1996-07436-Minutes for Meeting January 31,1996 Recorded 2/23/19969C-07136 0149-1909
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, January 31, 1996
Chair Nancy Pope Schlangen called the meeting to order at 10:03
a.m. County Commissioners present were Nancy Pope Schlangen, Barry
H. Slaughter, and Robert L. Nipper. Also in attendance were Mike
Maier, County Administrator; Paul Blikstad, Planner; Tom Blust,
County Engineer; Larry Rice, Public Works Director; Susan Mayea,
Management Analyst; Sue Stoneman, Community Relations Specialist;
and Andy Crosby, Assistant County Counsel.
CONVENE AS THE GOVERNING BODY OF THE 4-H/EXTENSION COUNTY
SERVICE DISTRICT
1. APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 4-
H/EXTENSION COUNTY SERVICE DISTRICT
Before the Board was approval of the weekly accounts payable
vouchers for the 4-H/Extension County Service District in the
amount of $1484.17.
SLAUGHTER: I move approval upon review.
NIPPER: Second. ' c
-J{ir
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER:
YES r.,.^ ..... ;
CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY- 9'=-'
COUNTY SERVICE DISTRICT
2. APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 9-1-1
COUNTY SERVICE DISTRICT
Before the Board was approval of the weekly accounts payable
vouchers for the 9-1-1 County Service District in the amount
of $123.18.
NIPPER: I move approval subject to review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES'
SLAUGHTER: YESV�t?
NIPPER: YES y�
MINUTES 1 JANUARY 31, 1996
3.
0149-~1019
CONVENE AS THE BEND LIBRARY COUNTY SERVICE DISTRICT
APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE BEND
LIBRARY COUNTY SERVICE DISTRICT
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $2806.00.
SLAUGHTER:
NIPPER:
VOTE:
4. CONSENT AGENDA:
5.
I move approval upon review.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Consent agenda items before the Board of County Commissioners
were: (1) approval of out-of-state travel for presentation at
the 47th annual Road Builder's Clinic for Larry Rice; (2)
signature of Resolution No. 96-017, authorizing the sale of
1977 955 Cat Loader; (3) signature of Oregon Health Division
Fiscal Year 1996 Budget Revision #6; (4) signature of KIDS
Center Contract; (5) signature of Indemnity Agreement for the
Lobos, Inc. Hare Scramble Team Race and Spring Opener Ironman
motorcycle races to be held February 24-25, 1996; (6)
signature of Liquor License for Niblick & Green's at Eagle
Crest; and (7) appointment of Jed Wegner to the River Bend
Estates Special Road District.
SLAUGHTER: I move approval of the consent agenda.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
PUBLIC HEARING ON FRONTAGE ROAD VACATION AND SIGNATURE OF
ORDER NO 96-017, VACATING FRONTAGE ROAD
Before the Board was a public hearing on Frontage Road
vacation and signature of Order No. 96-017, vacating Frontage
Road.
Tom Blust provided Board members with a map of Frontage Road.
This vacation was initiated by the Board and the Board had
accepted the staff's recommendation of the vacation. This
road is adjacent to Century Drive. He recommended the Board
sign the order upon concurrence with the City. He felt the
City would approve this the second week of February.
MINUTES 2 JANUARY 31, 1996
0149-1011
Chair Schlangen opened the public hearing.
There being no testimony, the public hearing was closed.
NIPPER: I will move signature of Order No. 96-017,
vacating Frontage Road, with the caveat that
we get concurrence from the City of Bend.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
6. SIGNATURE OF RESOLUTION NO 96-012, ADOPTING FINAL ASSESSMENT
FOR SQUAW CREEK LOCAL IMPROVEMENT DISTRICT
Before the Board was signature of Resolution No. 96-012,
adopting final assessments for the Squaw Creek Local
Improvement District.
Bruce White reported he had talked with bond counsel regarding
the interest rates. He stated the recommended interest rate
would be set at 9%. The semi-annual payment amount would be
$440.74 and $293.83.
NIPPER: I move signature of Resolution No. 96-012,
subject to legal counsel review.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
7. SIGNATURE OF RESOLUTION NO. 96-013, ADOPTING FINAL ASSESSMENTS
FOR GALEN ROAD LOCAL IMPROVEMENT DISTRICT
Before the Board was signature of Resolution No. 96-013,
adopting the final assessments for the Galen Road Local
Improvement District.
Bruce White reported the semi-annual payments would be
$220.95.
SLAUGHTER: I move approval of Resolution No. 96-013,
subject to legal counsel review.
NIPPER: Second.
MINUTES 3 JANUARY 31, 1996
M
a
10.
VOTE: SCHLANGEN: YES
149-1012
SLAUGHTER: YES
NIPPER: YES
Before the Board was signature of Resolution No. 96-014,
adopting final assessments for the Apache/Lakeview Road Local
Improvement District.
Bruce White reported the semi-annual payments at 9% would be
$265.09.
