1990-32184-Minutes for Meeting September 26,1990 Recorded 10/23/1990L05 - 0714
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_...DESCHUTES COUNTY BOARD OF COMMISSIONERS
September 26, 1990
Chair Throop opened the meeting at 10:05 a.m. Board members in
attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante.
Also present were Rick Isham, County Legal Counsel; Mike Maier,
County Administrator; George Read, Planning Director; Dave Leslie,
Planner; Brad Chalfant, Property Manager; Nancy Kincaid, Planner;
and Bruce White, Assistant Legal Counsel.
1. CONSENT AGENDA
Before the Board were the following consent agenda items: #1,
signature of acceptance of Declaration of Dedication of
10-foot strip of land on Old Deschutes Road from the
Ericksons; #2, signature of Medical Waste Collection and
Disposal Agreement with Central Oregon Environmental Service;
#3, signature of Byrnes-Doyle Grazing Lease; #4, approval of
Amendment #18 to 1989-91 Mental Health Intergovernmental
Agreement; #5, signature of Order 90-131 establishing the CDD
Revenue Fund; #6, appointment of John Larkin to Deschutes
River Mitigation and Enhancement Committee; #7, signature of
acceptance of Declaration of Dedication from Fred Meyer; #8,
approval of application by All American Timber Company for
one-year lease option to purchase lots 4 & 5, Block 3 in the
LaPine Industrial Park; #9, signature of Resolution 90-093
approving the LaPine Fire Protection District burning
ordinance; #10, signature of Resolution 90-091 transferring
appropriations within various funds of the budget; #11,
signature of Order 90-135 transferring cash within various
funds of the budget; #12, chair signature of Comprehensive
Cooperative Agreement with Oregon Emergency Management
Division; #13, reappointment of Michael Mullens to Central
Oregon Regional Housing Authority; #14, signature of
subdivision plat for Awbrey Butte Homesites Phase 16 for
Wilsey and Ham Pacific; and #15, signature of MP-89-53
creating two 40-acre parcels on Stevens Canyon Road north of
Sisters.
PRANTE: Move consent agenda.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
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2. TAMARACK RESOURCE CENTER
Neil Bryant came before the Board to give an update on the
progress being made in putting together a package to purchase
the church facilities on 14th street for a youth services
campus. He said the Greater Bend Rotary Club had agreed to
donate $50,000 on a three-year commitment of $17,500 per year
from the proceeds from sales of high school athletic event
programs. The only contingency would be if the school
district withdrew this fund raiser from the Rotary Club. He
said the school district was fully committed to the project
and how the money would be applied. Also, $3,000 had been
donated so far without official requests being made. A fund
raising committee composed of Dennis Maloney and Sue Hollern
as co-chairs, Lois Bristow Prante, Sue Shepardson, Ann Van
Dusen and, hopefully, Joe Zimmerman. Their task would be to
raise another $150,000 and to raise $25,000 from the community
by December 15, 1990. He said they would be sending out
letters and making requests from several foundations. He had
received a letter of intent for financing from U.S. National
Bank with an interest rate of 7.85%. An interest-only payment
of $10,497 would fall due on April 1, 1991, and then a
principle and interest payment of $28,905 would fall due on
October 1991. There would be semi-annual payments thereafter.
He said he would still want to do some negotiating with the
bank. They would put together a master lease, and the groups
using the facility would sign a sublease to handle the income
and insurance from the property. They were also going to have
an environmental assessment done on the property. He would
be checking with the City of Bend to make sure that the
conditional use permit would cover the services that were
being considered for the campus.
Neil Bryant asked that the Commission indicate whether they
agreed with the direction being taken, and whether they would
be willing to help. He wanted to have an ernest money
proposal before the Board the following week since the Church
needed to sell the property as soon as possible.
Commissioner Prante questioned the U.S. Bank letter of intent
where it listed a "monthly" payment. Mr. Bryant said it
should have said "semi-annual" payment. Commissioner Prante
asked that he attempt to get the prepayment waived.
