Washington County, Oregon

Transcription

1 Board of Commissioners last update: November 5, 1997 Washington County, Oregon MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS OCTOBER 21, 1997 CONVENED: 10:05 a.m. BOARD OF COMMISSIONERS: Chair Linda Peters Vice Chair Andy Duyck Commissioner Kim Katsion Commissioner Kathy Christy Commissioner Roy Rogers was in Chicago attending the Water Environmental Federation Conference today. STAFF: Charles D. Cameron, County Administrator Dan Olsen, County Counsel Alan Rappleyea, Assistant County Counsel Lorie Skurdahl, Senior Assistant County Counsel John Rosenberger, Director, LUT Brent Curtis, Planning Division Manager, LUT Hal Bergsma, Senior Planner, LUT Mark Brown, Principal Planner, LUT Scott King, Senior Planner, LUT Mike Borresen, Engineering/Surveying Division Manager, LUT Jerry Parmenter, Capital Project Management Division Manager, LUT Bob Cruz, Conveyance Systems Director, USA Linda Gray, CPO Coordinator Jeff Friend, Audio/Video Specialist Barbara Hejtmanek, Recording Secretary 1. CONSENT AGENDA Chair Peters announced the following modifications to todays Consent Agenda: Item f. is removed from the Consent Agenda indefinitely. Item j. is continued to October 28, 1997.

2 An off docket item from Support Services entitled "Signature Authority/Purchase of Motorola Communications Equipment/Sheriffs Office (97133SA) is added to the Consent Agenda. It was moved to approve the Consent Agenda, noting the above. Motion - Duyck UNIFIED SEWERAGE AGENCY 1.a. USA RO Easements - Approval of Acquisition (Approved Under Consent Agenda) 1.b. USA MO Declare Certain Agency Real Property as Surplus and Authorize the General Manager to Execute a Memorandum of Understanding with the City of Tigard and Negotiate the Terms and Conditions of the Sale and Transfer of Such Surplus Property to Tigard for Park Purpose (CPO 4) (Approved Under Consent Agenda) 1.c. USA MO Authorize the General Manager to Execute an Easement Granting Trail Access for the City of Tigard Cook Park Expansion (CPO 4) (Approved Under Consent Agenda) 1.d. USA MO Lewis Local Improvement District - Declaration of Necessity and Purpose for Acquisition of Certain Real Property (CPO 7) (Approved Under Consent Agenda) 1.e. USA MO Conveyance Maintenance Study - Approve Professional Services Agreement (Approved Under Consent Agenda) LAND USE AND TRANSPORTATION 1.f. RO Forest Grove Northern Arterial Connector (Hwy. 47) Quince Street to Beal Road - Declaration of Necessity for Right-of-Way and Approval of Right-of-Way Supplemental Agreement (CPO 12F) (Removed From Consent Agenda)

3 1.g. RO NW Bethany Blvd. - Establishment of a Road as County Road No (CPO 7) (Approved Under Consent Agenda) 1.h. RO Chrisben Woods Subdivision and Partition Plat No and Reestablishing County Road No Establishment of the Road as County Road No (CPO 6) (Approved Under Consent Agenda) COUNTY COUNSEL 1.i. MO Third Amendment to Professional Services Agreement (Approved Under Consent Agenda) HEALTH AND HUMAN SERVICES 1.j. MO Emergency Ambulance Service Agreement (Continued to October 28, 1997) 1.k. MO Signature Authority to Issue a Purchase Order for Medicaid Match Health and Human Services (Approved Under Consent Agenda) SHERIFFS OFFICE 1.l. MO Letter of Understanding with the Washington County Police Officers Association (WCPOA) (Approved Under Consent Agenda) SUPPORT SERVICES 1.m. MO Approve Findings/Grant Specific Exemption from Bidding Requirements/Authorize Increase in Contract with ATC for Environmental Engineering Services - Support Services/Facilities Management Division (#94091P) (Approved Under Consent Agenda) 1.n. MO Acceptance of Proposal/Authorization to Execute Agreement

