1999-899-Minutes for Meeting June 09,1999 Recorded 8/12/1999VOL: CJ1999 PAGE: 899
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-899 * Vol -Page Printed: 08/19/1999 10:16:23
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Aug. 12, 1999; 9:46 a.m.
Regular Meeting
(CJ)
NUMBER OF PAGES: 11
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
rLiJ iY,99L
MINUTES
10 A.M., Wednesday, June 9, 1
99 AUG 12 AM 9= 46
v 'rt OLLOW
COUNTY CLERK
Chair Tom DeWolf called the Board of County Commissioners meeting to order at
10:02 A.M. County Commissioners present were Tom DeWolf and Dennis Luke.
Also present was Tom Blust, Road Department Director; George Kolb, County
Engineer; Roger Olson, Road Department; Bruce White, Assistant County Counsel;
Susan Mayea, Management Analyst; Frank Moore, Human Services Director; Roger
Kryzanek, Human Service Alcohol and Drug Manager; Mark Amberg, Assistant
County Counsel; Steve Jorgensen, Planner; Timm Schimke, Solid Waste Director;
George Read, Community Development Director; Tom Anderson, Management
Analyst; Roger Everett, Environmental Health Manager; Kevin Harrison, Planner;
and Heidi Kennedy, Planner.
1. CITIZEN INPUT - None
2. PRESENTATION OF SKIP PRANTE ALCOHOL AND DRUG ABUSE
PREVENTION AWARD
Before the Board was presentation of the Skip Prante Alcohol and Drug Abuse
Prevention Award.
Roger Kryzanek reported these were awards to members of the community.
The name of award was named after Rayburn Prante who served on the
committee. He presented the award to Providence Health Plan. They sponsor
a program "Safe Passages for Families". The series covers a wide range of
topics from anger management to "love and logic". Jeff Cosmore was present
to accept the award on behalf of the Providence Health Plan group.
3. PRESENTATION OF THE ANNUAL DESCHUTES COUNTY BICYCLE
PEDESTRIAN ADVISORY COMMITTEE "BIG COG" AWARDS
Before the Board was the presentation of the Annual Deschutes County
Bicycle Pedestrian Advisory Committee "Big Cog" Awards.
MINUTES Page 1 of 11 JUNE 9, 1999
Deborah Hogan presented the 'Big Cog" awards. Business Category was
awarded to Rising Star Futons. Organizational Category award went to Bend
Metro Park & Recreation District. Individual community member award went
to Reed Seastrand. Public Servant category was awarded to Dick Johnson.
4. PUBLIC HEARING ON APPEAL A-99-3 OF HEARINGS OFFICER'S
DENIAL OF A CONDITIONAL USE PERMIT CU -98-120 FOR A NON-
FARM DWELLING FOR LEO EDWARDS
Before the Board was a public hearing on Appeal A-99-3 of Hearings Officer's
denial of a Conditional Use Permit CU -98-120 for a non-farm dwelling for Leo
Edwards.
Bruce White stated the hearing was de novo but limited to consideration of two
criteria under the non-farm dwelling standards.
Kevin Harrison stated those standards were from section 18.16.050 sub G, sub
1, a, ii, iii. He reported these standards reflect Oregon Administrative Rules
found in Chapter 660 Division 33.
Kevin reported this issue was heard by the Hearings Office on February 23,
1999. The Hearings Officer denied this request for a conditional use permit for
a non-farm dwelling in the EFU Zone. He stated the applicant filed the appeal
on April 26, 1999.
Kevin Harrison reported this property was located at 5755 S. W. Obsidian and
identified on the Assessor's map 15123, Tax Lot #1402. The property was
19.87 -acres and there were 19.1 -acres of irrigation water rights associated with
it. The property was generally level, the perimeter was fenced, it had been
cleared and had historically been used for pasture. The proposal was to site a
home in the southwest corner of the property. He reported there was
approximately .7 of an acre that was not irrigated.