Associate Pastor Lonnie Kitchel at West Side Church said the
property had been informally appraised a year and half ago at
$325,000 without the office building. The Board did not
request an updated appraisal.
Commissioner Maudlin asked for an estimate of how much money
would be raised by April 1, of 1991. Mr. Bryant estimated
$150,000 which included the money from the Rotary but not the
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income from the rent. He wanted to raise approximately
$75,000 from foundations and the remainder from different
service club and community organizations. They would try and
get the remaining $140,000 the following year.
Commissioner Maudlin asked if rental income from the property
would be sufficient to pay the mortgage if $150,000 was the
total raised and the prepayment penalty was waived. Mr.
Bryant said the rents would be sufficient if they had to go
out and get a conventional 20-year mortgage. Commissioner
Maudlin asked whether the zoning for the property would allow
the types of services being considered. Mr. Bryant said a
conditional use application had been taken out with the City,
and they were clarifying with the City which services would
be covered. He said any services not covered by the permit
wouldn't be brought onto the facility until approval had been
given by the City.
Scott Mutchie, Superintendent of Bend-LaPine School District,
commented that they had been looking for an alternative
education plan for a long time. He said it was not until the
recent death of Rose Bareis that the community cooperation
escalated in this area. The School District was committed to
continue the program sales fund raiser with the Rotary Club
unless, due to budget restraints, the football program was
dropped. He said he would provide a letter to the Board of
Commissioners indicating the school district's commitment to
alternative education. A meeting had been set up with Mike
Maier to bring together the various agencies involved to look
at the specific funding aspects of the project. He said the
school district was excited to be an active, participating
partner in the project.
Commissioner Maudlin said the he felt the Board would be
willing to commit to the project dependent upon the final
figures coming back to the Board.
PRANTE: I will move that the county makes a commitment to
a lease option and front the ernest money agreement,
which will be returned from the fund raising,
contingent upon: a letter from the school district
and the Rotary, the zoning clarification from the
city, confirmation of the $10,000 as of April 1 and
$28,907 October 1 and semiannually thereafter, waive
the prepayment penalty, develop a master lease, and
have the environmental assessment, and that we move
as rapidly as possible.
MAUDLIN: I'll second the motion.
Rick Isham asked if the project were refinanced, who the owner
of the property would be? Commissioner Prante said that both
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J-J Boys Ranch and the Youth Foundation were possibilities.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
3. PUBLIC HEARING: ORDER 90-133 DIRECTING IMPROVEMENTS ON
PONDEROSA CASCADE LID
Before the Board was a public hearing concerning the Ponderosa
Cascade LID and Order 90-133 which would direct that the
improvements be made by contract. Dave Hoerning gave the
staff report indicating that July 18, 1990, the County
initiated the local improvement district. August 13, 1990,
the Engineer's report was made, and by order of August 22,
1990 a public hearing was set for September 26, 1990, to hear
the final remonstrances. He projected the total cost at
$257,046 for the entire LID which would be approximately
$3,570.08 per lot payable over 10 years with semiannual
payments at approximately 10%. There were 72 lots, and he
received 10 remonstrances and one notice returned for
insufficient address.
Chair Throop opened the public hearing for testimony.
Dale Mitchel said he had just moved to Ponderosa Cascade and
owned a couple of lots. He said these improvements were
welcomed, would be positive for the subdivision and, would
increase property values. He said it was a lot of money for
these improvements but felt it would be worth it in the long
run. He wanted to discuss with Dave Hoerning how he arrived
at these figures and was encouraged to do so.
Chair Throop closed the public hearing.
PRANTE: I would move signature of Order 90-133 directing
improvements and that the Order indicate ten
remonstrances were received.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
4. PUBLIC HEARING: COMPILED AND CODIFIED PL-11, URBAN GROWTH
BOUNDARY ZONING ORDINANCE
Before the Board was a public hearing on the compiled and
codified version of PL-11 the Urban Growth Boundary Zoning
Ordinance.
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Nancy Kincaid did not have any further report beyond what she
had submitted in writing.
