the Health Department; 2) signature of Indemnity Agreement for Newberry Explosion 5K Run/Walk; 3) signature of Warranty Deed from Brooks Resources for right-of-way on Mountaineer Way; 4) signature of Acceptance of Bargain and Sale Deed for right-of- way on Mountaineer Way; 5) signature of Dedication of road right-of-way on Brookswood Boulevard; 6) signature of Acceptance of Warranty Deed from INNCO for right-of-way on Butler Market Road; 7) signature of construction contract award to Bend Aggregate and Paving for the Comanche and Seminole LID in Deschutes River Woods; 8) signature of agreement with David Evans and Associates for landscaping plans for county services building; and 9) signature of liquor license renewals for Deschutes Fly & Tackle, La Pine Inn, and Hampton Station. SLAUGHTER: I would move approval of the consent agenda. THROOP: I'll second the motion. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP : YES hfD OC 1994 REGULAR AGENDA: 2. PUBLIC HEARING: ON ORDINANCE 94-042, AMENDMENT TO TITLE 22, DESCHUTES COUNTY PROCEDURES ORDINANCE RELATING TO THE APPEALS PROCESS Brad Anderson reported at this point no one can make an appeal without going to the Board of Commissioners and then to Land Use Board of Appeals (LUBA). The process creates a high 'o V 161994 013'7-1034 volume of appeals and a back log for the Planning Department and the Board of County Commissioners. At this point the Board has to hear everything. The Board hears cases that will ultimately go to LUBA no matter what determination the Commissioners make. LUBA was more capable to handle the legal issues. The solution to some of these problems was included Ordinance No. 94-042. This allows the Board to not hear some of these appeals which would allow the Board to control their work schedule more easily. The Board could hear each case if they wished, but would allow them a choice. Acting Chair Tom Throop opened the public hearing. There being no testimony, public hearing was closed. SLAUGHTER: I would move first and second reading on Ordinance No. 94-042. THROOP: I'll second the motion. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES Commissioner Throop performed the first and second reading of Ordinance No. 94-042. SLAUGHTER: I would move approval of Ordinance No. 94-042. THROOP: I'll second the motion VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 3. PUBLIC HEARING: ON ORDINANCE NO. 94-037 AND 94-038, TEXT AMENDMENTS TO THE FOREST LAND SECTION OF THE COMPREHENSIVE PLAN AND FOREST ZONES TO IMPLEMENT HB 3661 AS IT RELATES TO FOREST LANDS Kevin Harrison reported these were the proposed ordinances to implement a new administrative rule as they relate to forest lands. These proposals were reviewed by the Planning Commission with a public hearing held on June 23, 1993, with a recommendation for the ordinance to be adopted as heard. Ordinance 94-037 makes a minor change to the comprehensive plan. Ordinance 94-038 contains the majority of changes. F1 zone does not allow destination resorts and F2 zone does. These new rules are very restrictive. Should the County retain two separate zones or combine them into one. He stated the Planning Commission felt it should retain two. Should the County allow lots of record. Kevin reported the Planning Commission recommended lots of record be allowed. MINUTES PAGE 2 AUGUST 3, 1994 4. 5. 013'7-1035 Acting Chair Throop opened the public hearing. William Beck, representing his son, owns a 40 acre parcel of land off of Wilt Road in Sisters. Purchased property to establish a tree farm. There is a forest management plan on the property. He recently learned that HB 3661 will not allow him to build a house on the property. The HB should have been effective January of 1995, to allow the land owners to do something with their land. He feels that the best use of this land is for recreation and to build a residence. It has no value for farming. The law allows for no flexibility by the county to evaluate these lands on a case-by-case basis. Chair Throop closed the public hearing. Chair Throop stated the decision will be made August 17, 1994. DECISION: ON NUV-94-2 FOR FRALEY This decision will be postponed to Wednesday, August 10, 1994, at the 10 a.m. Board of County Commissioners meeting. SIGNATURE OF AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION REGARDING WAL-MART Dan Van Vactor had originally agreed on Monday that all three commissioners should be present for this decision. He felt that it would