Kevin stated that in order for the property to be approved for a non-farm
dwelling, the County would need to find that the subject property or the
proposed home site consisted of land that was generally unsuitable for the
NIlNUTES Page 2 of 11 JUNE 9, 1999
production of farm crops or livestock. He reported that by Administrative Rule
and ordinance, a lot or parcel was presumed to be suitable if it was composed
primarily of Class 1-6 soils. Kevin reported that the entire parcel consisted of
Class 6 or better soils. He stated the proposed homesite consisted of Class 6
soils even without the irrigation. Kevin stated the other standard to be looked
at was the stability test. He stated the stability standard required to County to
look at a number of components.
Kevin Harrison reviewed the Hearings Officer's decision with the County
Commissioners.
Bob Lovlien, attorney for the applicant, reported this issue had created
problems for the staff. He felt it was difficult for the staff to determine the
stability of the area. The Hearings Officer determined that there were 26
potential non-farm dwellings which could be located within the 1 mile radius.
He stated the MUA-10 areas were outright uses to build dwellings. The
property would be worthless unless they could do something with it. He felt
it would not effect the parcels within 1 mile of this piece of property. He felt
the only way this property would be productive was if someone lived there.
A.K. Major, Land Resource Development, provided photos of the unirrigated
.77 acres in the southwest corner. Mr. Maj ors reviewed the report he submitted
to the Board. He stated there was a 60% rock cover. He stated the rocks on
this parcel were embedded and had not been moved to this location. He stated
there was a very large rock content.
Commissioner Luke asked about the rocks regarding a septic system. Mr.
Majors stated the septic system drain field could go out into the pasture. Mr.
Majors stated the site remains unsuitable.
Bob Lovlien felt the photographs spoke for themselves. He quoted from the
Hearings Officer's decision. He felt this area was one of the heaviest
parcelized in an EFU zone of which he was aware.
Chair Tom DeWolf opened the public hearing.
MINUTES Page 3 of 11 JUNE 9, 1999
Ron Davis, Associate Broker with Professional Realty Group, testified. He
stated he lived on a piece of property similar to the one in question today. He
stated that if the piece of property had a few more acres it would qualify for a
farm dwelling and they would not have to apply for a nonfarm dwelling. He
felt there were a lot of mini -farms. He stated the piece of property was of no
benefit to anyone the way it was now. If a home was built on this property, the
economic impact would be to build a fence, a barn, etc. which would be of
economic benefit. He could not think of anything in this vicinity where
farmers purchase more property to make a living on these farms.
Bruce White stated there were discussions regarding the kinds of farms in the
area.
Bob Lovlien stated he did not know where the Board was heading. He stated
that if the Board was inclined to look at it differently than the hearings officer,
we could leave the record open to take a look at the area.
Tom DeWolf stated he was inclined to leave the record open.
Bruce White stated the stability of the land needed to be addressed. He felt the
Board needed to take a look at the existing types of farms.
Commissioner Luke state he would like to go out to take a look at the area.
Bob Lovlien stated they would waive the time period to allow the
Commissioners time to go out to look at the property.
Chair DeWolf continued the public hearing, leaving the record open to a date
to be determined.
5. PUBLIC HEARING ON THE PROPOSED FEE SCHEDULE FOR FISCAL
YEAR 1999-2000
Before the Board was a public hearing on the proposed Fee Schedule for the
Fiscal year 1999-2000.
MINUTES Page 4 of 11 JUNE 9, 1999
Susan Mayea reported there were a couple of changes in the Community
Development Department fee schedule. Tom Anderson reviewed the changes
with the Board.
Chair Tom DeWolf opened the public hearing.
Pam Watkins, representing Central Oregon Builders Association, testified in
support of the fee schedule. She stated this was the first time ever that there
were no building permit fee increases. She thanked the Community
Development Department people for the services they provided.
There being no further testimony, the public hearing was closed.
The formal adoption of the Fee Schedule would take place on June 30, 1999.
6. PUBLIC HEARINGREOPENINGHEARING FOR ORAL TESTIMONY ON
BEND METRO PARK & RECREATION LAND EXCHANGE TO
RECONSIDER DECISION AND CONSIDER ORDER NO. 99-102.
