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1997-47129-Minutes for Meeting October 22,1997 Recorded 12/18/199797-x47129 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 97 DEC 18 A°1 8' 40 Wednesday, October 22, 1997SUE P,. 'E}SOLI O+ (,out, C, UK Chair Nancy Pope Schlangen called the Board of County Commissioners meeting to order at 10:03 a.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Beverly Wilson, Legal Assistant; Rick Isham, County Counsel; Wayne Sorenson, Redmond Planner; Bruce White, Assistant County Counsel; Paul Blikstad, Planner; George Read, Community Development Director; Tom Blust, Road Department Director; Gary Judd, Road Department; Roland Gangstee, Program Manager; Patti Mecca, Property Management Assistant; and Tom Johnson, Community Justice Department. 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 County Service District in the amount of $359.72. NIPPER: SWEARINGEN: VOTE: So moved. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for 9-1-1 County Service District in the amount of $7,969.42. SWEARINGEN: NIPPER: VOTE: MINUTES 1 So moved, subject to review. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES OCTOBER 22, 1997 JAN 0 a `f 3. 4. 5. CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for Bend Library County Service District in the amount of $11,578.99. SWEARINGEN: Move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for Sunriver Library County Service District in the amount of $35.00. SWEARINGEN: NIPPER: VOTE: So moved. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS Before the Board was a public hearing on the Lighthart annexation into the Cloverdale Rural Fire Protection District and signature of Order No. 97-146. Beverly Wilson reported there were four pieces of property to be annexed into the Cloverdale Rural Fire Protection District. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. MINUTES 2 OCTOBER 22, 1997 6. 7. U.1v� lctl0 NIPPER: I'll move annexation of the Lighthart subdivision into the Cloverdale Rural Fire Protection District and signature of Order No. 97-146. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES AWARD OF BID TO L & H GRADING FOR SITE PREPARATION AT NEW FAIRGROUNDS Before the Board was award of a bid to L & H Grading for the site preparation at the new fairgrounds. Elton Gregory reported there were 9 bids received. The low bidder was L & H Grading and requested award of bid. SWEARINGEN: I move approval of award of bid to L & H Grade for site preparation for the new fairgrounds. NIPPER: I'll second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DECISION ON SUN RIDGE MEADOWS MANUFACTURED HOME PARR APPEAL Before the Board was a decision on the Sun Ridge Meadows Manufactured Home Park appeal. Linda Swearingen reported that she had met with Bruce White and Wayne Sorenson. Bruce White stated that if the Board wanted to ask some questions at this meeting, it would constitute reopening the record. He stated the Board could talk with the developer, then give notice to everybody as to what transpired, and give them a chance to respond. He reported one way of doing that would be to ask some questions today, and then set a hearing further out. Commissioner Schlangen asked about the 120 days. Wayne state a new 120 day period started with the filing of the appeal. Wayne further reported the record had been left open for additional written comment and there had been some received. Wayne Sorenson stated Commissioner Swearingen had asked about the status of the City's Transportation Plan. He reported MINUTES 3 OCTOBER 22, 1997 that as of this morning the City does a partial plan amendment or adoption that such adoption would have to be regular plan update. 0163-1510 not have any plans to do thereof. The City feels by legislative action or Commissioner Swearingen stated she had met with the mayor and the city manager to explain what made sense, and they had said to do it. She stated they will be submitting several other streets and they did not have a problem with partial approval of the Transportation Plan because from a financial and safety standpoint it made sense to do it. Commissioner Nipper stated he had also talked with the mayor and they were on board. Linda Swearingen discussed the access needed from the Oregon Department Of Transportation. She stated ODOT was not excited about using 35th Street. They liked the fact the applicant was willing to put in the left refuge. She reported 31st Street would be going all the way through. What if 35th was taken out of the running, and 31st was put all the way through right now. Then there would be a north/south extension. All that would have to be done would be to pick up part of the Jones property. Peter Russell, Oregon Department of Transportation, stated there would have to be amendment to put that process through. He stated that while 31st was on the draft, it did not show a connection to