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1984-90128-Minutes for Meeting October 17,1984 Recorded 11/20/1984A va 57 FACE 438 DESCHUTES COUNTY BOARD OF COMMISSIONERS OCTOBER 17, 1984 - REGULAR MEETING MINUTES Acting Chair Prante called the meeting to order at 10:00 A.M. Commissioner Young and Commissioner Tuttle were present. Amendments to Chair Prante read the amendments to the the Agenda Agenda. There were no changes or additions. Bid Opening Michael Maier, Director of Administrative for Courthouse Services, and Marshall Ricker, Architect, Annex re- opened the bids received for the re-roofing roofing of the annex. The bids received were: Glen Pro~ec : Johnson Roofing, Bend, Oregon, $44,603.00 single ply; Early Roofing, Springfield, Oregon, $52,893.00, base bid built up system, and $83,814.00, single ply; and Eagle Roofing, Bend, Oregon, $53,820.00, single ply. c~ The bids will be checked for compliance with the ` = < bid specification and will be placed on the Board's agenda at a future date for awarding of the bid. Public Hearing John E. Andersen, Community Development Director, Regarding Geo- explained that during the past year the County has thermal Amend- been conducting a study of the geothermal potential ment to for Deschutes County, the proper role for Deschutes Deschutes County, and the regulation of the resource. County Comp- Mr. Andersen stated that the Deschutes County rehensive Planning Commission has spent the last year Plan studying geothermal development potential in the and Zoning County, have proposed a geothermal element for the Ordinance Deschutes County Comprehensive Plan and related amendments, and have held numerous work shops for discussion and information, as well as obtained public testimony in a public hearing September 12, 1984. The Deschutes County Planning Commission recommends adoption of the Ordinance as proposed in the final draft of October 10, 1984. Mr. Andersen read a letter received from Myer Avedovech, representing Mr. James R. Miller, LaPine Pumice Company, which has a direct interest in aspects of the element. Mr. Andersen explained that Union Geothermal has been active in reviewing the plan and has sent a letter to be submitted into the record. Mr. Andersen explained that the letter has not yet been received and gave an overview of the letter. Mr. Andersen stated that the Sierra Club had indicated an interest in the proposal but found the time too short in order to prepare a presentation. Mr. Andersen suggested that after receiving testimony today the hearing be continued to December 12, 1984 in order to allow additional OCTOBER 17, 1984 MEETING MINUTES - PAGE 1 VOL 57 FACE 439 time for presentation. Mr. Andersen introduced the consultant for this proposal, Mr. Eliot Allen. Eliot Allen, Eliot Allen and Associates, Salem, Oregon, summarized the contents of the element. Mr. Allen stated that this project was funded by the Bonneville Power Administration (BPA) last fall. Since the work began, approximately 110 person hours have been put into the project by the Deschutes County Planning Commission and County staff. Another 25 person hours were contributed by interested citizens and other federal and state agencies that the County has coordinated with. Mr. Allen said that there has been an extensive amount of public involvement effort on the part of the County during the project and because of this, the County can feel confident that views have been sought and incorporated into the element. Mr. Allen stated that the project had two purposes. The first purpose was in response to the assistance from the BPA to help the BPA and Northwest Power Planning Council determine how much geothermal energy could be developed in this county as the Power Planning Act is implemented. BPA was interested in knowing how much power could be generated by resources in the County as well as how much electricity could be displaced by geothermal direct use. The estimates came to 1,200 to 2,500 megawatts of power generation capable from the resources and 2 to 10 megawatts of electricity that could be displaced, either through geothermal direct use or heat pumps. Mr. Allen said that the second major objective was to put a magnifying glass on Goal 5 as it relates to geothermal resources. The entire Goal 5 process was gone through carefully to give the County the Goal 5 element as it relates to geothermal energy, and to comply with LCDC requirements. The element document is constructed and formated identically to the Goal 5 process. Mr. Allen continued that geothermal energy is the heat of the earth. Geothermal energy is able to be extracted from the earth in those places where the crust is thin enough that the resource can be captured through wells. By bringing the resource to the surface of the ground in those wells, if the temperature is hot enough, electricity can be generated by turning a turbine with the steam of the resource. If the temperature is low it can be used directly to heat buildings, industrial processes, and agricultural processes. Low