NIPPER: I move signature of Resolution No. 96-014,
subject to legal counsel filling I the fixed
amount.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DECISION ON A-95-18, AN APPEAL OF THE HEARINGS OFFICER'S
DECISION ON WAL-MART GARDEN CENTER
Before the Board was a decision on A-95-18, an appeal of the
Hearings Officer's decision on Wal-Mart Garden Center.
Bruce White recommended the Board defer a decision on this
item until next week because Rick Isham is out of the office.
Rick Isham has been involved with this issue since the
beginning.
Commissioner Slaughter expressed concern regarding people
attending the meeting and then canceling an item on the
agenda.
Commissioner Schlangen stated that it will be postponed until
February 7, 196.
DECISION ON A-95-23, AN APPEAL OF THE HEARINGS OFFICER'S
DENIAL OF TP -95-849, A 46 -LOT SUBDIVISION ON MORNINGSTAR DRIVE
Before the Board was a decision on A-95-23, an appeal of the
Hearings Officer's denial of TP -95-849, a 46 -lot Subdivision
on Morningstar Drive.
Paul Blikstad reported this was a subdivision at the
intersection of 18th and Morningstar Drive. This subdivision
was denied by the Hearings Officer based mainly on the fact
MINUTES 4 JANUARY 31, 1996
0149-1013
that a portion of Morningstar was built to a standard of 22
feet with 2 foot gravel shoulders. He stated the biggest
issue before the Board dealt with access to subdivisions. He
stated the subdivision would have direct access from 18th
Street which was an improved arterial.
Commissioner Nipper expressed concern regarding an agreement
signed by Larry Rice and the developer. He also expressed
concern that the developer turned over 1800 feet (3 acres) of
road frontage to the County in order for the county to
complete 18th street. He felt the county needed to
demonstrate follow through. He stated that if the County told
this developer that he did not have to complete that road, but
the road needs to be completed, then maybe the county needs to
complete the roadway to county standards. He felt there was
a safety hazard that could occur because it does not meet
county standards.
Commissioner Schlangen stated the Board needed to make a
decision on what was before them.
Bruce White stated it was before the board as to whether they
believed the road needed to be improved as a condition of the
approval.
Commissioner Slaughter felt it needed to be improved by the
county and set a deadline as to when it would be done.
Commissioner Nipper felt this was a unique situation which
occurred and felt it would never happen again.
Larry Rice stated this had been a controversy for quite a
while. He reported the County accepted the right-of-way from
the developer in order to improve 18th Street which was a
priority project for the County. He entered into this
agreement because he felt they had met what he thought were
the requirements according to the County ordinance. Larry
Rice suggested the Board consider directing the public works
department to budget money in next year's budget and get the
job done. It would cost about $70-80,000.
Commissioner Schlangen stated that the decision needed to be
made without that condition.
NIPPER: I'll move that we overturn the Hearings
Officer's decision.
SLAUGHTER: Second.
Larry Rice stated the road will be put in the budget and the
road will be built next summer. He would like to keep it
separate from the land use action.
MINUTES 5 JANUARY 31, 1996
0149-1614
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
11. SIGNATURE OF ORDER NO 96-012, AUTHORIZING THE REFUND OF TAXES
Before the Board was signature of Order No. 96-012,
authorizing the refund of taxes.
SLAUGHTER: I move signature of Order No. 96-012.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $318,494.74.
SLAUGHTER: I move approval upon review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
13. SIGNATURE OF FINAL PLAT FOR SUNSET VIEW ESTATES, PHASE II
Before the Board was signature of a final plat for Sunset View
Estates, Phase II.
SLAUGHTER: I move approval.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
14. SIGNATURE OF RESOLUTION NO 96-018, CREATING COMMUNITY
DEVELOPMENT DEPARTMENT BUILDING FUND, COMMUNITY DEVELOPMENT
DEPARTMENT DEBT SERVICE FUND, MAILING APPROPRIATIONS AND
DIRECTING INVESTMENT
Before the Board was signature of Resolution No. 96-018,
creating a Community Development Department Building Fund,
Community Development Department Debt Service Fund, making
appropriations and directing investment.
MINUTES 6 JANUARY 31, 1996
(� Ste..:
V 1 `1t �
NIPPER: I'll move signature of Resolution No. 96-018.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
15. APPOINTMENT OF BARRY H SLAUGHTER TO ACT AS THE LIAISON TO
CENTRAL OREGON VISITORS ASSOCIATION
Before the Board was appointment of Barry H. Slaughter to act
as the liaison to the Central Oregon Visitors Association.
NIPPER: I move we appoint Barry as liaison to COVA.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DATED this 31st day of January, 1996, by the Deschutes County
Board of Commissioners.
f
, Cha
Barry H— Slaughtet, Commissioner
ATTEST:
Recording Secretary Robei6t L. Nipper, Commissioner
MINUTES 7 JANUARY 31, 1996