AUTHORIZING THE EXCHANGE AND EXCHANGE AGREEMENT
Before the Board was a public hearing reopening the hearing for oral testimony
on the Bend Metro Park & Recreation land exchange to reconsider the decision
and Order No. 99-102, authorizing the exchange and exchange agreement.
Rick Isham reported there was a hearing before the Board of County
Commissioners on May 26, 1999. He stated there was a mistake regarding
accepting oral testimony. Rick Isham reported notice was given on June 2,
1999 which announced the hearing would be reopened to accept oral testimony
only.
Chair Tom DeWolf reopened the public hearing.
John Calkins testified. He felt this whole process had numerous mistakes. He
felt there were mistakes in the appraisals. He stated O.J. Merrill was not
allowed to speak at the last public hearing. John Calkins felt the review
appraisal was not appraised correctly. He felt this town was run by a handful
MINUTES Page 5 of 11 JUNE 9, 1999
of people and he objected to it. He wondered who contributed to the
Commissioner's campaigns.
Commissioner Dennis Luke objected to the testimony of John Calkins
regarding the campaign donations.
Larry Acuff, 61601 Gribling Road, testified. He stated he had a copy of the
reversionary deed. He asked if this clause was being removed from one piece
of property and put it on another.
Rick Isham stated the Board of County Commissioner were authorized to
transfer reversionary clauses from one piece of property to another. Rick
stated it was included in Oregon Revised Statutes Chapter 275.
Larry Acuff stated he had a copy of the Eastgate property reversionary clause.
He wondered what legal standing the Board of County Commissioners had to
take it off that property.
Commissioner Tom DeWolf stated the Board, with the advice of the County
attorney, was acting according the ORS and it was completely legal and
allowable.
Commissioner Luke pointed out that there were several reversionary clauses
in Deschutes County. He further explained how reversionary clauses worked.
Rick Isham stated that if the land ceased to be used for public purposes, and
holding property as open space was a public purpose, it would be a problem.
Vince Genna testified. He stated Eastgate had been earmarked for future
parks. His opinion was that these two pieces should not have been up for
grabs. He felt someone should look to the future and save open space.
Wendy Guyer testified. She requested records from the 1981 and 1982
transfers to park districts for public parks to be included in the record for this
hearing. She felt the original records from 1981 and 1982 were of significance
MINUTES Page 6 of 11 JUNE 9, 1999
regarding which lands were not transferable. She felt there were parcels in the
exchange that were never intended to be exchanged.
Nunzie Gould testified. She addressed the valuation of the log deck. She felt
assumptions of the property were inaccurate, such as lack of contamination,
property being free and clear of hazardous substances, whether soils were
suitable to foundations, etc. She felt signing offthe reversionary clause did not
bring the property back into County ownership. She questioned the statement
of properties being contiguous since they are connected by a bridge and there
is a huge river in between. She felt the County should have a soil evaluation
on the property. She felt the assumption of the properties being valued at the
same rates were questionable.
Keith Scott testified in support of this land exchange. He felt if the opportunity
for the land exchange was not taken at this time, it could be lost.
Scott Nichols, 420 N. W. Delaware, testified. He stated he did not think this
was an appropriate exchange. He stated he was not opposed to parks on the
river but Mr. Smith should provide a park rather than the park district
providing it.
Fran Franklin testified. She felt that there was no way of knowing the true
value of the land unless it was put up for bid.
There being no further testimony, the public hearing was closed. The decision
on this issue would be made on Thursday, June 10, 1999, at 10 a.m.
7. AWARDING OF CONTRACT FOR SUPPLYING AND HAULING OF
THREE SIZES OF CRUSHED ROCK FOR THREE SEPARATE
LOCATIONS TO THE LOW BIDDER FOR THE ROAD DEPARTMENT'S
CHIP SEAL PROGRAM
Before the Board was awarding of a contract for supplying and hauling of three
sizes of crushed rock for three separate location to the low bidder for the Road
Department's Chip Seal Program.