temperature water (ground water) can be heat pumped with a water source heat pump for heating of buildings or industrial processes. Mr. Allen said that in the State of Oregon there OCTOBER 17, 1984 MEETING MINUTES - PAGE 2 I VOL 57 %E 440 are a variety of governmental entities that regulate geothermal resources. The resource that exists beneath 250 degrees fahrenheit is considered to be ground water and the Oregon Water Resources Department is in charge of appropriating it. Above 250 degrees fahrenheit it is considered a mineral and the Department of Geology and Mineral Industries regulates it. If it is above 250 degrees fahrenheit the ownership of the resource goes to the overlying property owner. In addition, the Department of Environmental Quality becomes involved in all cases when it comes to disclosing of any type of a resource. Mr. Allen continued that on federal lands the Bureau of Land Management is the federal lead agency who supervises the leasing of the resource and any development and operations that would ensue after that. The Forest Service is heavily involved if the resource occurs beneath national forest lands, which does occur in Deschutes County. The County has direct authority over private and state-owned lands. The authority is a land use type authority under the state statutes. Zoning of geothermal drilling is the responsibility of the County. The County is also responsible for siting small scale power plants less than 25 megawatts. Above 25 megawatts the responsibility goes to the State Energy Facility Siting Council. Mr. Allen said that the resource inventory was based on existing information with a limited amount of field work because there was not a great amount of time or budget in this project to enable actual field work. Seven major resource areas were identified, which were divided into three types of resource - the higher temperature resource that would generate electricity, the moderate resource from 100 degree fahrenheit to boiling to heat homes and factories, and the low temperature resource that can be heat pumped. The high temperature resources mostly exists on federal lands and are the direct responsibility of BLM and the Forest Service, although the County has a major responsibility to advise those agencies as to the proper way to manage the development of these resources. Mr. Allen continued that the east flank of the Central Cascades is a major resource area in high temperature. Newberry Crater is a well known and long standing perspective resource area. There are two smaller ones just north of Glass Buttes. There is an electrical potential that does extend slightly into Deschutes County and some leasing has occured just across the County line. Just west of Powell Buttes there is some high temperature OCTOBER 17, 1984 MEETING MINUTES - PAGE 3 VOL 57 fA'E 441 leasing occuring, some of that leasing has come into the Alfalfa area. Of these high temperature areas the one that has the most feasible potential in the shortest term would appear to be Newberry Crater and the area near Sisters and Black Butte Ranch. These high termperature areas combined have been estimated to generate approximately 1,200 to 2,500 megawatts of power. This estimate is tentative and there is a great deal more research work to be done before a definitive number can be developed. There has been about 1/4 million acres of land inside Deschutes County leased by the Forest Service for geothermal and another 145,000 acres with applications pending. Mr. Allen stated that a very important aspect of this project for purposes of economic development is the moderate temperature resources that exist. These temperatures range from 100 degrees fahrenheit up to boiling, which is most usable in agricultural and aquacultural applications as well as industrial applications. Mr. Allen stated that a well that produces fluids in those temperatures could be used to support fish farming and green housing. Mr. Allen stated that this is already occuring in Klamath County, Lake County, and Harney County to a certain extent. In terms of Deschutes County's interest in economic diversification, more work particularly in the Alfalfa area might represent an opportunity to use this resource to create jobs locally without any adverse environmental consequences and without a lot of capital investment required. Mr. Allen stated that there are indications that these moderate temperatures exist in the Redmond area, but more work needs to be done. Mr. Allen continued that the best low temperature areas (ground water as low as 50 degrees fahrenheit) within Deschutes County are in the LaPine and Sisters areas. In these areas it is estimated that 2 to 10 megawatts of electricity could be displaced by switching people to geothermal. Mr. Allen encourgaed major facility construction in either of these two areas in excess of 10,000 square feet to look to water source heat pumps for heating purposes. Mr. Allen stated that the resource inventory is preliminary and as exploration occurs over time the inventory will