4 for Environmental Remediation Services/Department of Support Services/Facilities Management Division (#97114P) (Approved Under Consent Agenda) 1.o. MO Acceptance of Offers - Real Property Auction Land Sales (Approved Under Consent Agenda) 1.p. MO Oregon Nurses Association Collective Bargaining Agreement (Approved Under Consent Agenda) HOUSING AUTHORITY The following action was taken as the Board of Directors of the Housing Authority - a County Service District. 1.q. HA MO Amend Maintenance Cleaning & Painting Contract (Approved Under Consent Agenda) 2. ORAL COMMUNICATION Ryan OBrien, Planning Consultant, 233 S.E. Washington Street, Hillsboro, Oregon, told the Board he has been doing planning work in Washington County for twenty years. He stated that the County has a terrible backlog on its plan reviews, plats, and construction plans. Mr. OBrien explained that the delays are very costly for his clients. He said that the Contractors are building projects quickly--well in advance of when the plats are recorded. Mr. OBrien believed that the plats should be checked in advance. He also suggested that the fees be increased if that is what it takes to expedite the process. Mr. OBrien stated that the Unified Sewerage Agency has a tremendous backlog as well. He proposed that the Board appoint a Task Force to determine how many staff are needed and how much fees should be in order to get the job done. John Rosenberger stated that he is aware of the survey plat situation. He explained that his department is working with Human Resources to look for additional staffing and to increase the turnaround time. Bob Cruz offered to speak to Mr. OBrien after todays meeting about the plan review backlog in the Unified Sewerage Agency. It was Mr. Cruzs understanding that this backlog had been cleared up, based upon his tracking the situation almost on a daily basis. George Choban (no address given; did not sign in) addressed his request to the Board to permit a DMV facility on his property. He said that the State expressed frustration in a telephone conversation earlier today over the inability to place a service where it best serves the public. Mr. Choban stated his belief that certain agencies should be allowed to place a facility where demographics dictate rather than where a plan dictates. He asked

5 for the flexibility to place a facility where there is a need for a particular service. Mr. Choban requested that such a facility be allowed to locate without regard to ordinances. 3. PRESENTATIONS 3.a. MO Forest Grove Northern Arterial Connector (Council Creek-Quince Highway 47 Bypass Project) - Receive Partnering Achievement Award (CPO 12F, 13) John Rosenberger informed the Board that one of the MSTIP 2 projects (Forest Grove Northern Arterial) is the recipient of an Oregon Department of Transportation Quality Initiative Partnering Achievement Award. He introduced Jeff Graham, Federal Highway Administration, and Jerry Parmenter, Capital Project Management Division Manager, Department of Land Use and Transportation. Jeff Graham presented the Oregon Transportation Quality Initiative Achievement Award to Commissioner Andy Duyck and Jerry Parmenter in recognition of the interagency partnering efforts which culminated in the selection of a build alternative and revised environmental analysis on the Council Creek-Quince Street/ Highway 47 Bypass. Audience applause concluded this presentation. 4. PUBLIC HEARING - LAND USE AND TRANSPORTATION/COUNTY COUNSEL 4.a. MO First Reading and Public Hearing - A-Engrossed Land Use Ordinances No. 483, 484, 485 and Amendments to the Urban Comprehensive Framework Plan; the Transportation Plan; the Cedar Hills-Cedar Mill Community Plan; the Sunset West Community Plan; and the Community Development Code Relating to Station Area Planning There was a motion to read Proposed A-Engrossed Land Use Ordinance No. 483 by title only. 2nd - Duyck Alan Rappleyea read the proposed ordinance by title. It was moved to read Proposed A-Engrossed Land Use Ordinance No. 484 by title only. Motion - Duyck Alan Rappleyea read the proposed ordinance by title.