MINUTES Page 7 of 11 JUNE 9, 1999
Tom Blust reported they opened the bids this morning for crushed rock. There
were two bidders. The low bid was in the amount of $163,500 by Hap Taylor
& Sons.
LUKE: I would move that we award the contract to Hap Taylor.
DEWOLF: I'll second that.
VOTE: SWEARINGEN: EXCUSED
DEWOLF: YES
LUKE: YES
8. SIGNATURE OF COOPERATIVE IMPROVEMENT AGREEMENT
BETWEEN OREGONDEPARTMENTOF TRANSPORTATION GORDON
WANEK AND DESC1 UTES COUNTY
Before the Board was signature of a Cooperative Improvement Agreement
between Oregon Department ofTransportation,Gordon Wanek, and Deschutes
County.
Tom Blust reported this agreement was dealing with Gordon Wanek's truck
stop development at Wickiup Junction. Under Gordon Wanek's land use
permit he had a requirement to do work on the State Highway which included
a deceleration lane as well as a left turn lane. Tom stated this agreement
transfers some money from Gordon Wanek to Oregon Department of
Transportation to perform the construction work on the State Highway. The
County's obligation was give permission to ODOT to enter on to County road
right-of-way.
LUKE: So moved subject to review.
DEWOLF: Second.
VOTE: SWEARINGEN: EXCUSED
DEWOLF: YES
LUKE: YES
MINUTES Page 8 of 11 JUNE 9, 1999
9. CONSENT AGENDA:
Consent Agenda items before the Board of County Commissioners were: 1)
signature of Warranty Deed for right-of-way from William & Lavina Elrod for
the Deschutes Market Junction Project, Phase III; 2) signature of Resolution
No.99-038, initiating the vacation of the 1902 W. T. Davenport Road,
accepting Engineer's Report and signature of Order No. 99-097, vacating
Davenport Road; 3) signature of Resolution No. 99-039, establishing Fiscal
Year 1999-2000 disposal fee waiver amounts granted to non-profit groups; 4)
signature of Indemnity Agreement for the Cascade Cycling Classic to be held
July 14-18, 1999; 5) signature of Order No. 99-100, assigning the name of El
Dorado Trail to an unnamed access road; 6) signature of Resolution No. 99-
034, authorizing the borrowing of $1,400,000 by the Local Improvement
District Project Fund from the Insurance Fund and providing for repayment;
7) signature of Order No. 99-072, transferring cash among various fund of the
1998-99 Deschutes County Budget; 8) signature of Resolution No. 99-033,
transferring appropriations within various funds of the 1998-99 Deschutes
County Budget; and 9) approval of weekly accounts payable vouchers in the
amount of $301,152.01, subject to review.
LUKE: I would move approval of the consent agenda.
DEWOLF: Second.
VOTE: SWEARINGEN: EXCUSED
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY
SERVICE DISTRICT
MINUTES Page 9 of 11 JUNE 9, 1999
10.
11
APPROVAL OF THE WEEKLYACCOUNTS PAYABLE VOUCHERS FOR
4-H/EXTENSION SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts payable
vouchers for 4-H/Extension County Service District in the amount of $729.11.
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: SWEARINGEN: EXCUSED
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE
DISTRICT
APPROVAL OF WEEKLYACCOUNTS PAYABLE VOUCHERS FOR 9-1-1
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts payable
vouchers for 9-1-1 County Service District in the amount of $345.21.
LUKE: So moved, subject to review.
DEWOLF: Second.
VOTE: SWEARINGEN: EXCUSED
DEWOLF: YES
LUKE: YES
MINUTES Page l0 of 11 JUNE 9, 1999
DATED this 9th day of June, 1999 by the Deschutes County Board of
Commissioners.
,k-- A
Linda L. Swearingen, Chair
1
Tom DeWolf, Commissi er
ATTEST:
Recording Secretary
MINUTES Page 11 of 11 JUNE 9, 1999
0
R. Luke, Commissioner