need to be amended. Mr. Allen stated that the next step in the project was to document the status of resorce development in the County. There is no resource utilization going on in the County in high or low temperature. There has only been a limited amount of exploration in the Newberry Crater area and Sisters-Black Butte OCTOBER 17, 1984 MEETING MINUTES - PAGE 4 VOL 57 PAcE 44? area. The conclusion is that Deschutes County is in the early stages of development and the project is well timed in that there is the opportunity to do some advance planning and have policies and measures in place before development pressures. The next portion of the project was concerned with the Goal 5 requirement of identifying conflicting uses and identifying the consequences of those conflicts. Conflicts were identified in many kinds of intensive activity such as residential, commercial, recreational and tourism aspects. Geothermal development in high temperature regime is an industrialization of an area. Mr. Allen explained that if you were to go into an area to develop high temperature steam resources, you would build a power plant and the immediate vacinity would become industrialized in character. The Deschutes County Planning Commission determined that kind of activity would conflict in many of these rural sites where there is tourism and recreation activites, as well as some of the resort activities. The consequences of those conflicts were determined to be primarily environmental and economic. Mr. Allen said there are some environmental risks in developing geothermal, although technology exists to control those and minimize them. The Planning Commission was very concerned about the economic consequences where an area would become industrialized, and by virtue of that, tourism and recreation would begin to fall off in that area. These conflicts are limited strictly to the high temperature resource. The Planning Commission determined that the low temperature resource did not have serious conflicts or consequences. The Planning Commission is recommending that low temperature activity be allowed as an accessory use under the zoning ordinance. The real area of sensitivity was the high temperature resource creating an industrialization that would be inconsistent with the rural recreational character of many of the sites. The next step in the Goal 5 process is putting in place management practices to get what benefit we can from the resources as well as avoid conflicts. Mr. Allen stated that Goal 5 says that you either protect the geothermal resource fully and don't worry about other uses; or you worry completely about the other uses and do not allow geothermal; or that they have equal merit and should conditionally allow things to coexist as much as possible. Mr. Allen explained that geothermal exploration and development for power generation is a permitted use in all of the EFU zones, in two of the Forest zones, and in the OCTOBER 17, 1984 MEETING MINUTES - PAGE 5 VOL 57 FACE 443 mining zones. Mr. Allen stated the conclusion of the project was that the County will take a very agressive posture in relationship to the federal agencies activities and will have direct land use responsibilities. The fourteen policies and zoning ordinance amendments say in effect that Deschutes County recognizes the value of the geothermal resources and believes that particularly low and moderate temperature resources can be used to foster economic growth in the County and create jobs, and the County supports that. Deschutes County recognizes the high temperature power sources as being significant; however, there are concerns about any adverse environmental economic consequences that development of that resource could cause. If that kind of activity is going to occur in areas where Deschutes County has jurisdiction there will be some very specific development standards that will apply. Chair Prante asked Mr. Allen if any of the areas of the high temperature resource could be developed without any adverse effects. Mr. Allen stated that high temperature power generation is possible in the northern Glass Buttes area and to a certain degree west of Powell Buttes. Mr. Allen stated that there are areas in the Cascades that may be possible to accomodate development without significant adverse effects, although an area this large needs to be approached on a site specific case-by-case basis. Commissioner Tuttle asked Mr. Allen to explained the impact of the unitization of the leases. Mr. Allen explained that it describes the combining of several leases into one single operating unit and is done primarily for two reasons. Unitization occurs because there is a tremendous resource potential and the operators choose to pool their interest so the resource can be more effectively managed. Another reason unitization is created is because under state law it allows the acreage in that unit to not be charged against that particular lease holder in that state. Paul Converse, 6880 N. E. lst Street, Redmond, a citizen and candidate