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1989-13295-Minutes for Meeting May 31,1989 Recorded 6/6/198989-13295 0095 1658 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS May 31, 1989 Chair Prante called the meeting to order at 9:03 a.m. Board members in attendance were Dick Maudlin, Lois Bristow Prante, and Tom Throop. Also Present were Karen Green, Assistant Legal Counsel, Dave Hoerning, County Engineer; Dennis Maloney, Juvenile Department; Mike Maier, County Administrator; Darrell Davidson, Sheriff. 1. PAULINA LAKE ROAD STIPULATION AGREEMENT Before the Board was signature of the Stipulation Agreement with the U.S. Forest Service concerning Paulina-East Lake Road construction which crosses lands administered by the Forest Service. Dave Hoerning stated the project was going out to bid and that construction should begin in July. THROOP: I'll move approval of the stipulation agreement. MAUDLIN: Second VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. AMENDMENT #21 OF '87-89 INTERGOVERNMENTAL CONTRACT This item was postponed for one week. 3. STF APPLICATION TO THE STATE OF OREGON Before the Board was chair signature of the 1989 Application to the State of Oregon concerning the Special Transportation Fund for the Elderly & Handicapped. THROOP : I'll move approval. MAUDLIN: Second. VOTE: PRANTE: YES THROOP : YES MAUDLIN: YES a 4. SALE OF INDUSTRIAL PROPERTY TO ARLAND KEETON Before the Board was consideration of the sale of the County- owned Redmond Ready-Mix plant. It was appraised at approximately $60,000 and the offer was $51,000 which was more PAGE 1 BOARD MINUTES: 5/31/89 , KEYPUNCHED JUN 7 1989 0095 1659 than 80% of the appraised value. Legal counsel recommended the Board accept the offer. MAUDLIN: I move acceptance of offer for industrial property to Arland Keeton. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 5. AFFIRMATION OF LEASES WITH DENCO, INC., TRUSTEES IN THE BANKRUPTCY FOR KBND AND KLRR Before the Board was signature of Affirmation and Reentry of Lease Agreements with Denco, Inc. since they are the trustees in the KBND and KLRR bankruptcy. MAUDLIN: I move affirmation of leases. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 6. MJP-89-1 AND ACCEPTANCE OF DEDICATION Before the Board was signature of MJP-89-1 and acceptance of Declaration of Dedication from Richard and Mary Forrester, W.A. and Fay Van Hise, Celeste Demele, and Pacific First Federal Savings and Loan for road and utility purposes. PRANTE: Entertain a motion. MAUDLIN: So moved. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 7. MP-88-52 FOR THE OREGON STATE HIGHWAY DIVISION Before the Board was signature of MP-88-52, a minor land partition for the Oregon State Highway Division. MAUDLIN: I move signature of Minor Partition 88-52. THROOP: Second the motion PAGE 2 BOARD MINUTES: 5/31/89 0095 1660 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 8. ORDER 89-034, REFUNDING TAXES Before the Board was signature of Order 89-034, authorizing the refund of taxes in the amount of $834.46. MAUDLIN: I would move signature of Order 89-034 subject to review. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 9. OREGON PACIFIC INDUSTRIES REVOLVING LOAD FUND APPLICATION Postponed to a later date. 10. WEEKLY WARRANT VOUCHERS Before the Board was approval of the weekly bills in the amount of $246,376.02. MAUDLIN: I move signature of weekly warrant vouchers subject to approval. THROOP: I'll second the motion, subject to review. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. OFFER TO PURCHASE CREST RIDGE SUBDIVISION Before the Board was an offer on the Crest Ridge Subdivision presented by Dan Burgess of Mayfield Realty in Redmond in the amount of $300,000. Karen Green recommended that the offer be refused. She felt that it could not be legally accepted because the County was required to sell the parcel for a minimum price of 80% of the appraised value which was $334,000. Also she felt that in order to sell for less than the advertised price, the Board would have to request a re- appraisal and the appraisal would have to be lower. MAUDLIN: I move rejection of this offer and that we meet on this thing within the next two weeks to decide if we can do it another way. THROOP: I'll second the motion. PAGE 3 BOARD MINUTES: 5/31/89 0095 1661 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 12. HISTORIC PRESERVATION FUND AGREEMENT WITH STATE Before the Board was chair signature of the Historic Preservation Fund Grant Agreement with the State of Oregon. PRANTE: Entertain a motion to sign. MAUDLIN: So moved. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 13. CANYON CLUB OLCC APPLICATION Before the Board was chair signature of an OLCC Application for the Canyon Club in Redmond. MAUDLIN: Move chair signature. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 14. LEGISLATION CONCERNING WATER RIGHTS Bob Main, Watermaster for the Deschutes Basin, came before the Board to request their support of two bill currently before the Oregon Legislature. He said SB 156 was submitted by the Water Resources Department and requested authority for the Department to assess civil penalties for violations of the water laws. He said current violations were handled by the District Attorney's office which had created problems due to the high case load in the DA's office. He said this legislation would allow quicker enforcement of the violations. He said HB 3111, which was submitted by the Irrigation Districts from Central Oregon, would set up a filing, examining and certifying process for the identification of water rights. He said those records were currently very out of date. The Commissioners agreed to send letters in support of these bills. PAGE 4 BOARD MINUTES: 5/31/89 0095 1662 15. RIGHT OF WAY GRANT FROM BLM ON ST. CLAIR ROAD Before the Board was chair signature of Right-of-Way Grant from the Bureau of Land Management for Construction on St. Clair Road. PRANTE: I will entertain a motion to approve the right-of- way grant/temporary use permit. MAUDLIN: So moved. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Prante recessed the meeting until after the public hearing scheduled for 10:00 a.m. Chair Prante reconvened the meeting at 10:15 a.m. Board members present were Dick Maudlin, Lois Bristow Prante and Tom Throop. Also present were Karen Green, Associate Legal Counsel and Craig Smith, Planning Director. 16. ZONING OF TWIN BRIDGES SITE Before the Board was discussion and decision on whether to zone the Twin Bridges Site as Surface Mining (SM). THROOP: I would move to zone the entire site for surface mining, to restrict extraction to terraces two and four, to prohibit processing on site, and to make this approval subject to the following conditions: number one is the operating conditions proposed by Bend Aggregate as modified by the additional conditions that I want to site now, number one is the Planning Commission recommendations with one exception. In the Planning Commission recommendation, they recommended a condition that would retain water rights for 25 years. I don't think that's legally possible for us to do that and would like to change that condition to read, "as long as is necessary to reclaim the land." Next caveat amendment to the conditions proposed by Bend Aggregate is the Park Division scenic waterway permit requirements that we have in writing here and would like to make part of the record. I also want to make the Planning Commission motion and decision a part of the record as well with that one change on the retention of water rights. And then thirdly, PAGE 5 BOARD MINUTES: 5/31/89 0095 1663 to have the conditions reflect the agreement between Bend Aggregate and the Conservation and Homeowners groups, and that agreement is dated May 10, 1989, and is signed by Jim Curl, President of the Bend Aggregate and Paving Company; Eric Schulz, Coalition for the Deschutes; Larkelyn Keener, Save the Canyon Committee; Bill Marlett, Trout Unlimited; Mike Ogle, Central Oregon Fly Fishers; and then lastly, to have Counsel prepare findings to support these recommendations, conditions, decisions. MAUDLIN: I'll second the motion for discussion. Commissioner Throop commmented that all parties involved in forming the agreement had considerable trepidation about the agreement, but they felt that short-term sacrifices were necessary in order to gain some long-term benefits, which were to keep the canyon from being developed at any point in the future and to provide for public access on both sides of the river. He said the agreement provided for public access easements, conservation easementments of 100 ft. along both sides of the river, and restrictions on the remainder of the valley to agricultural or recreational uses. Commissioner Throop also submitted four letters in support of the motion from Larkelyn Keener representing Save the Canyon Committee; Eric Schulz, chair for the Coalition for the Deschutes; Bill Marlett representing the Deschutes River Chapter of Trout Unlimited; and Mike Ogle, the conservation director of the Central Oregon Fly Fishers. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS Lois B i tow Prante, Chair To T roop, Commissioner I I k'.11 2~~- ck Maudlin, Commissioner BOCC:alb PAGE 6 BOARD MINUTES: 5/31/89