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1996-19429-Minutes for Meeting April 17,1996 Recorded 5/17/199696-19429 MINUTES r� DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, April 17, 1996 cv.. Chair Nancy Pope Schlangen called the Deschutes County 9'ard- of Commissioners meeting to order at 10:00 a.m. County Commissondrs in attendance were Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper. Also in attendance were Tom Blust, County Engineer; Larry Rice, Public Works Director; Gary Judd, Road Department; Mike Maier, County Administrator; Rick Isham, County Counsel; Andy Crosby, Assistant County Counsel; Catherine Morrow, Planner; Frank Mancino, Code Enforcement; Sue Brewster, Assistant County Counsel; and Sue Stoneman, Community Relations Specialist. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for 4-H/Extension in the amount of $133.61. SLAUGHTER: I move approval upon review. NIPPER: Second VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers in the amount of $1,051.40. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 1 APRIL 17, 1996 TACROTIaEb MAY 2 96 CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT 3. APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR REDMOND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Redmond Library County Service District in the amount of $2,570.36. SLAUGHTER: I move approval upon review. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 4. APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Bend Library Service District in the amount of $14,635.31. SLAUGHTER: I'll move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 5. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: (1) signature of Oregon Department of Human Resources 1996 Budget Revision #8; (2) signature of Intergovernmental Agreement between University of Minnesota and Deschutes County; (3) appointment of Linda Hanson to the Deschutes Basin Resource Committee; (4) signature of Final Plat for a minor partition to divide a farm parcel into two parcels; and (5) signature of Exchange Agreement with Bend Furniture Company and Summit Partners (Deschutes Housing Solutions). NIPPER: I move approval of consent agenda 1-5. SLAUGHTER: I'll second that. MINUTES 2 APRIL 17, 1996 VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 6. PUBLIC HEARING: ON 85TH STREET LOCAL IMPROVEMENT DISTRICT Before the Board was a public hearing on the 85th Street Local Improvement District in the Whispering Pines Subdivision. Tom Blust provided a staff report for the Board. He reported this local improvement district was initiated by the Board after a request by the owners. Public Works filed an Engineer's report and which had been adopted by order. The boundary of the local improvement district includes 95 specially benefitted lots. The lots were all approximately two acres in size. He stated Robin Avenue was excluded from the boundary of the LID. The roads to be improved included 85th Street, 78th Street Oriole Lane, Quail Lane, and the approaches on 85th Place, 73rd and on both ends of Robin Avenue. There were approximately 2.6 miles of road within the LID which are presently dirt and gravel. The proposed improvements would bring the roads to County standards. The cost estimate for this project was $669,900 which included the construction, engineering, administration and the interim financing costs. The total cost would be divided by the 95 benefitted lots which came out to an estimate of $7,051.58 per lot. Tom reported that 46 of the 95 lots have homes on them at the present time. The minimum lot value was $12,000. The total assessed value of the property within the local improvement district was just over $4.5 million. He reported no single owners owns more than 3 lots. Tom reported he had received 46 written remonstrances which was 48.4%. He stated people objected for various reasons such as the cost, increased speed because of the paved road, didn't want a paved road, objected to the LID process because of no response meaning a "yes" vote, or concern regarding the boundary. There was only one of the letters that were mailed that was not delivered. Tom stated the Board had the option of modifying the local improvement district or not going forward with it. Chair Schlangen opened the public hearing. Terrence Weber testified in support of the local improvement district. He stated he had not sent in his remonstrance. He stated a letter was sent out anonymously which he wanted to clarify. He reported this letter was regarding speed limits, change of address from Bend to Redmond, fences and MINUTES 3 APRIL 17, 1996 0154-1798 landscaping, water, and property taxes increasing due to road improvements. Alan Albertini testified in support of the local improvement district. He felt this would allow for the formation of a Home Owners Association. Commissioner Nipper asked Larry Rice if the County was grading a portion of the road. Tom Blust reported the County uses some gravel out of a state owned pit; therefore, we do grade the road when we are hauling gravel out of that pit. Liz Crites testified in support of the local improvement district. She would like to have this local improvement district to eliminate the dust problem. She also felt the road improvement would