for Central Oregon Peoples Utility District Board of Directors, stated that Newberry Crater is awfully large and half of the hot water potential in the County. Mr. Converse said that it would be a mistake to prohibit development in that area. Mr. Converse asked how OCTOBER 17, 1984 MEETING MINUTES - PAGE 6 v®L 57 %444 geothermal development will hurt the recreational aspects of Newberry. Mr. Converse said that it will create industrialization, but the beetles are now doing a good job of ruining the scenery by killing half the trees in the area so, geothermal would be another visusal impact. Mr. Converse said that since dams are being excluded on the river to keep them natural and we do want power this kind of power seems to blend with the environment very well and would be a mistake to prohibit it in the Paulina Lake region. Mr. Converse asked how many square miles this area is and is this the prime building area in the County from an energy standpoint. Mr. Converse asked if it had been assessed whether the drillers can drill at an angle from outside the area to penatrate the best spots, or it is necessary in this technology to drill vertically to get the steam. Mr. Converse asked if there is any type of pollution associated with geothermal energy we should be aware of? Mr. Converse said that he does not think that geothermal development would decrease tourism. It was suggested that Mr. Converse look at the element, which will answer a great number of his questions. John C. Driscoll, 62142 Cody Jr. Road, Bend, explained that he is also running for Central Oregon Peoples Utility District, and concurred with Paul Converse' observation. Mr. Driscoll stated that the effects of these facilities would be less dramatic then a dam, and geothermal energy of this type has been sucessfully pursued in Klamath County. Mr. Driscoll stated that geothermal has a proven track record and is much simpler and would allow more control over power and its distribution. Mary Jane Newton, 11 N. W. Kansas Ave., Bend, explained that if a steam plant were allowed at Newberry Crater there would be tremendous effects. Ms. Newton said that not only would it be turned into an industrial area, it would also make it almost a private area because people would not be allowed in those areas. There will be tremendous effects as far as steam is concerned and the noise from drilling. A geothermal process is a continual process. A well is drilled and the resource is used but you also find that the heat is going to diminish. Ms. Newton explained that the drilling is continual, the noise from the drilling is continuous, and the pollution is continuous from different types of chemicals in the water. Ms. Newton continued that in Newberry Crater there is a OCTOBER 17, 1984 MEETING MINUTES - PAGE 7 VOL 57 rAcE 445 sink where cold air settles and 400 tons of steam coming out of each well per hour and the area will be completely in a cloud. People won't be able to see across the lake or stand the smell. Ms. Newton said where tourism is concerned it will be destroyed. Ms. Newton said that in 1982 there were 300,000 people who visited Newberry Crater. Ms. Newton said that the fish resources and tourism is going to be ruined. Ms. Newton asked what the balance is between the two. Ms. Newton stated that tourism is already an important resource and if this is destroyed for some power, is it worth it? Commissioner Tuttle asked Mr. Eliot if some slides could be presented at the next hearing to get an idea of what a plant looks like. MOTION: TUTTLE moved to continue the hearing to December 12, 1984. YOUNG: Second VOTE: UNANIMOUS APPROVAL Public Hearing Commissioner Tuttle disclosed that on September Regarding 25, 1984 Mr. Chase asked Mr. Tuttle if he had Vacation of in his files some information that had been Easement for given him last June, which he had. The Philip Chase information was transmitted to County Counsel and (action item) is included in the record. This is the only contact Commissioner Tuttle has had with the applicant during that period of time. Commissioner Tuttle stated that he has not walked the property but knows where it is from being in that area on other occasions. Chair Prante disclosed that she has met with both Mr. Thompson and the Chases, but doesn't remember the exact date. Chair Prante stated that she has visited the property. Commissioner Young disclosed that he has been involved with this issue for approximatley 11 years. Commissioner Young stated that he knows the property and knows the people and has had contact for several yea,rs now. Dave Hoerning, County Engineer, read aloud the Engineer's Report of June 26, 1984. The report explained that on May 23, 1975, Deschutes County entered into an easement agreement with Mr. and Mrs. Phillip Chase. This agreement was made in consideration of a vacation of a public road, which was also owned by Mr. Chase. The agreement was made to provide access to the property lying southerly of the Chase property. At the time of OCTOBER 17, 1984 MEETING MINUTES - PAGE 8 VOL 