the highway. He felt that procedurally they would have to go through an amendment to put that connection through. Commissioner Swearingen stated there was someone willing to help connect the portion which would alleviate a lot of the traffic flow problems. She stated it made sense to dedicate the right-of-way for future access, but from an immediate standpoint this made more sense for this development, Stonehedge and the City of Redmond. She felt ODOT would stand to gain because they would not have to deal with a sub- standard road. Peter Russell felt the traffic engineers would need to take a look at it. He could not say yes or no right now. Bob Hackman, Oregon Department of Transportation, stated they were never opposed to a city street connection or 35th Street built to county standards. It meets all the requirements and needs for Redmond Transportation system. He stated they had a concern that 35th did not go north. Commissioner Swearingen felt it made sense to do what one could right now to complete 31st from north to south. She MINUTES 4 OCTOBER 22, 1997 further stated that he was talking about years and years before that was developed. She would rather see something happen that would help with the traffic flow right now and felt it made sense. Commissioner Schlangen asked if 35th was planned to go through to the north. Wayne Sorenson, Redmond Planner, responded that there was a proposed planned connection for 35th Street and it does go through to the north. Commissioner Swearingen felt that it would not make sense to have the applicant build a road that goes nowhere right now. She felt there was an opportunity to make a difference in the traffic flow in Redmond now rather than wait for 2 years for approval from ODOT. She stated that if someone wanted to pay for a road that was going to make a difference for Redmond, she wanted them to do it. Linda Swearingen felt it would be difficult to require them to develop that to full standards. She felt it could be accomplished by requiring the developer to acquire a secondary access. She felt it made sense to do the right thing for Redmond. Commissioner Nipper stated the only problem people were having was the flow of traffic onto Indian. Bob Hackman stated that ODOT was disinclined to approve something that would be in conflict with the City's requirements not to allow that local street to become a collector. Commissioner Swearingen stated 31st would be required for the first phase. She stated that for the second and third phase 27th would have to be improved which would completed the connection. Commission Nipper stated 31st would take care of the immediate needs. Bob Hackman stated that 27th Street would take care of the immediate needs and phase one could go. Commissioner Swearingen state 23rd was an accident waiting to happen. She felt they should start out with 31st which would give them time to realign Rimrock and 23rd Street. Then further down the road 27th could be put in when it was not such a hazard. Bob Hackman stated it appeared that 27th had the right-of-way to go north and become a through street which fits the grid system. He stated some day 31st will be connected and 27th MINUTES 5 OCTOBER 22, 1997 010' l �.l will be connect, then what happens to 35th which would be an unnecessary impediment to the traffic on the state highway system. Commissioner Swearingen felt ODOT was assuming that the County could require the applicant to go ahead and put in those improvements. She stated she didn't feel that the County could required the applicant to do that. She stated 35th would sit there until someone comes in and wants to develop. Peter Russell requested indulgence for the traffic crunchers to take a look at it. He felt that to rearrange this for one land use applicant was going to take some time. Commissioner Schlangen felt that since the record had been reopened, the Board needed to set a date for another hearing. Bob Lovlien stated they were running out of time. He felt this developer may not hang on forever. Bob Hackman felt the first item that needs to be addressed was what was the benefit to the State Highway. Commissioner Nipper stated with the partnerships that have taken place, he was sure it would work. There will be another public hearing scheduled for November 4, 1997, at 6:30 p.m. in the Redmond Senior Center. 8. SIGNATURE OF AMENDMENTS TO TRT'S LICENSE AGREEMENT Before the Board was signature of an Amendment to TRT's License Agreements. SWEARINGEN: I move signature of amendments to TRT's License Agreement. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 9. SIGNATURE OF RESOLUTION NO 97-137, INITIATING MCCAW LOCAL IMPROVEMENT DISTRICT, RESOLUTION NO. 97-138, INITIATING JOURNEY LOCAL IMPROVEMENT DISTRICT AND RESOLUTION NO 97-139, INITIATING PAWNEE LOCAL IMPROVEMENT DISTRICT Before the Board was signature of Resolution No. 97-137, initiating McCaw Local Improvement District, Resolution No. 97-138, initiating Journey Local Improvement District and MINUTES 6 OCTOBER 22, 1997 li�.i ��ti®�vJIJ Resolution No. 97-139, initiating Pawnee Local Improvement District. NIPPER: I'm going to move signature of Resolution No. 97-137, 97-138 and 97-139. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 10. SIGNATURE OF RESOLUTION NO. 97-134, ACCEPTING PETITION TO VACATE THE FORMER RIGHT-OF-WAY OF CLINE FALLS HIGHWAY,, ENGINEER'S REPORT, AND SIGNATURE OF ORDER NO. 97-148, SETTING A PUBLIC HEARING FOR SAID VACATION Before the Board was signature of Resolution No. 97-134, accepting petition to vacate the former right-of-way of Cline Falls Highway, Engineer's Report, and signature of Order No. 97-148, setting a public hearing for said vacation. SWEARINGEN: I move signature of Resolution No. 97-134, accepting petition to vacate the former right- of-way of Cline Falls Highway, Engineer's report and Order No 97-148, setting a public hearing on December 3, 1997. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 11. SIGNATURE OF QUITCLAIM DEED FROM DESCHUTES COUNTY TO STEVEN AND CATHLEEN HARRIS TO CORRECT A CONSERVATION EASEMENT RECORDED IN ERROR Before the Board was signature of a Quitclaim Deed from Deschutes County to Steven and Cathleen Harris to correct a Conservation Easement recorded in error. Patti Mecca stated this was to correct the error. SWEARINGEN: NIPPER: MINUTES 7 I move signature of quitclaim deed from Deschutes County to Steven and Cathleen Harris. Second. OCTOBER 22, 1997 CEO -Ltj4;0 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. APPROVAL OF EXTENSION OF EXCHANGE AGREEMENT FOR ERIC DOLSON Before the Board was approval of an extension of the Exchange Agreement with Eric Dolson. Patti Mecca reported this extended the agreement to March 31, 1998. NIPPER: I'll move extension of Exchange Agreement between Eric Dolson and Deschutes County. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 13. RATIFICATION OF SIGNATURE OF CHALLENGE COST -SHARE AGREEMENT BETWEEN DESCHUTES COUNTY DEPARTMENT OF CORRECTIONS AND DESCHUTES NATIONAL FOREST Before the Board was ratification of a signature of the Challenge Cost -Share Agreement between Deschutes County Department of Corrections and Deschutes National Forest. Tom Johnson reported this had been an ongoing contract for the last six years. SWEARINGEN: I move ratification of Challenge Cost -Share Agreement between Deschutes County Department of Corrections and Deschutes National Forest. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 14. RATIFICATION OF SIGNATURE OF 1997 FINANCIAL PLAN FOR PARTICIPATING AGREEMENT BETWEEN DESCHUTES COUNTY COMMUNITY CORRECTIONS AND DESCHUTES NATIONAL FOREST Before the Board was ratification of signature of the 1997 Financial Plan for participating Agreement between Deschutes County Community Corrections and Deschutes National Forest. NIPPER: I'll move ratification of 1997 Financial Plan for Participating Agreement between Deschutes MINUTES 8 OCTOBER 22, 1997 SWEARINGEN: VOTE: County Community National Forest. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Corrections and Deschutes 15. SIGNATURE OF TWO-YEAR INTERGOVERNMENTAL AGREEMENT BETWEEN OREGON YOUTH AUTHORITY. CENTRAL AND EASTERN OREGON JUVENILE JUSTICE CONSORTIUM AND DESCHUTES COUNTY FOR THE DESCHUTES COUNTY COMMUNITY YOUTH PROJECT Before the Board was signature of a two-year Intergovernmental Agreement between Oregon Youth Authority, Central and Eastern Oregon Juvenile Justice Consortium and Deschutes County for the Deschutes County Community Youth Project. NIPPER: I'll move signature of the two year agreement between Oregon Youth Authority, Central and Eastern Oregon Juvenile Justice Consortium and Deschutes County for the Deschutes County Community Youth Project. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 16. SIGNATURE OF SIX-YEAR INTERGOVERNMENTAL AGREEMENT BETWEEN OREGON YOUTH AUTHORITY, CENTRAL AND EASTERN OREGON JUVENILE JUSTICE CONSORTIUM AND DESCHUTES COUNTY FOR THE COMMUNITY YOUTH INVESTMENT PROJECT Before the Board was signature of a six-year Intergovernmental Agreement between Oregon Youth Authority, Central and Eastern Oregon Juvenile Justice Consortium and Deschutes County for the Community Youth Investment Project. NIPPER: So moved. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 9 OCTOBER 22, 1997 17. DECISION ON APPEAL OF HEARINGS OFFICER'S DECISION ON MA -97-1 AND MP -97-7, A MODIFICATION OF A SITE PLAN AND A PARTITION OF THREE PARCELS FOR A RETAIL SHOPPING CENTER IN A HIGHWAY COMMERCIAL ZONE Before the Board was a decision on an appeal of the Hearings Officer's decision on MA -97-1 and MP -97-7, a modification of a site plan and a partition of three parcels for a retail shopping center in a Highway Commercial Zone. Paul Blikstad stated there were two appeals MA -97-1 and MP -97- 7 by Home Depot. The original application was for 8 buildings totaling approximately 180,000 square feet. The new shopping center included a Home Depot store and five other buildings totaling about 216,000 square feet of retail space. Hearings were held on these applications. The Hearings Officers decision was rendered on July 31, 1997. Paul stated this decision gave a detailed description of the previous proceedings on this particular site. Paul stated two appeals were filed. One appeal was submitted by the opponents which was Hancock and one by the applicant. The applicants stated in their letter that they could proceed with the Hearings officer's approval as granted. The opponent's appeal listed twelve reasons for that appeal. Paul recommended the Board deny review of this appeal. He felt the Hearings Officer's decision came about after a great deal of time was spent on it. The traffic issues were the critical issues in this appeal. George Read stated condition #10 was a condition faced everyday. He felt this was a quality decision based on the record. Commissioner appeal. NIPPER: SCHLANGEN: VOTE: Swearingen felt the Board should hear this I move that we not hear this and that the hearings officer's decision stand on its merit. I will second that. SCHLANGEN: YES NIPPER: YES SWEARINGEN: NO MINUTES 10 OCTOBER 22, 1997 0163-1u 3" 18. SIGNATURE OF AMENDMENT TO 1996-97 CAPITAL AGREEMENT BETWEEN DESCHUTES COUNTY AND OREGON DEPARTMENT OF TRANSPORTATION Before the Board was signature of an amendment to the 1996-97 Capital Agreement between Deschutes County and Oregon Department of Transportation. SWEARINGEN: NIPPER: VOTE: So moved. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Before the Board was signature of Order No. 97-142, authorizing the refund of taxes. NIPPER: SWEARINGEN: VOTE: So moved. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 20. SIGNATURE OF RESOLUTION NO 97-142, DESIGNATING COUNTY ADMINISTRATOR TO AWARD CONTRACTS UNDER S25,000 WITHOUT COMPETITIVE BIDDING Before the Board was signature of Resolution No. 97-142, designating County Administrator to award contracts under $25,000 without competitive bidding. SWEARINGEN: I'll move signature of Resolution No. 97-142, with the inclusion of competitive quotes being given and designate county administrator rather than a name being included. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 21. SIGNATURE OF RESOLUTION NO 97-143, AUTHORIZING ELTON GREGORY, PROJECT MANAGER, TO SIGN CERTAIN DOCUMENTS RELATING TO THE NEW DESCHUTES COUNTY FAIRGROUNDS PROJECT MINUTES 11 OCTOBER 22, 1997 . 22. 23. 24. 01CO 1w.4 Before the Board was signature of Resolution No. 97-143, authorizing Elton Gregory, Project Manager, to sign certain documents relating to the new Deschutes County Fairgrounds project. Rick Isham stated Elton Gregory's authority was limited and did not include the awarding of bids. NIPPER: I'm going to move signature of Resolution No. 97-143, authorizing Elton Gregory, Project Manager to sign certain documents relating to the new Deschutes County Fairgrounds project. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF LIQUOR LICENSE FOR BROKEN TOP CLUB Before the Board was signature of a Liquor License for Broken Top Club. SWEARINGEN: I move signature of Liquor License from Broken Top Club. NIPPER: I'll second that. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $810,446.89. SWEARINGEN: So moved, subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF INTERGOVERNMENTAL AGREEMENT WITH CITY OF BEND FOR SMART PARTNERSHIP PROGRAM Before the Board was signature of Intergovernmental Agreement with City of Bend for Smart Partnership Program. MINUTES 12 OCTOBER 22, 1997 Jess Anders reviewed the Intergovernmental Agreement with the Board. SWEARINGEN: I move signature of Intergovernmental Agreement with City of Bend for Smart Partnership Program. NIPPER: I'll second that. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 25. SIGNATURE OF PERSONAL SERVICES CONTRACT WITH JOHN SCHWECHTEN Before the Board was signature of a Personal Services Contract with John Schwechten. SWEARINGEN: I move signature of Personal Services Contract with John Schwechten. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 26. SIGNATURE OF PERSONAL SERVICES CONTRACT WITH DAVID EVANS & ASSOCIATES FOR MONITORING KNOTT AND SW LANDFILLS Before the Board was signature of a Personal Services Contract with David Evans & Associates for monitoring of Knott and Southwest Landfills. Rick Isham requested signature subject to review. SWEARINGEN: NIPPER: VOTE: I move signature of Personal Services Contract with David Evans & Associates for monitoring Knott and SW Landfills, subject to review. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 13 OCTOBER 221 1997 f 1-111 r- r% DATED this 22nd day of October, 1997, by the Deschutes County Board of Commissioners. ATTEST: Recor ii4 Secret ry nda L. Swear' &W -,-'Commissioner MINUTES 14 OCTOBER 22, 1997