important for all three commissioners to be there. Commissioner Throop asked what the risks were of postponing it for another week. Rick Isham felt it was important that a decision be made as it had been postponed for several weeks already. There is no legitimate legal reason for the County not to proceed. He felt Commissioner Schlangen could listen to the tape and participate in the decision. Commissioner Throop said that if we did hear this today, we would not make the decision today, but that decision would be made on Monday, August 8, or Commissioner Slaughter and Commissioner Throop make the decision without Commissioner Schlangen input. Commissioner Throop stated he was comfortable hearing both sides. Commissioner Slaughter also felt comfortable with going forward with this. Rick Isham reported this agreement had been adopted by ODOT and signed. This was an agreement between ODOT, Wal-Mart and Deschutes County for a signal to be installed at the corner of Badger Road and Highway 97. The traffic signal was to be installed because of the construction of the Wal-Mart Store. This agreement provides that the Wal Mart store will pay for MINUTES PAGE 3 AUGUST 3, 1994 013'7-1036 the cost of the installation of the signal. The county would be reimbursed for any cost of the installation. There was nothing in this agreement that conflicted with the approval of the Wal Mart Store. The property owner who had been dealing with Deschutes County and Wal Mart was here to urge the Board not to sign this agreement. This decision has been delayed over three weeks. Dan Van Vactor, representing the Franklins, stated this issue has become very serious to his client. He felt the commissioners should not assume that they are going to be sued. They are requesting the County to do what they said they would do. The issue here was that a large developer from Arkansas came here and wanted to build a store. The application was accepted and reviewed. Wal Mart wanted to build a road with access to Highway 97 without a traffic signal. The county recommended denial because it was not safe. It was not safe because it pulled traffic across the two lanes with no traffic signal. Wal Mart then decided to put the access on Badger Road and would pay all the costs. They said they would do all they could to improve the road. There are several property owners adjacent to Wal Mart. The Franklins own a motel on the corner of Badger Road and Highway 97. If there was going to be a light, the road would have to be widened and take some of the Franklin's property. Wal Mart agreed to acquire some of the Franklin's property. In the development agreement it states that Deschutes County was not a partner in this agreement. Wal Mart needed to buy this right-of-way. Deschutes County should not take Franklin's property for Wal Mart. Dan Van Vactor requested that Deschutes County to honor their process and not do the dirty work for Wal Mart. He provided some background history that in December of 1992 Dick Johnson told Paul Blikstad that Wal Mart would have to widen Badger Road. There would be no participation by the County in this signal ( in a memo from Dick Johnson). Staff report said there was significant impact on these uses and traffic patterns from surrounding streets. The building was going to be cut in half and taken away which was an adverse impact. The access the Franklins have was going to be taken away which was an adverse impact. Was it Wal Mart or Deschutes County? Wal Mart never tried to buy the access. Wal Mart probably got a hold of Deschutes County and got them to condemn the motel (garage?). This was not for the benefit of Deschutes County, this was for the benefit of Wal Mart. Mrs. Franklin does not want to be condemned. She wants to negotiate with Wal Mart fairly and freely. He felt that before the Board signed this agreement, they should tell Wal - mart to go back and modify their decision. The development Agreement was signed in June 1993 which says Wal -mart would make the acquisition. MINUTES PAGE 4 AUGUST 3, 1994 0137-1037 Rick Isham stated that a traffic signal could not be placed on Highway 97 without an agreement. He asked if Mr. Van Vactor did not like paragraph 4 page 4. He asked Mr. Van Vactor if he agreed that the County has the right to acquire a right-of- way. Dan Van Vactor stated that if one paragraph on page 5 was removed they would have no problem. Dan Van Vactor felt that Wal -mart should make the right-of-way acquisition and not the