57 FACE 446 the vacation agreement, the 40 acre parcel lying southerly was shown in the ownership of the State of Oregon. However, it has been recently determined that the ownership is under the Bureau of Land Management and is part of 160 acres owned by BLM. In 1982 Dwane Thompson filed for a way of necessity to his 40 acre parcel. He asked for access off an existing road that meandered through the property lying west of his parcel. After several hearings, the previous Board of Commissioners granted a right of way along the northerly line from the existing road to the Thompson property. Mr. Thompson found this route to be unsuitable due to its location and the steep terrain. Being on the northeasterly slope of the hill, the alignment would be shaded during the winter causing hardships as well as the the steep grade under winter conditions. Mr. Thompson began investigating other alternatives and found that the County had provided for the easement across the Chase property for future access to the public lands. Mr. Thompson then negotiated for right of way from BLM over their property to the point of access on the Chase property. Mr. Thompson contacted the County regarding the status of this easement and was told that it could be utilized if the conditions of the agreement were met. The County agreed to accept the offer of dedication outlined in the agreement of May 23, 1975 and so notified the BLM, the Chases and the Thompsons. Since that time, the Chases have asked that the easement agreement be nullified. Mr. Hoerning walked the alignment that was given by the previous Commissioners under the way of necessity to Duane Thompson and agrees that it is unsatisfactory for an access to his property. Mr. Hoerning said that he found Mr. Thompson has acquired a new right of way easement from his property to the Chase property for the purpose of serving a single family residence and he understands substantial work has been done by Mr. Thompson. It is the recommendation of the Public Works Department that the County should accept the offer of dedication and not nullify the Easement Agreement. Max Merrill, representing Mr. & Mrs. Chase, stated that their position is that Mr. Thompson's concern are outside of the scope of what is being dealt with today. Mr. Merrill said that this easement agreement was done for the purpose of making sure that a property of 40 acres, owned by the State of Oregon, had an alternate route. It has been 10 years now and that route has not been used and it has been established that BLM owns the property OCTOBER 17, 1984 MEETING MINUTES - PAGE 9 VOL i iA~v 447 rather than the State. Mr. Merrill said it is their position that the whole purpose of initiating that process 10 years ago was done on the mistake of both parties in executing that agreement, when they thought there was a necessity for it. It is Mr. Merrill's understanding that had the parties not believed that the State owned it and had to have access to that property, the easement agreement would never had been entered by either party. Therefore, it is their position that legally there is a situation where a mutual mistake was made by both parties. Mr. Merrrill said therefore, it is reasonable the agreement be rescinded and that the dedication not be sought and the rights under the agreement be annulled. Mr. Merrill said that events that have occured since that agreement are very significant. There has been no request to use that access in the ten years, so .they are looking at what necessity there really is.for that road. If the past ten years is any indication, there is certainly no need to get to that BLM property through the Chase property. Mr. Merrill stated that Mr. Thompson's problem of access does not relate to this issue. Mr. Thompson still has all of the remedies he had before, regardless of what the County does today; that being, if he continues with his appeal on the private way of necessity and wins that appeal a new route will be sought. Mr. Merrill continued that if the power that work under the statutes in finding alternate access determines that the Chase property would be the proper way to go, they would make that determination and the Chases can fight that battle at that time. Mr. Merrill stated that he does not think it would be proper for the County Commissioners to grant a public way or require the Chases to give a public way, when there is no need for it, to satisfy the requirements of one individual who has a need for a private way of necessity. Mr. Merrill said that he has spoken with BLM and understands that they have granted an easement that is contingent because it would not be useful upon the granting of this public easement. Mr.. Merrill continued that BLM's preference would be that it not be up through this area. Mr. Merrill stated that there are ways available, and, in fact, Mr. Thompson has been offered a way across Mr. Couch's property. Mr. Merrill stated that there are other areas that Mr. Thompson could use that are significantly shorter than the access he is