Chair Throop opened the public hearing. There being no one
who wished to testify, the public hearing was closed.
Bruce White said he would be preparing the documents for final
adoption.
5. PUBLIC HEARING: REVIEWING MANUFACTURED HOUSING ORDINANCE
89-004
George Read said that Manufactured Housing Ordinance 89-004
contained a clause stating that no later than September 1990
the Board of Commissioners would review this ordinance and
hold a public hearing to determine whether the public need
existed to continue the ordinance. He recommend that the
public hearing be continued until October 10, 1990. He said
there had not been nearly the controversy expected after
implementation of this ordinance, however there were some
issues that the staff wanted to bring to the Board. Each
jurisdiction in the County had different definitions for
manufactured homes, mobile homes, and types of mobile homes
which was extremely confusing. He recommended that those
definitions be consolidated into one. He would be notifying
members of the manufactured housing industry that the public
hearing was being continued to October 10.
Commissioner Throop said the County was taking additional time
on this review since there were other efforts going on in
Deschutes County on the same topic, and it was to everyone's
advantage to merge those efforts into a single product.
Rick Isham asked George Read if the newspaper article he had
read was correct in indicating that only subdivisions which
did not have Covenants, Conditions, and Restrictions (CC&R's)
against mobile homes would be required to allow mobile homes.
George Read said the proposal which the Urban Area Planning
Commission recommended was taken verbatim out of the statute
and that language was in the statute. Rick Isham asked if
neighborhoods which did not have CC&Rs could come together and
adopt CC&Rs which would prohibit mobile homes? George Read
said he felt the statute was written in such a way that this
could be correct which would have a negative impact on what
the legislature had intended. He said the County was required
to zone 36% of the area within the Bend Urban Growth Boundary
for certain types of manufactured homes with regulations. The
Urban Area Planning Commission had a split 3-2 vote to allow
manufactured housing everywhere and therefore not single out
any particular neighborhood. But since most of the more
recent subdivision had CC&Rs, mobile homes would be focused
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105 - 0719
in areas which did not have CC&Rs or were created before
manufactured homes existed.
Chair Throop opened the public hearing. There being no one
who wished to testify, Chair Throop continued the public
hearing until October 10, 1990.
6. CONTINUED PUBLIC HEARING ON ORDINANCE 90-037 REZONING RESIDUAL
SURFACE MINING PARCELS
Before the Board was a continuation of a public hearing on
Ordinance 90-037 which would rezone parcels which had not been
zoned either Surface Mining or Surface Mining Reserve in 1979
and which had not been zoned for surface mining during the
recent surface mining zoning process.
Dave Leslie said they had only received comments from one
mining site operator, and he felt they were satisfied with the
recommendations contained in the Ordinance. If the ordinance
was approved by the Board, it would rezone approximately 200
parcels throughout the County to the various prevailing zones
consistent with the comprehensive plan. It would retain any
existing combining zones such as landscape management,
wildlife area, etc. He said they had received an indication
from DLCD that Deschutes County would be able to file a copy
of the Board's action with DLCD under the post acknowledgement
process.
Chair Throop opened the public hearing. There being no one
who wished to testify, the public hearing was closed.
PRANTE: I move first and second reading by title only.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Chair Throop performed the first and second readings of
ordinance 90-037 by title only.
PRANTE: Move adoption of the ordinance.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
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7. STEVEN GOLD'S APPLICATION TO PURCHASE LOTS IN THE LAPINE
INDUSTRIAL PARK
Before the Board was a request from Steven Gold for a lease/
purchase of Lot 1, Block 3 and Lot 11, Block 1 of the LaPine
Industrial Park. Brad Chalfant gave the Board Legal Counsel's
recommendation on conditions for a possible one year lease
with an option to purchase Lot 11, Block 1 and Lot 1, Block
3: (1) all rent during one year lease to apply toward
purchase price of $30,000; (2) monthly rent to be $250; (3)
down payment of 20%, finance at 9% over 10 years; (4) Note and
Trust Deed; (5) real property taxes to be paid by
Lessee/Purchaser; (6) Lessee/Purchaser to carry pollution
insurance naming County as additional insured during term of
lease and financing with extended reporting period (terms to
be negotiated); (7) road and cul-de-sac to be vacated to
common area; (8) lease must be entered into within 60 days,
and all contingencies and conditions as specified by the
applicant are achieved; and (9) water and electric at
Lessee/Purchaser's cost.