County. Dan Van Vactor read from the Development Agreement. Dan Van Vactor stated that the developer should complete all right-of-way, etc. not Deschutes County. Rick Isham stated that until the Board of County Commissioners signed the agreement the Franklins did not have cause for an action. Rick Isham stated that the whole project required a traffic light. Wal -mart will fund the whole traffic light. Rick Isham stated he needed to find a way for the Board to sign agreement. Dan Van Vactor stated the time frame was very important. Wal - mart was dependent on the County making this condemnation. He stated there was an agreement between the county and Wal Mart but the county told them there was no agreement for condemnation. If Deschutes County wanted to condemn this property, why didn't they do it sooner than June of 1994. He felt Wal Mart should be made to do it. Dan Van Vactor stated the County needed to honor the agreement that was signed and the Hearings Officer's decision that was not appealed by Wal Mart. He requested the Board simplify the agreement by eliminating one condition. Fran Franklin, owner of Blue Spruce Motel, felt that from the beginning she had been treated with disregard and disrespect. Wal Mart was alive and well today (she read from an article of August 2nd taken from the Wall Street Journal). She said they would not take this sitting down. She requested that the Board at least listen. She felt the Board did not want to listen to her. She stated the Development Agreement did not include imminent domain. She provided the Board copies of contracts. She wanted to know who was going to pay the Franklins a fair price for their property. Mr. Grimes (Wal - mart) informed Franklins that they were a retailer and did not deal in excess property. She informed Mr. Grimes that she did not sell parts of motels. She stated that she did not like was happening. She felt she had not been listened to by the county. She shared a transcript of the May 18, 1994 Board of County Commissioners meeting. She and her family were never mentioned nor was the motel. MINUTES PAGE 5 AUGUST 3, 1994 013'7-1038 Commissioner Throop asked if the bottom line was the attempt to acquire 1100 feet and Fran Franklin didn't want to sell the 1100 feet but she wants to sell the whole parcel. Fran stated there was .67 acre. Commissioner Throop asked if she wanted to sell the entire parcel rather than 1100 feet. Fran Franklin made an analogy which compared pieces of a shirt with the Blue Spruce Motel. She felt her business was being destroyed by taking customers away from the south and by condemning the garage. The duplex will be 7 1/2 feet from the curb with Wal -mart trucks, etc. traveling that road constantly. She stated no one was willing to talk to her. She was asking $400,000 for their entire property. Dan Van Vactor stated that Wal -mart discussions have included options. They have given Wal -mart choices. If it were not for Wal -mart, this discussion would not be taking place. Commissioner Slaughter asked what was the bottom line for the 1100 feet. Dan Van Vactor stated that if the traffic light could be used for an access to come to their motel as well as to Wal Mart, they would be happy. Commissioner Throop stated he was not prepared to make a decision today. He felt time was needed to consider the information submitted today. Commissioner Slaughter stated he could conceivably make a decision today as he was familiar with the property. SLAUGHTER: I would like to move that we approve the change in the light on 97, that we require Wal -mart to negotiate with the Franklins and their attorney, have our attorney involved and they bring that back to us for a final decision. Rick Isham asked if Commissioner Slaughter wanted to include the Franklins in the agreement between Wal -mart, Oregon Department of Transportation and Deschutes County. Commissioner Slaughter felt they would have to be included. Second: No second - motion died. This item will be placed on the agenda for Monday, August 8, 1994. 