BOC Minutes 05-17-2005
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Washington County, Oregon Board of Commissioners last updated: January 18, 2005 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS MAY 17, 2005 CONVENED: 10:09 a.m. BOARD OF COMMISSIONERS: Chairman Tom Brian Vice Chair Andy Duyck Commissioner Dick Schouten Commissioner John Leeper Commissioner Roy Rogers (Participated by telephone from out-of-town conference) STAFF: Charles D. Cameron, County Administrator Dan Olsen, County Counsel Chris Gilmore, Assistant County Counsel Kathy Lehtola, Director, LUT Brent Curtis, Planning Division Manager, LUT Mark Brown, Land Development Manager, LUT Suzanne Savin, Senior Planner, LUT Paul Schaefer, Senior Planner, LUT Steve Conway, Senior Planner, LUT Terry Lawler, Senior Planner Rural, LUT Greg Miller, County Engineer Bob Cruz, Deputy General Manager, CWS Patt Opdyke, CPO Coordinator Jeff Friend, Audiovisual Specialist Barbara Hejtmanek, Recording Secretary PRESS: Dick Colby, The Oregonian APPROVAL OF MINUTES: April 26, 2005 (Approved as corrected) May 3, 2005 1. CONSENT AGENDA Chairman Brian announced the following awards of bid: On item p., there is award of bid for Project A to Gonzales Boring and Tunneling in the amount of $214,939.00 On item q., there is award of bid for Project B to Eagle-Elsner, Inc. in the amount of $377,142.50. On item r., there is award of bid for Project C to Eagle-Elsner, Inc. in the amount of $95,653.25. On item s., there is award of bid for Project D to Kerr Contractors, Inc. in the amount of $270,034.25. On item x., there is award of bid to Blackline in the amount of $745,184.53. It was moved to adopt the Consent Agenda, as modified. Motion Duyck 2nd Leeper Vote 5-0 CLEAN WATER SERVICES 1.a. CWS RO 05-19 Acquire Easements for Sanitary and Storm Sewer (Approved Under Consent Agenda) 1.b. CWS RO 05-20 Endorse Boundary Change Proposal for Annexation to Clean Water Services Service District (WA-0705) (CPOs 12F, 13) (Approved Under Consent Agenda) 1.c. CWS RO 05-21 Endorse Boundary Change Proposal for Annexation to Clean Water Services Service District (WA-1405) (CPO 5) (Approved Under Consent Agenda) 1.d. CWS MO 05-31 Approve Encroachment Agreement with Dave and Elizabeth Downey (CPO 1) (Approved Under Consent Agenda) 1.e. CWS MO 05-32 Award Contract for Uniform Rental and Laundry Services to Alsco, Inc. (Approved Under Consent Agenda) 1.f. CWS MO 05-33 Quitclaim a Portion of a Sanitary Sewer Easement to the Helen A. Loos Revocable Living Trust (CPO 4M) (Approved Under Consent Agenda) LAND USE AND TRANSPORTATION 1.g. MO 05-154 Approve Agreements with the City of Beaverton Regarding Recently Annexed Property and Permit Issuance (CPO 1, 3, 7) (Approved Under Consent Agenda) 1.h. RO 05-78 Approve Declaration of Necessity and Protective Rent Payments for Right-of-Way Acquisition for Timber Road Culvert Over Beaver Creek Project (CPO 14) (Approved Under Consent Agenda) 1.i. RO 05-79 Approve Declaration of Necessity and Protective Rent Payments for Right-of-Way Acquisition for the SW 66th Avenue and SW Parkwest Lane Culvert Replacement Project (CPO 3) (Approved Under Consent Agenda) 1.j. RO 05-80 Approve Agreement with Cornelius for Right-of-Way Services, Declaration of Necessity and Protective Rent Payments for Right-of-Way Acquisition for the Susbauer Road Bridge Project (CPO 12, 13) (Approved Under Consent Agenda) 1.k. RO 05-81 Approve Establishment of a Road Maintenance Local Improvement District (MLID) for Bradburn Estates (CPO 6) (Approved Under Consent Agenda) 1.l. RO 05-82 Approve Establishment of a Road Maintenance Local Improvement District (MLID) for Hampton Place (CPO 3) (Approved Under Consent Agenda) 1.m. RO 05-83 Approve Establishment of a Road Maintenance Local Improvement District (MLID) for Nicole Estates (CPO 6) (Approved Under Consent Agenda) 1.n. RO 05-84 Approve Establishment of a Road Maintenance Local Improvement District (MLID) for Ping Woods (CPO 6) (Approved Under Consent Agenda) 1.o. RO 05-85 Approve Establishment of a Road Maintenance Local Improvement District (MLID) for West Parc at Bethany Village (CPO 7) (Approved Under Consent Agenda) 1.p. MO 05-155 Approve Bid Award, Execute Contract for 2005 Culvert Replacement Program (Project Group A) (CPO 14) (Approved Under Consent Agenda) 1.q. MO 05-156 Approve Bid Award, Execute Contract for 2005 Culvert Replacement Program (Project Group B) (CPO 13, 12F, 3, 4M) (Approved Under Consent Agenda) 1.r. MO 05-157 Approve Bid Award, Execute Contract for 2005 Culvert Replacement Program (Project Group C) (CPO 5) (Approved Under Consent Agenda) 1.s. MO 05-158 Approve Bid Award, Execute Contract for 2005 Culvert Replacement Program (Project Group D) (CPO 3) (Approved Under Consent Agenda) COMMUNITY DEVELOPMENT 1.t. MO 05-159 Approve HOME Investment Partnership Project Agreement for Willamette West Habitat for Humanitys Farmington