make access easier for emergency vehicles. Christy Waldner testified in opposition to this local improvement district. She owns two of the lots. She objected to the mailing process. She expressed concern as to whether people actually received the mail from the County. She felt they would be forced to sell their home because it would be a financial hardship for them. She also submitted written testimony in opposition from Alan and Fay Bella. Phyllis Laramie testified in opposition to this local improvement district. She spoke with a neighbor who lives in Alaska, but owns property on 85th Street, and there was concern about receiving the County information and getting it returned to the County by the deadline. She requested the Board reconsider the process for the formation of the local improvement districts. Commissioner Nipper asked if there were responses from Germany or Siapan. Tom Blust stated there were no responses from those two property owners. Commissioner Schlangen asked if any land would be taken for the road right-of-way. Tom Blust stated no, as the road right-of-way was taken care of when the subdivision was platted. Tom also stated the 20 day response period was set by State statute. Jarrett Walker, son of Luella Miller Myer, testified in opposition to the local improvement district on her behalf. He stated the parcel in the local improvement district was undeveloped. The access to this property was not by way of 78th Street and derived no benefit from the local improvement district. MINUTES 4 APRIL 17, 1996 0154-1"99 Pat Minney testified in opposition to the local improvement district. She stated the road did need improving but felt the price was too high. Rodney Waldner testified in opposition to the local improvement district. Commissioner Schlangen asked if the Board should go forward with the public hearing or were there enough remonstrances to stop the local improvement district. Tom Blust stated there was a question as to whether some of the people objecting to the local improvement district had the authority to do so. Betty Reed testified in support of the local improvement district. Harry Fagen testified in opposition because he owns two lots and it would be too expensive. Pat Houge testified in support of the local improvement district. He offered to pay for two additional assessments in order to get the local improvement district approved. Glenda Krischik, Arnold Krishchik's mother, testified in support, but it would create a financial hardship on him. Leonard Reinicke, on behalf of his brother-in-law who owns Lot 58, testified in opposition to this local improvement district. Jo Ann Recon, owner of Lot 59, was also in opposition to this local improvement district and asked Leonard Reinicke to testify on her behalf. Harry Fagen then changed his testimony in support of this local improvement district. Mr. Walker felt this local improvement district formation should be set aside and begin the process again. There being no further testimony, Chair Schlangen closed the public hearing. Tom Blust stated the final count stood at 46 with the new "no" votes and two votes changed from "no" to "yes". Commissioner Nipper requested an explanation of the Senior Deferral Program. Tom Blust responded. Tom Blust reported that if the Board abandoned this local improvement, the homeowners could not petition again for a MINUTES 5 APRIL 17, 1996 7. 0104-1600 year. The property owners could submit petitions in 1997 but the County would not be able to begin construction until 1998. Andy Crosby reminded the board that 52% of the lots in the proposed local improvement district were undeveloped. Tom Blust stated the analysis was based on the assessor's value of the properties. Gary Judd submitted a letter from James Brown, owner of two properties, in objection to this local improvement district. Chair Schlangen continued the meeting to 11:00 a.m. on May 1, 1996. DECISION ON CARROL PROPERTY Before the Board was a decision on the Carrol property. Sue Brewster reported they were awaiting direction from the Board. Chair Schlangen stated she would like to go forward with the abatement of this property. Sue Brewster stated with the abatement process, the County usually gave the property owner a few months to comply. Commissioner Nipper stated there was more exposure from the abatement route. He felt the County should pursue this process. Commissioner Slaughter stated he agreed with the other two commissioners. He stated he would like to see a written plan. Catherine Morrow requested clarification from the Board regarding the time allowed for cleaning up this property. She stated APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $656,664.50. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 6 APRIL 17, 1996 9. SIGNATURE OF ORDER NO. 96-041 AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 96-041, authorizing the refund of taxes. SLAUGHTER: I would move signature on Order No. 96-041. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES DATED this 17th Day of April --i 1996, by the Deschutes County Board of Commissioners,_ //// 11 ATTEST: Recording Secretary MINUTES 7 APRIL 171 1996 Nancy P7pe 'Sc angen, Chair 'd V 1�h hZ Barry H. Slaughter, Commissioner A RobeA L. Nipper, Co i"ssioner