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1992-16974-Minutes for Meeting May 13,1992 Recorded 5/21/199292-16974 0118-6650 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS q;' ? Z= 26 May 13, 1992 {^� L C# ( V. kd a" .l j ('; Chairman Maudlin called the meeting to order at 10 a.m. B(j4t Y CLERK members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Bruce White, Assistant Legal Counsel; Brad Chalfant, Property Manager; Roger Everett, Environmental Health Director; Dave Leslie, Planner; Karen Green, Community Development Director; and Jerie Schutte, Building Services Manager. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, chair signature of Health Department Grants from Oregon State Health Division for FY -92-93; #2, signature of Intergovernmental Agreement from DHR for Technical Services; and #3, signature of MP -92-4 creating two half acre parcels in the LaPine Rural Service Center Zone. SCHLANGEN: Move approval of consent agenda items 1-3. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. CONTINUED PUBLIC HEARING ON ORDER 92-028 FORMING VISTA DEL SOL/EASTMONT ESTATES FIREARMS DISTRICT Chairman Maudlin reopened the public hearing. Bruce White said the hearing was held open to allow time to get a consent from an individual land owner (TL 400), and it arrived in the mail on Monday. Therefore there was 100% consent from the individual lot owners outside of the subdivisions. The City Commissioners had given their consent at their meeting the previous week. He also asked to place in the record the September 19, 1991 letter from Lynn Thomas to the Board of County Commissioners which initially brought the problem before the Board. Chairman Maudlin closed the public hearing. MAUDLIN: I would entertain a motion for Order 92-028. SCHLANGEN: So moved. J I QOr�Fr THROOP: I'll second the motion. if PAGE 1 MINUTES: 5-13-92' clip • a Y., VOTE: THROOP : YES 0118-0651 SCHLANGEN: YES MAUDLIN: YES 3. PUBLIC HEARING: ORDER 92-042 TRANSFER OF COUNTY PROPERTY TO THE CITY OF REDMOND Before the Board was a public hearing concerning the transfer of Deschutes County property located immediately south of the Redmond Airport to the City of Redmond to be used exclusively for public purposes. Brad Chalfant said this transfer would total 150 acres. He said that once the partition on the fairgrounds property was completed, this property could be transferred to the City. Chairman Maudlin opened the public hearing. Ed Fitch, representing the City of Redmond, thanked the County for their cooperation and participation and assistance in this project. He said this transfer would assist the City of Redmond in the construction of the airport terminal and the relocation of several businesses into the Redmond Industrial Park. It would also assure the City of some land for future airport development. Chairman Maudlin said he had received one phone call concerning this transfer from a business developer in the Redmond area who was concerned that the City of Redmond was doing was in competition with private enterprise. Chairman Maudlin had suggested that he attend this hearing or at the least call the Redmond City Manager. Mr. Fitch said that surprised him, because he felt this transfer would facilitate private development in Redmond by allowing the City to sell property to private businesses so they could relocate their industry and create jobs in Redmond. Chairman Maudlin said he had the impression that this individual owned some industrial property which he was trying to develop. Mr. Fitch said the City had talked with private business people there and worked with them on infrastructure and expansion and encouraged them to develop their property as well. He said the biggest beneficiary of the First Street development would be the Redmond Industrial Park which was 40 acres of privately owned lands. Chairman Maudlin closed the public hearing. SCHLANGEN: I move signature of Order 92-042. MAUDLIN: We also need to authorize staff to do a lot line adjustment and prepare the deed. PAGE 2 MINUTES: 5-13-92 4. SCHLANGEN: I will add that. 0118-0652 THROOP: I'll second the motion plus the friendly amendment. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES REQUEST FOR WAIVER OF SITE EVALUATION FEE Before the Board was a request from Kevin Dyer, Ponderosa Realty, for a waiver of a septic system site evaluation fee because of a County error. The property in question was at 68963 Graham Ct., Sisters, in Crossroads Subdivision, 1st addition (lot 44). Chairman Maudlin said the person who purchased this property was told by the Community Development Department that there had already been a septic site evaluation on the property and that it had been approved. There was a sale pending on the property which required at site evaluation, and they were now told they had to pay for a site evaluation. Chairman Maudlin gave Roger Everett, Environmental Health Director, and Karen Green, Community Development Director, a copy of the 1989 approval Mr. Dyer had given him. Roger Everett said the approval was partially correct. He said all subdivisions which were developed and approved prior to 1974 were approved