Road Development (Approved Under Consent Agenda) SUPPORT SERVICES 1.u. MO 05-160 Amend Contract with Geodesign, Inc., for Environmental Engineering Services (Approved Under Consent Agenda) SERVICE DISTRICT FOR LIGHTING NO. 1-A COUNTY SERVICE DISTRICT 1.v. SDL RO 05-18 Form Assessment Area, Authorize Maximum Annual Assessment and Impose a First Year Assessment for Bradburn Estates (CPO 6) (Approved Under Consent Agenda) 1.w. SDL RO 05-19 Form Assessment Area, Authorize Maximum Annual Assessment and Impose a First Year Assessment for Rosa Orchards (CPO 6) (Approved Under Consent Agenda) URBAN ROAD MAINTENANCE DISTRICT-A COUNTY SERVICE DISTRICT 1.x. URMD MO 05-2 Approve Bid Award for 2005 Crack Seal and Slurry Seal Projects (All CPOs) (Approved Under Consent Agenda) 2. ORAL COMMUNICATION (2 MINUTE OPPORTUNITY) Carolee Tyson, 20847 NW Pumpkin Ridge Road, North Plains, Oregon, informed the Board that a neighborhood task force has formed to fight the proposed development at Hornings Hideout. She stated that Hornings Hideout is trying to expand by adding 2,975 campsites for group concerts. Ms. Tysons understanding was that the County is denying the land use. She told the Board that Hornings Hideout has already filed a Measure 37 claim. Ms. Tyson indicated that the entire neighborhood is opposed to this development and wishes to help ensure that this development does not happen. Phyllis Squeglia, 20701 NW Keller Road, North Plains, Oregon, agreed with Ms. Tysons comments about Hornings Hideout. She reported that there is a land use hearing tomorrow regarding this matter. Ms. Squeglia referenced a petition that has been signed by 150 people, which requests that this development be denied. (Petition may be found in the Meeting File.) She stated that the noise, traffic, vandalism and other impacts from past concerts would affect people from a large area. Ms. Squeglia mentioned that the community has safety concerns regarding Pumpkin Ridge Road, which she characterized as a two-lane, substandard, curvy, hilly road. She said that this road is used by walkers and bicyclists. Ms. Squeglia believed that an extra 1,000 to 3,000 cars per day during concert periods would not represent the best use of this road. She hoped that Hornings Hideouts claim would be denied. Isador W. Morgavi, 15145 SW 119th Avenue, Tigard, Oregon, submitted a handout, which may be found in the Meeting File. He said that on October 22, 1996, Washington Countys Ordinance 487 adopted a new Article VIII for the Washington County Development Code amending the West Tigard Community Plan and the Bull Mt. Community Plan. Mr. Morgavi stated that neither Ordinance 487 nor Article VIII makes reference to annexation. He commented that sometime in 2000, the City of Tigard began requiring applicants for development permits to sign an agreement that they would be annexed into the City of Tigard at some later date. Mr. Morgavi told the Board that he called King City, Beaverton and Portland and was told this was not their policy. He reported that the City of Tigard has cited the following authority for requiring annexation: Sections 222.115, 222.173, 222.175. (See handout.) Mr. Morgavi remarked that he cannot find where the statutes authorize Tigards practice. He believed that the City of Tigard has illegally coerced property owners. Mr. Morgavi asked the Board to stop this practice and to review all annexations done using this practice. He assured the Board that he has made an honest effortboth verbally and in writingto obtain the desired information from Tigard. Mr. Morgavi described a process around where he lives that is creating islands and feared that he and his neighbors would be dragged into the City of Tigard against their wills. He characterized this as illegal coercion and asked the Board to do something about it. Chairman Brian promised that the County would review his material and ask Counsel to determine a) if there is an inappropriate activity, and b) if the Board has the authority to do anything about it. He said that someone would be getting back to Mr. Morgavi. 3. PROCLAMATIONS 3.a. MO 05-150 Proclaim May 15 through May 21, 2005 as National Public Works Week The Clerk of the Board read the proclamation into the record. Kathy Lehtola informed the Board that staff held a very successful Public Works Fair at Washington Square over the past weekend. She indicated that Clean Water Services and Washington County have jointly sponsored this. Mrs. Lehtola called attention to a display in the main lobby of the Public Services Building all this week pertaining to this proclamation. Chairman Brian thanked the Countys public works staff as well as the public works staff of the cities and special service districts. He recognized that these workers go about their jobs day after day, rain or shine, floods, snow, or whatever appears in order to keep citizens safe and their movements convenient.