6 There was a motion to read Proposed A-Engrossed Land Use Ordinance No. 485 by title only. Alan Rappleyea read the proposed ordinance by title. It was moved to read Proposed A-Engrossed Land Use Ordinance No. 486 by title only. Motion - Christy Alan Rappleyea read the proposed ordinance by title. Brent Curtis provided a staff report. He reviewed that the Board on October 7th directed engrossment of these ordinances. Mr. Curtis reported that staff subsequently prepared and mailed notice to those who appear on the general notification list of the hearing today and the one scheduled for October 28, Public testimony was invited. John Donogalla, 9305 W. Stark, Portland, Oregon, addressed Ordinance No Specifically, he wanted to see a road extension in the area of SW 90th to 98th. Mr. Donogalla displayed a map and said he could not find a road on it. Mr. Curtis explained that the road is not on that particular map because the County is in the process of amending it. Scott King reported that the 90th extension shows up in A-Engrossed Ordinance 484, Exhibit 2, Page 1. Jake Mintz, 9849 S.W. Spring Crest Drive, Portland, Oregon, addressed 1) the hillside behind St. Vincent Hospital and 2) the density in the West Haven neighborhood. He related that there has been a lot of testimony about these two topics at previous meetings. Mr. Mintz testified that people in the West Haven neighborhood feel left out of the process. No further testimony was offered. It was moved to continue Proposed A-Engrossed Land Use Ordinance No. 483 to October 28, Motion - Duyck There was a motion to continue Proposed A-Engrossed Land Use Ordinance No. 484 to October 28, 1997.

7 2nd - Duyck It was moved to continue Proposed A-Engrossed Land Use Ordinance No. 485 to October 28, nd - Duyck There was a motion to continue Proposed A-Engrossed Land Use Ordinance No. 486 to October 28, PUBLIC HEARING - LAND USE AND TRANSPORTATION 5.a. MO RO Vacation No (A Portion of a Foot Wide Roadway Dedicated to the Public by the Deed Recorded in Book 50, Page 371, Deed Records of Washington County) (CPO 12) Commissioner Duyck excused himself from the dais for the duration of this agenda item. He divulged a direct conflict of interest with this item due to the fact that his father owns the subject property. Mike Borresen recalled that this item initially came before the Board on August 5, 1997, at which time there was considerable discussion relative to the proposed road vacation. He said the issue becomes a railroad crossing issue between two property owners. Mr. Borresen stated that the public road does provide access to one of the property owners, who has a private crossing. He said the issue at hand is whether or not that private crossing will remain. Mr. Borresen displayed and narrated photographs of the area under discussion. He commented that staff has suggested that all but 60 feet be vacated. Mr. Borresen reported that Oregon Department of Transportation has taken over for PUC and is now trying to close as many of the private railroad crossings as possible. Kit Jensen, 100 W. Baseline, Hillsboro, Oregon, represented the owners of property adjacent to the County road which is proposed to be vacated. He recalled testifying in August that his clients do not want to see the entire County road south of the railroad tracks vacated because the Oregon Department of Transportation has said that if this was done, they would entertain a motion from the railroad to terminate that crossing as a public crossing. Mr. Jensen noted that his clients use that crossing for access to their property, which is south of the railroad tracks and immediately adjacent to the road. He favored the proposed resolution as amended by staff, i.e., to maintain the northerly 60 feet which are immediately south of the railroad tracks. Mr. Jensen said this would 1) allow his clients to drive farm vehicles across the tracks and turn these onto their