seeking here. If the Commissioners are going to decide the issue today it is simply one of whether the County needs this road for the purpose that it was intended to provide when the agreement was OCTOBER 17, 1984 MEETING MINUTES - PAGE 10 ' VOL 57 PAGc 448 drawn. Mr. Merrill stated what Mr. Thompsons needs are a separate issue which he has another forum in which he would conduct that process. Mr. Merrill said that his issue is important to the Chases individually. If the County requires them to dedicate the easement as contained in the agreement it will be a public access. The Chases would prefer a way of necessity through their property to be a private way of necessity with a limited access. Mr. Merrill continued that the recommendation all along was that this be vacated and only since Mr. Thompson has indicated a wish that he have access was there was a real question involved with it. Mr. Merrill said that the County has consistently indicated that they do not have a real reason for having that roadway there and the Chases certainly do not want to have it there and feel that the recommendation from Public Works should be.allowed. Bob Lovlien, representing Duane Thompson, explained that the situation indicates that the statutory way of necessity has been ganted by the County, but is simply unuseable because of a 20 percent grade on the northern face of the slope that is supposed to provide access to the property. Mr. Thompson tried to find another way to get into his property. There are two other possible alternatives; one is to use another BLM approach, which was blocked by Mr. Chase and others. The other option is to use the existing public access that has been provided by the deed records and then use a BLM access, which has been approved. Mr. Lovlien stated that Mr. Thompson is at the end of his patience with this thing. Mr. Lovlien continued that if you look at the statues is clearly provides that you cannot vacate this easement if there would be any public benefit to it. There has been demonstrated that the Thompson property is land locked except for the statutory way of necessity and this would in itself be substantial reasons for the County to continue to ask for an easement. Mr. Lovlien stated that the County does not have the statutory authority to vacate this easement when it provides access to the Thompson property. Mr. Lovlien stated that they have no problem with limiting that access if the County has the authority to do that. Mr. Lovlien showed the Board a map of the property and all routes. Mr. Lovlien stated that Mr. Couch's property has just been foreclosed, leaving Mr. Couch with no interest in the property. There are only two available accesses of record, one the statutory way of necessity which is not a reasonable access and the second is the access OCTOBER 17, 1984 MEETING MINUTES - PAGE 11 VOL 57 FAG. 449 through the existing easement and the BLM access permit. Mr. Lovlien stated that Mr. Thompson only wants an access to this property. Mr. Thomspon has looked into all available routes. Morris Ziegler, BLM Area Manager, showed the Commissioners the routes they have looked at for access to the Thompson property. Mr. Ziegler stated that when they look at roads and accesses it is their job to look at damage of resource. Mr. Ziegler stated that the reason for not granting an access along the canal is because there is alredy an access along the other side. Chair Prante closed the hearing. MOTION: YOUNG moved that this easement not be vacated under the present circumstances. PRANTE: Second Commissioner Young stated that it appears to him that there has been a consertive efffort to keep Mr. Thompson off his property and until such time these people get together and give Mr. Thompson a reasonable access to this property he does not want to vacate that access. Commissioner Tuttle stated that he agrees with Commissioner Young with the exception that Mr. Thompson has not yet exhausted his remedies under his original way of necessity, which could have been appealed, and still has the option of appeal, or in the event this continuing offer of easement is vacated, a possible option is to begin a new way of necessity. Commissioner Tuttle said he would vote no on the motion because the easement is not in public use and has only a private benefit to a single land owner and that is only constructed because the continuing offer being there, not because there aren't other options available. VOTE: TUTTLE, no; YOUNG, yes; PRANTE yes. OCTOBER 17, 1984 MEETING MINUTES - PAGE 12 VOL 57 FACE 450 Cooperative Neil Hudson, Director of Public Works, explained Iprovement that this agreement is between Deschutes County and Agreement State Highway Division for improving the with State intersection of Highway 97 and 61st Street. Highway This is a high accident area. Mr. Hudson stated Division for that there are federal funds available for this Highway 97 project to straighten out this intersection. and 61st Street MOTION: TUTTLE moved to sign the Cooperative (action item) Improvement