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1990-13076-Minutes for Meeting April 25,1990 Recorded 5/10/1990_S 101 ~ 0010 90-130'76) MINUTES r.„v e i °r DESCHUTES COUNTY BOARD OF COMMISSIONERS April 25, 1990 Chair Throop opened the meeting at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel; Dave Hoerning, County Engineer; and Karen Green, Community Development Director. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, chair signature of State of Oregon Grant Package for Funds to the County Health Department and Environmental Health; #2, signature of Indemnity Agreement with Central Oregon Park & Recreation District for 8th Annual Redmond Triathlon; #3, signature of Order 90-057 correcting name change Order 90-034; #4, signature of Final Plat for Sunray Meadows Subdivision; and #5, appointment of John Schubert to Deschutes County Bicycle Advisory Committee. PRANTE: Move consent agenda. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. ORDER 90-029 VACATING SE 9TH STREET Before the Board was a public hearing on the proposed vacation of SE 9th Street (formally Baer Road). Dave Hoerning reported that the County rebuilt Reed Market Road three years ago at which time they realigned SE 9th. In that process the County acquired some property between the railroad tracks and the road. The County wanted to vacate this old right-of-way in order to consolidate the property into one piece, and then put it up for sale. He said there was a telephone line within the right-of-way which was being moved to align with the new street. The power line easement was being retained since power would be needed for the property. He recommended approval of the vacation. Chair Throop opened the public hearing and asked for testimony. No one from the audience wished to testify, so Chair Throop closed the public hearing. PRANTE : I'll move vacation. VlCpFi~FNEG" PAGE 1 MINUTES: 4/25/90 1011 - 0 0 8 0 MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 3. RENEWAL PROCESS FOR AUTO DEALER'S CERTIFICATE Commissioner Prante explained that Mike Renzette had contacted her about the process for renewing his Auto Dealer's Certification. He had told her he never stored any vehicles in Bend, and that his business was operated by phone. She suggested he come and discuss it with the entire Board. Mike Renzette said he had had an automobile dealership/ brokerage firm in Bend for 11 years. He said by law he had to carry a dealer's license to do that. He said he was dealing with vehicles that were not display at this home or any other location in Bend or Deschutes County. He said none were in the County unless he purchased them or sold them to local dealers. He said they might be parked in detail shops or paint shops, but they were never just parked somewhere. He said there was a spot on the surety bond where the County had to approve the "location," but there was no "location" in his business. He said that people who did not want to go to a car lot and deal with a salesperson, contacted him and discussed what they would like to buy. Commissioner Prante asked Mr. Renzette where he put cars that he had purchased. He said he would call a convoy company, and it would be kept at the convoy company's car lot in the back row. Once a week, he had them picked up and moved to Seattle, or Portland, or wherever he had sold them. Karen Green said that Oregon Law required the Motor Vehicles Division to require a land use compatibility sign off on dealer applications and renewals. She said Mr. Renzette came in originally about four years ago to seek a sign off on his dealer's license, and indicated that he was only brokering and not storing or selling any cars at the location. He was asked to sign a notarized statement to that affect before the County would sign off. Mr. Renzette did not sign the statement, and the County did not sign off on his dealer's license, and has never signed off on his dealer's license. The Motor Vehicles Division, not withstanding the law, had renewed his license without any land use planning sign off. She said he came into the office the previous day and spoke with a Planning Technician. He indicated to her that he was there to do a renewal, and that as part of his business, he intended to store automobiles at a location in Deschutes County. The property where he wanted to store automobiles was zoned PAGE 2 MINUTES: 4/25/90 101 0081 commercial highway, and therefore car storage would be allowed with site plan approval. The Planning Tech then contacted the Planning Director to see if he had time to speak with Mr. Renzette. Since he did not, he requested that an appointment be made with Mr. Renzette to discuss his proposal and advise him on the process. Immediately after that, Mr. Renzette spoke with Commissioner Prante. She said they had received complaints over the years about a number of people selling vehicles at locations where it was not permitted, including Mr. Renzette. However there were no current complaints regarding Mr. Renzette. Commissioner Prante asked if Mr. Renzette was only brokering, could he sign a notarized statement to that affect, so that the County could