8 property, and 2) allow his clients to utilize a public, rather than private, crossing. He acknowledged that his clients do have a private crossing on their property; however, he pointed out that private crossings can be terminated and there are indemnity issues associated with them. Mr. Jensen told the Board that Edmund Duyck mentioned at an earlier meeting a deed that would guarantee his clients that they could maintain the private crossing when the land was deeded to the railroad. He commented that neither Mr. Duyck nor his attorney has provided him with this deed. Mr. Jensens understanding was that this deed dates back a number of years and was a deed for a much larger piece of property. He pointed out there would be the issue that the deed would not necessarily speak to the smaller parcel and individual private crossing. Mr. Jensen reiterated that staff recommendation is acceptable to his clients and will preserve their right to cross the tracks to farm their property. Edmund Duyck, 2020 S.W. 325th, Hillsboro, Oregon, alleged that a lot of untrue statements have been made. He stated that this public crossing is not a County road because the County does not maintain it. Mr. Duyck said that he knows he paid for the road when he bought this property because any prudent businessman would have added his capital improvement cost into the sale of the property. He added that he maintained this road for the last ten years by himself. Mr. Duyck distributed a copy of the deed to the Board but said that he did not think he should have to supply it to Mr. Jensen. (Copy of deed may be found in the Meeting File.) He read from the deed as follows: "The railroad company will provide their own fencing and make necessary crossings for roads and cattle." Mr. Duyck testified that his neighbors crossing is his crossing also. He said the railroad is responsible for the deeded crossing at the present time because no one has signed an agreement making it an agreement crossing. Mr. Duyck stated that only the owners of a deed can cancel a deeded crossing. He complained that the neighbors have refused to help him maintain the road. Mr. Duyck stated his belief that the road is not wide enough to support multi-ownership use. He claimed that his neighbors situation is not as bleak as they have pictured it. Chair Peters asked Counsel to clarify how the crossings relate to todays decision. Lorie Skurdahl explained that this deed is a railroad right-of-way deed; the owner of the entire original property was granting a right-of-way or easement for the railroad to build their line and also providing for roadways and stock crossings. She defined a deed crossing as a private right either granted by the railroad through deed or reserved by the original owner. Ms. Skurdahl clarified that an agreement crossing is different in that it would be like any other contract with terms and conditions. Commissioner Katsion wondered if the Board could adopt staffs recommendation with the stipulation that half of the cost of maintenance for the road be incurred by each party. Lorie Skurdahl responded in the negative. She informed the Board that its authority in a road vacation matter is simply to either grant the vacation or not vacate the road. Ms. Skurdahl said the Board does not have the opportunity to attach subsequent conditions to that. Dan Olsen added that the Board does not have the legal authority to impose conditions but could make its desires known and revisit the issue at some future point.

9 Commissioner Katsion said that if Mr. Duycks neighbors would be willing to participate in 50% of the maintenance, she might go along with staffs recommendation. Kit Jensen reported that his clients make use of the road four times per year so do not feel a 50/50 allocation would be fair to them. Edmund Duyck asked if it would be possible to insert a sunset clause into an agreement such that when the neighbors sell the farm, this part does not go with it. Mr. Jensen stated that any stipulation like that makes his clients property less valuable to sell, except to Mr. Duyck. He said that his clients have suspected all along that his ulterior motive is to make himself the only possible purchaser of the farm. Mr. Jensen reiterated that his clients want secure, permanent access to the property--not for a limited period of time. Commissioner Christy proposed vacating up to the railroad tracks. She said the neighbors could call and ask Mr. Duyck for permission if they needed to use the road. Chair Peters was inclined to vacate as originally proposed. There was a motion to approve the vacation as originally proposed on August 5, Motion - Christy Vote (Rogers and Duyck absent) 6. COUNTY COUNSEL 6.a. MO Second Reading of Proposed Ordinance 500, an Ordinance Amending the County-Wide Traffic Impact Fee Base Report and Appendix A There was a motion to read Proposed Ordinance 500 by title only. Motion - Christy Vote Dan Olsen read the proposed ordinance by title. It was moved to continue the item to October 28, 1997, for the third reading and first public hearing. Vote BOARDS AND COMMISSIONS

10 7.a. MO Appointment of Members to the Human Services Advisory Committee There was a motion to appoint Bruce Bartlett, Earl E. Eagen, Sharon Herring, Becky Berger, Louise Faxon, Gary Schnoor, Chuck Steury, and Don Trumbull to the Human Services Advisory Council. Vote (Rogers and Duyck absent) Commissioner Christy announced that there are still vacancies available on the Adult Behavioral Health Council and encouraged interested parties to call to request an application. 7.b. MO Appointments to the West Slope Community Library Advisory Board Commissioner Duyck now rejoined the Board Meeting. It was moved to re-appoint Susan Padgett Gysel and Richard M. Waldo to the West Slope Community Library Advisory Board. Motion - Christy 8. ORAL COMMUNICATION None. 9. BOARD ANNOUNCEMENTS None. 10. ADJOURNMENT: 11:08 a.m. Motion - Christy

11 MINUTES APPROVED THIS DAY 1997 CHAIR RECORDING SECRETARY For more information or comment: or write to: Washington County Administrative Offices 155 N. First Avenue, Suite 300 Hillsboro, OR or Telephone: or Facsimile: or other phone numbers