by the Health Division. DEQ took over in 1974, and declared that all property which had been approved prior to them taking over, would need to be developed by 1980 or the owner would have to pay for another site evaluation. Significant mailings were sent to all property owners in the County notifying them of this DEQ rule. The original Crossroads subdivision, Crossroads 1st Addition, and Crossroads 2nd Addition were developed and approved prior to 1974. There may have been some confusion since Crossroads 3rd Addition was developed after 1974 and, therefore, did have a DEQ approval. The County was required to do new site evaluations on the Crossroads, 1st and 2nd additions as if they had never been evaluated, and there was a charge for that evaluation. On the 3rd addition, they did an F-2 evaluation (reevaluation procedure) because they did not have accurate field notes, however there was no charge for this reevaluation. The regular site evaluation work would have to be done on the lot in question. Chairman Maudlin asked if there had been any other property owners who had come forward indicating they had been given this same erroneous information. Roger Everett said there had not been. Chairman Maudlin suggested waiving the fee on this site evaluation, and then notifying the property owners in the PAGE 3 MINUTES: 5-13-92 011.8-0653 Crossroads Subdivisions that they would be required to pay for a site evaluation should they wish to develop their property. Karen Green assumed that this was just an error on the part of CDD and expressed concern that the Board would be setting a precedent that every time the public felt that CDD had made an error, even verbally, it would be appealed to the Board. Chairman Maudlin said the Board had not taken action on complaints from the public when they said they were only "told" something incorrect by Community Development. However, in this case, the notification was in writing, and he felt that made a difference. Karen Green said they would be able to get notice to the owners of record in the Crossroads Subdivisions and the realtors. Karen Green mentioned to the Board that this was another situation pointing to her concern over how accurate their information on subdivisions was. She had wanted to contract with a sanitarian/soil scientist to go back and do the work which the County had not done on these subdivisions, so they could update and make sure their books were accurate. However, they had not had the funds which she estimated at $20,000-$25,000. Her argument against the fee waiver was that CDD needed to cover their costs, and the only way they could do that was through fees. Her argument in favor was that the property owners did not anticipate these costs, because they were told by the County that they had an approved evaluation. Commissioner Throop expressed concern about setting a precedent by waiving this fee. Chairman Maudlin said he didn't know of any other situation where the County had given a letter stating that they didn't have to pay a fee. Roger Everett said there were other rare situations where that had happened, however the property owners seldom appealed to the Board since they knew the work had to be done, and they were willing to pay for it. Commissioner Throop said that if this parcel was sold based upon the information the County provided, it was a unique situation. THROOP: I'll move the fee waiver and the letters to the lots involved. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 5. TAX REFUND ORDERS 92-044 AND 92-045 Before the Board was signature of Order 92-044 authorizing the refund of $500.32 in taxes pursuant to Board of Equalization PAGE 4 MINUTES: 5-13-92 6. 7. 0118-0654 orders; and Order 92-045 authorizing the refund of $12,841.74 from the unsegregated tax account and $21.18 from the County Assessment and Taxation Fund. THROOP: I'll move signature of the tax refund Order 92-044 and 92-045. SCHLANGEN: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES ACCOUNTS PAYABLE VOUCHERS AND TAX REFUNDS Before the Board was approval of accounts payable vouchers in the amount of $230,573.56 and tax overpayment refunds from the unsegregated account in the amount of $219.63. SCHLANGEN: Move approval upon review. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PERSONAL SERVICES CONTRACT WITH RICHARD LYLE Before the Board was signature of a Personal Services Contract with Richard L. Lyle, M.S. who would provide polygraph examinations for the County at the rate of $100 per exam and a maximum limit of $3,000 for the term of the contract. SCHLANGEN: Move signature of Personal Services Contract. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CSD CONTRACT AMENDMENT #1 Before the Board was Chair signature of Amendment #1 to the Intergovernmental Agreement with the Childrens Services Division (1-1485 B 15319). The Childrens Services Division would pay to the County "an amount not to exceed $950 at the rate of $95 per day for 24-hour detention services." THROOP: I'll move signature. PAGE 5 MINUTES: 5-13-92 9. 