6. CONSIDERATION OF TEEN PREGNANCY GRANT AWARD Before the Board was consideration of the Teen Pregnancy Grant Award to Planned Parenthood. The decision regarding this grant was made last week. MINUTES PAGE 6 AUGUST 3, 1994 U13'7-1039 Scott Johnson, Commission on Children & Families Director, stated the current funding was State and Federal dollars. One of the primary bench marks that was looked at by the commission was the issue of teen pregnancy. The request for proposals was issued this last spring and there were 6 applications received. Two proposals were selected as finalists. Tom Fee, Director of Oregon Right to Life, protested the grant to planned parenthood. He felt the commission decision was not in the best interest and asked that the decision be rescinded. Planned Parenthood has failed in the past. He felt Planned Parenthood had one answer to teen pregnancy which was abortion. Ruth Fee, spokes person of Central Oregon Right to Life, opposed the Teen Pregnancy Grant Award to Planned Parenthood. The grant money notice was not made public until June 6, 1994, with a deadline of June 16, 1994. She requested the Board of County Commissioners rescind their decision regarding Planned Parenthood. Father Brian McRinna, St. Francis Church, opposed the Teen Pregnancy Grant Award. He requested that the Board of County Commissioners rescind the grant as it may not be in the best interest for our community. Dan Dillard, Grace Community Church, spoke in opposition of the grant award. He urged the Board of County Commissioners to rescind their decision regarding the grant for Planned Parenthood. John Wise, father of five children, felt it was very important that the Board rescind the grant to Planned Parenthood. James Lowell, father of four and grandfather of seven, opposed the grant award to Planned Parenthood. Jerri Ann Hamm, a parent, taxpayer and voter, opposed the grant award to Planned Parenthood. Martha Mann spoke in support of the Commission on Children & Families. She was very familiar with the facts and issues surrounding teen pregnancy. She was familiar with the RFP process and she stated the Commission on Children & Families represents a broad spectrum of the community. She stated she supported the choice in this proposal of granting this award to Planned Parenthood. Missy Murphy, parent of two children and teacher. She was concerned about the mentor program through Planned Parenthood. MINUTES PAGE 7 AUGUST 3, 1994 013'7-1040 Ray Quisafi spoke in opposition of the Planned Parenthood grant award. Ann Amoson spoke in opposition of the Planned Parenthood grant award. Ron Ricketts testified in opposition of the grant awarded to Planned Parenthood. Kathy Boni, Board of Commission on Children & Families, stated that the meetings were always open for public comment. The process that was done and the RFP was not given to Planned Parenthood early. Commissioner Throop felt that Board should meet with Commission on Children & Families to discuss this grant. Scott Johnson stated their next meeting would be Sept. 1, 1994. Commissioner Slaughter felt that would be a good idea. 7. CONSIDERATION OF APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $266,532.20. SLAUGHTER: I move approval subject to review. THROOP: I'll second the motion. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 8. SIGNATURE OF AGREEMENT WITH STATE DEPARTMENT OF HUMAN RESOURCES FOR TRANSPORTATION REIMBURSEMENT PROGRAM Before the Board was signature of an agreement with the State Department of Human Resources for transportation reimbursement programs. Susan Mayea reported this is the reimbursement for Title 19 eligible people who are using Dial -a -ride. The contract for the year was for a maximum of $25,000. SLAUGHTER: I would signature on the agreement for reimbursement of transportation. THROOP: I second the motion. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES MINUTES PAGE 8 AUGUST 3, 1994 0137-1041 9. SIGNATURE OF LIQUOR LICENSE RENEWALS FOR CHEN'S GARDEN, LUCKY'S TAVERN, LA PINE HI -WAY CENTER, VIC'S TAVERN Before the Board was signature of liquor license renewals for Chen's Garden, Lucky's Tavern, La Pine Hi -Way Center, and Vic's Tavern. SLAUGHTER: I would move approval of the liquor license renewals. THROOP: I'll second the motion. VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YES 10. SIGNATURE OF AGREEMENT WITH HGE ENGINEERS FOR PREPARATION OF TERREBONNE DOMESTIC WATER DISTRICT MASTER PLAN Before the Board was signature of an agreement with HGE Engineers for preparation of Terrebonne Domestic Water District Master Plan. SLAUGHTER: I would approval of the agreement. THROOP: Second the motion VOTE: SCHLANGEN: EXCUSED SLAUGHTER: YES THROOP: YE DATED this .3 day of , 1994, by the Board of Commissioners of D chutes ounty, Oregon. 7� Nancy Po,0 Scoilangen, Chair E T: Recording Secretary ivau }aai.vvr, a�va� icr.� Barry H. Slaughter, MINUTES PAGE 9 AUGUST 3, 1994 ioner LtAw ssioner