Steve Gold said he wanted to combine the two lots because he
wanted a building to go across what was now the property line.
His only concern with the conditions was the request for
pollution insurance. He felt he might have a difficult time
getting pollution insurance, but since the language said
"terms to be negotiated," he felt that something could be
worked out. He said when the cul-de-sac was taken out, he
would like to have the property line straighten. Rick Isham
said that was the County's intent also.
Brad Chalfant said he would take care of the negotiations with
Midstate Electric to obtain Lot 11, Block 1. Mr. Gold asked
if he would need permission to cross the common area with
underground lines to reach the railroad tracks. Mr. Isham
said it was part of the master development plan that the
common area could be crossed. Brad Chalfant pointed out that
this would be part of the site plan approval since it would
be a conditional use.
PRANTE: Move that we
stipulated.
proceed with this agreement as
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
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105 0721
8. PURCHASE OF INDUSTRIAL MULCH HAMMER MILL
Since Commissioner Maudlin had some concerns regarding how
much staffing would be needed to operate this equipment,
discussion was postponed until Wednesday, October 3 when the
Public Works Director could attend the meeting.
9. RESOLUTION 90-092 DECLARING INTENT TO TRANSFER PROPERTY TO
BEND METRO PARK & RECREATION DISTRICT FOR EASTSIDE PARK
Before the Board was Resolution 90-092 declaring the intention
to transfer County property on the corner of Ward and Gosney
to the Bend Metro Park & Recreation District for an Eastside
Park and setting a public hearing for October 24, 1990.
Brad Chalfant said this parcel was 120 acres which Bend Metro
Park and Recreation had requested for a future eastside park.
Commissioner Maudlin said he thought the proposed park area
was going to be brought together into one piece before the
property was transferred. He did not want to transfer
$300,000 worth of property when it was unknown whether the
rest of the land could be purchased.
Commissioner Throop said he would like to transfer the
property now because it would give the Park and Recreation
District a better ability to put together the other pieces.
He said the property owner in the middle of the area had
wanted to trade for this property, and if it were no longer
in County ownership, he would realize it was not going to be
for sale and would agree to sell his property. He felt this
was an opportunity to bring together property in this area for
a park before development started.
Brad Chalfant said the total proposed park would be
approximately 770 acres total which would be larger than
Shevlin Park. He said transferring the property would place
the park district in a much stronger bargaining position with
the surrounding property owners, because they would realize
the property was never going to be available for development.
PRANTE: I would move signature of Resolution 90-092.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: NO
AGENDA ITEMS 24, 26, 27 WERE POSTPONED ONE WEEK
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10. HI-TEK TRUSS REQUEST FOR REVOLVING LOAN FUNDS
PRANTE: Move approval subject to Mike Burton of COIC being
sure that all of the other things fall into line.
MAUDLIN: I would second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
11. WEEKLY WARRANT VOUCHERS
Before the Board were weekly bills in the amount of
$251,464.12.
PRANTE: Move approval upon review.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
12. EXPENDITURE OUT OF TAYLOR GRAZING FUND
Before the Board was a request from the Taylor Grazing
Advisory Board for authorization to expend $564 on a pit
reservoir project in the Buck Creek Flat allotment northeast
of Hampton. It was also requested that the payment go
directly to the BLM.
PRANTE: Move authorization.
MAUDLIN: I'd second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
13. OLCC RENEWAL APPLICATION FOR HANKS MEATS
PRANTE: Move chair signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
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05 0723
DESCHUTES COUNTY BOARD OF COMMISSIONERS
)is Br stow Prante, Commissioner
m (Thr o C ai
i and in, Commissioner
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