0118-0655 SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES RESOLUTION 92-038 DECLARING SURPLUS PROPERTY Before the Board was signature of Resolution 92-038 declaring six AT&T 2500 telephone sets as County surplus property and donating the equipment to the Sisters Rural Fire Protection District. Jerie Schutte said the telephones would be used for the Sisters Command Center. The telephones had all been replaced by updated telephones, and were no longer needed by the County. THROOP: I'll move the declaration. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. FINDINGS AND DECISION ON KLIPPEL APPEAL This item was postponed until the Board's work session on Monday, May 18, at 10 a.m. 11. REAPPOINTMENT OF RHOMIE THOMPSON TO BUILDING CODES BOARD OF APPEALS SCHLANGEN: Move reappointment. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 12. MP -90-54 IN ALFALFA Before the Board was signature of MP -90-54 dividing a 160 -acre parcel into one 80 -acre and two 40 -acre parcels in an EFU-40 zone on Horsell Road in the Alfalfa area. THROOP: I'll move signature. SCHLANGEN: Second. PAGE 6 MINUTES: 5-13-92 0118-0656 VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 13. HEARING DATE OF LIQUID ASPHALT BIDDERS Bruce White said the board had received correspondence from a attorney for Morgan Emultech, an asphalt supplier from Medford, objecting to the Board's rejection of all liquid asphalt bids. Legal Counsel advised setting a hearing to listen to the bidders' concerns. The Board agreed to hold a hearing on Wednesday, May 20, 1992, at 11:00 a.m. in Room A of the Juvenile Justice Center. MAUDLIN: I would entertain a motion for signature of notice of hearing scheduled for 11 a.m. a week from today. SCHLANGEN: So moved. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 14. DECISION ON BIGLOR APPEAL Before the Board was a decision on an appeal of the Hearings Officer's approval of a conditional use for nonfarm dwellings on two 20 -acre parcels created by dividing a 270 -acre parcel in an EFU zone adjacent to Byram Road, Bear Creek Road and Highway 20 east of Bend. The property in question was owned by the County. Chairman Maudlin said he had originally voted in opposition to the transfer of property from the County to the Park District however, he was going to support the Hearings officer's decision because the application was to create 20 -acre parcels in a area which had already been divided into smaller parcels. Commissioner Throop said he was also going to support the Hearings Officer's decision. He felt strongly that parks and open space were an integral part of the quality of life in Deschutes County, and that the County needed to do everything it could to create new opportunities for park expansion and development. The Bend Metro Park and Recreation District was trying to bring together a major regional park and open space opportunity to provide for future generations. He felt this was an extremely good opportunity for the southeast part of Bend, since the proposed Eastgate Park would contain about 900 acres and would be of tremendous benefit to the community. This application was necessary to enable that park vision to PAGE 7 MINUTES: 5-13-92 0118-065'7 be put together. He felt the public benefits far outweighed any negatives in the local area surround this parcel. The County was not in the business of maintaining lands for open space purposes. Therefore, this proposal was far better for the people of this community than the alternative, since the property would probably be sold and taken out of public ownership. He hoped that the County could hold onto the remaining 230 acres for possible park use in the future. Commissioner Schlangen said she also supported the Hearings Officer's decision. She felt the conditional use would not alter the overall land use pattern of the area. Within a half mile of this parcel, there were 86 tax lots and very few were on farm deferral. It was 77% residential. There was no water on the subject parcel. There was an easement which would be available for the neighbors to use to connect with the remaining 230 -acre County parcel. She felt it was very important to block up land for future parks. MAUDLIN: I would entertain a motion for denial of the appeal and uphold the Hearings Officer's approval and instruct staff to write findings on the decision. THROOP: I'll make the motion. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DATED this day of d , 1992, by the Board of Commissioners of'] eschutes County, joreqo. AT T: Recording Secretary PAGE 8 MINUTES: 5-13-92 4.. 011-068 Uj Community Development Department 01 A"& AAA -< Administration Bldg./ 1130 N.W. Harriman/Bend. Oregon 97701 MEMO (503) 388-6575 CONCERNING FEASIBILITY ON — - — - — Planning Division Building Safety Division SUBDIVISION .a-7` n tal alt isi n hcn�► � , �.� / cam? �� e-� LOT - BLOCK THIS DEPARTMENT STIPULATES THAT AS A RESULT OF THE STUDY LISTED BELOW: FEASIBILITY #r_ DATE BLANKET FEASIBILITY_. c , ag-� 3 THE SEPTIC SYSTEM APPROVED IS: STANDARD SYSTEM CAPPING FILL Y SAND FILTER OTHER DENIED RESERVE SYSTEM IS APPROVED AS: STANDARD SYSTEM CAPPING FILL SAND FILTER OTHER DENIED S' C16 3 (s - n 7r). TANK SIZE IS APPROVED AS GALLONS, WITH LINEAR FEET OF DRAINLINE. COMMENTS: SIGIIED ATE