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