sign off on his license. Karen Green said yes, but that if he intended to store vehicles on the site he indicated to the Planning Technician, he would have to submit a site plan for review and approval or modification by the County. She said the site did not have an address, and they only had a legal description. Commissioner Throop said that Mr. Renzette needed to make an appointment with the Planning Director as had been suggested originally by the Planning Technician. Mr. Renzette said the lot was on Badger Drive next to Jake's Truckstop and he understood there might be a problem. He said if he had to, he'd use that lot for storage. Commissioner Prante said if he intended to do that, he had to go through a site plan review. He was concerned about the uncertainty of coming in each year and not knowing whether his license would be approved. Commissioner Maudlin said once the site plan was approved, he wouldn't have to do that again as long as the location remained the same. Commissioner Throop told him that if he did not like this procedure, he would have to try to change the state law since the County was charged with enforcing this state law. Mr. Renzette asked that the County try to stop or minimize the number of people selling cars in grocery store parking lots. Karen Green said the enforcement for that was a state inspector. Commissioner Maudlin said it was unconstitutional to pass an ordinance prohibiting people from selling vehicles on private property. Commissioner Prante suggested that he not wait until the last minute before coming in to have his license renewed in the future. 4. ACCEPTANCE OF DEDICATION DEED Before the Board was signature of an Acceptance of Deed for property conveyed to Deschutes County by Kenneth and Betty Oakley to create a County road right-of-way. PAGE 3 MINUTES: 4/25/90 10'1 - 0002 PRANTE: I will move acceptance of Dedication Deed. MAUDLIN: I second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 5. IMPACT OF RECENT LUBA DECISION ON SURFACE MINING PROCESS A special meeting to discuss this issue was scheduled for Monday, April 30, 1990, at 1 p.m., after the Community Development staff had a conference call with staff from Department of Land Conservation and Development. 6. DEVELOPMENT AGREEMENT FOR THE MILLERS Before the Board was signature of a Development Agreement for the Millers. MAUDLIN: I move acceptance of the Development Agreement. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 7. ORDER 90-059 NAMING ROAD HEIDI LANE Before the Board was signature of Order 90-059 establishing the road name of Heidi Lane. PRANTE: Move signature of Order 90-059. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 8. APPROVAL TO EXPEND FUNDS FROM TAYLOR GRAZING FUND Before the Board was a request from the Taylor Grazing Advisory Board to authorize payment for a fencing project at the Miltenberger Ranch in LaPine to the low bidder which was Prineville Steel who bid $828.98. PRANTE: Move approval. MAUDLIN: Second. PAGE 4 MINUTES: 4/25/90 . 101 r 0083 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 9. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $235,000.13. PRANTE: Move approval upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 10. RESOLUTION 90-031 PROCLAIMING MAY AS MENTAL HEALTH MONTH Before the Board was signature of Resolution 90-031 proclaiming May as Mental Health month. PRANTE: Move approval. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. SUBDIVISION PLAT FOR KING COLE HOMES Before the Board was signature of a Subdivision Plat for King Cole Homes. PRANTE: Move approval. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 12. ORDER 90-058 REFUNDING TAXES Before the Board was Order 90-058 refunding taxes in the amount $37,027.60. One of the refunds was to D.M. Stevenson Ranch for $32,874.52. Rick Isham explained that the 1987 legislature had made changes in the farm assessment statute whereby it appeared that if the property owner used farm property for boarding horses for a profit, the farm assessment PAGE 5 MINUTES: 4/25/90 101 - 0084 penalty would be applied. The Stevenson Ranch paid penalties of $32,874.52. The opinion and order from the Stevenson Ranch case indicated that it was a two-part test: (1) boarding horses for a profit and (2) conversion of property to a use not suitable for farming. The hearings officer said there was nothing to show that the property was no longer suitable for farming, and therefore the tax penalty was assessed but deferred awaiting some subsequent event when the property would no longer be suitable for farming. He said there were about five major properties that would come in for refunds based upon this decision. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 13. ACCEPTANCE OF DEDICATION DEED Before the Board was signature Deed for property conveyed to Ashback for roadway purposes. PRANTE: Move signature. MAUDLIN: Second. VOTE: DESCHUTES i~ Lois Bris r Tom Throop PRANTE: YES THROOP: YES MAUDLIN: YES of Acceptance of Dedication the County by Gary and Bruce COUNTY BOARD OF COMMISSIONERS Prante, Commissioner Chair Did Maudlin, Commissioner BOCC:alb PAGE 6 MINUTES: 4/25/90