Agreement with the State Highway Department for the insection of Highway 97 and 61st Street. YOUNG: Second VOTE: UNANIMOUS APPROVAL Acceptance of Neil Hudson explained that this Declaration of Declaration Dedication is for an additional 10 feet of of Dedication right of way on Empire Boulevard. This strip for Empire is being dedicated along with a 30 foot strip for Boulevard public road purposes on the property being (action item) developed by Virginia and Jake Wolfe for the Myrmo Company. The 10 foot strip will allow widening of Empire Boulevard when the overpass is built to connect Highway 97 with Boyd Acres Road. Chair Prante entertained a motion to accept the Declaration of Dedication for Empire Boulevard. MOTION: TUTTLE so moved. YOUNG: Second VOTE: UNANIMOUS APPROVAL Order No. 84-269 and Petition to Designate a Newspaper for Publication of Personal Property Tax Warrants (action item) Order No. 84-050 and Order No. 84-054, Declaring the Necessity to Acquire Along Walker Road (action item) Chair Prante read aloud the title of the petition. Order No. 84-269 designates the Bulletin for publication of Notice of Issue of Warrants for the Collection of Delinquent Taxes on Personal Property. MOTION: YOUNG moved to adopt Order No. 84-269 designating the Bulletin for publication of personal propery tax warrants. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Neil Hudson explained that this is a piece of property needed to replace a bridge under the Federal Bridge Replacement Program. Mr. Hudson said that they had tried negotiating with the property owner but he would not return any phone calls. Mr. Hudson stated that the property has appraised, which is the first step in condeming the property. Mr. Hudson said that the condemnation is going to cost more than the property is worth. Mr. Hudson recommended OCTOBER 17, 1984 MEETING MINUTES - PAGE 13 VOL 57 r-Av-, 451 proceeding and adopting Order No. 84-050 and 84-054. MOTION: TUTTLE moved to adopt Order No. 84-050. YOUNG: Second VOTE: UNANIMOUS APPROVAL MOTION: TUTTLE moved to adopt Order No. 84-054 declaring the necessity to acquire property. YOUNG: Second VOTE: UNANIMOUS APPROVAL Second Reading MOTION: YOUNG moved for the second reading of and Possible the Ordinance by title only. Adoption of TUTTLE: Second Ordinance VOTE: UNANIMOUS APPROVAL No. 84-031 Naming an Chair Prante read the title of Ordinance No. 84-031 Area the for the second reading. Northside Industrial MOTION: TUTTLE moved to adopt Ordinance No. Area 84-031. (action item) YOUNG: Second VOTE: UNANIMOUS APPROVAL Application for Before the Board was an application for a a License as a Business License as a Wrecker of Motor Vehicles Wrecker of for Cliff's Repair and Auto Wrecker in LaPine. Motor Vehicles or a Salvage MOTION: YOUNG moved that the application for Pool Operator Cliff's Repair and Auto Wrecking be for Cliff's approved contingent upon planning Repair and approval. Auto Wrecking TUTTLE: Second (action item) VOTE: UNANIMOUS APPROVAL Joint Appli- Commissioner Young explained that the Board has cation Between instructed County Counsel to begin condemnation Deschutes proceedings on the one foot stip on Division County and Street, but the proceedings could not begin until Ray Springer there was a reason. Because of this, a Land for the Partition Application is being submitted to the Extension of City of Bend. Urania Ave. (action item) MOTION: YOUNG moved that the Chairman be allowed to sign the application to the City of Bend. TUTTLE: Second VOTE: UNANIMOUS APPROVAL OCTOBER 17, 1984 MEETING MINUTES - PAGE 14 Vol 57 PAVE 452 Possible Chair Prante explained that this order provides Adoption of for the transfer of cash for expenditures in the Order No. amount of $553,242 within various funds. 84-274, Transferring Chair Prante entertained a motion to adopt Order Cash No. 84-274. (action item) MOTION: YOUNG so moved. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Afton, Inc. Chair Prante entertained a motion to authorize the Software permanent Chairman to sign the Software License License Agreement between Deschutes County and Afton, Inc. Agreement (action item) MOTION: TUTTLE so moved. YOUNG: Second VOTE: UNANIMOUS APPROVAL Other Staff/ Richard Isham explained that the City Commission is Public Concerns going to consider some revised conditions of approval intended to settle two LUBA appeals regrading the Jack Fuls project. Mr. Isham continued that this agreement is intended to give some definite revised conditions of approvals for several issues. This approves the project and continues it to site plan review and adopts a landscape plan. MOTION: YOUNG moved to accept the agreement as presented by County Counsel and that he be authorized to sign off for the County. TUTTLE: Second VOTE: UNANIMOUS APPROVAL The Board recessed and reconvened at 1:30 this date to meet with Department Heads. DESCHUTES COUNTY BOARD OF COMMISSIONERS Albert A. Young Chai an ILoi stow Prante,-Commissioner Laurence A. fiuttl6, Commissioner BOCC:ae OCTOBER 17, 1984 MEETING MINUTES - PAGE 15