2000-3-Minutes for Meeting December 08,1999 Recorded 12/28/1999VOL: CJ2000 PAGE: 3
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-3 * Vol -Page Printed: 01/12/2000 11:16:14
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:
Dec. 28, 1999; 4:32 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 25
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEYPU CHEF
JA 2 2000
Z 1�a#)-3
MINUTES
DESCHUTES COUNTY BOARD OF COmimsmo-M32
Y SU,_- PENHOLLOW
Wednesday, December 8, 1�COUNTY CLERK
Chair Linda Swearingen called the Board of County Commissioners' meeting to
order at 10:00 a.m. County Commissioners present were Linda L. Swearingen,
Dennis Luke and Tom DeWolf. Also present were Jim Bonnarens, Property
Manager; Rick Isham and Bruce White, County Counsel; Bruce White, County
Counsel; Barbara Rich, Damian Syrnyk and Paul Blikstad, Community
Development; George Kolb and Tom Blust, Road Department; Timm Schimke,
Solid Waste Department; and Michael Maier, County Administrator. Also present
Ted Schassberger, Planning Commission; Barney Lerten, the Bulletin newspaper;
Bob Shotwell, KICE Radio; and numerous citizens.
Chair Swearingen opened the meeting at 10:00 a.m. The first item of business was
the presentation of a plaque to Ted Schassberger for his eleven years of involvement
and contribution to the Planning Commission.
1. Citizen Input
Marion Judith Cantrell of 63037 Terry Drive, Bend, came before the Board. She
wanted to have placed into public record that she wishes to submit a petition for
a road/alley vacation before the end of this year. She was unclear as to who
should receive the completed petition; Chair Swearingen requested that George
Kolb speak with her to answer her questions.
2. Consideration of the Adoption of Ordinance No. 99-026, Implementing Senate
Bill 1148, Authorizing the Election of Special Road District Board Members,
was Pulled from the Agenda at Deputy Counsel Bruce White's Request, Pending
the Receipt of Further Information.
Minutes of Board of Commissioners' Meeting Page 1 of 16
December 8, 1999
3. Consideration of Signature of a Declaration of Dedication from Robert Turner
and Courtney Lupton Turner of a Strip of Land 60 -Feet Wide for Road Right -of -
Way Purposes
Before the Board was the Consideration of Signature of a Declaration of
Dedication for a Road Right -of -Way involving property located on Dayton Road.
Damian Syrnyk of Community Development's Planning Division explained the
benefits of the dedication.
LUKE: I move to Approve the Signature of the Declaration of Dedication for
this Road Right -of -Way.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
4. Public Hearing Regarding the Formation of Sun Mountain Ranches Special Road
District
Before the Board was a Public Hearing Regarding the Formation of Sun
Mountain Ranches Special Road District.
Bruce White, Deputy County Counsel, presented a petition to form a road district
in Sun Mountain Ranches Subdivision off Highway 20, between Bend and
Sisters. He stated as a part of this formation the group is also proposing a tax
rate limit. He explained that the purpose of this hearing is for the Board to
determine whether the properties to be included in the district would benefit by
formation of the district, whether there are omitted properties that should be
included, or if there are properties included that should not have been included.
He emphasized that there will be no other hearing, and that it will go to an
election if the Board approves, because it includes the tax rate limit.
Chair Swearingen opened the public hearing, and asked for public input.
Jerilynn Round, a citizen, then spoke. She explained that she and her husband
reside and own property in Sun Mountain Ranches. She read a one-page
statement of her opinion about the formation of the road district, which she feels
needs some revision. (A copy of her statement is attached, as Exhibit A.)
Minutes of Board of Commissioners' Meeting Page 2 of 16
December 8, 1999
Discussion ensued. Bruce White explained that the district does not have to bring
the roads within the district to County standards, and that what is done with the
roads at that point is really up to the road district. He stated that they have
prepared an economic feasibility statement based upon a proposed plan of action,
and have sought a budget that would meet that proposed plan of action. (Maps,
Plan of Action and Budget are included as Exhibit B.)
Dan Sankwich, a resident of Sun Mountain Ranches, then spoke. He explained
the layout of the roads in the subdivision, and which roads would be paved. He
also stated that some individuals, notably those on West Street, did not want to
become a part of the district due to the future raise in taxes.
Commissioner Swearingen expressed concern regarding the fact that some lots
fronting Fryrear Road are included in the district, as Fryrear is a paved road.
Commissioner DeWolf asked which roads would be paved or graded, and when.
Mr. Sankwich explained that Central Street and Third Avenue would be paved
the first year. In the fourth year, Second Avenue and Fourth Avenue would be
paved up to Central Street. He stated that there are sixty-two lots having
driveways off Central Street. He further explained that grading could not be
done until after the fourth year because the roads are in such bad shape, it would
cost a lot to bring them up to a grading standard. He stated that although the
other roads need attention, the group cannot afford it.
Commissioner Luke asked if the roads to be paved would be brought to County
standards. Mr. Sankwich indicated yes, but that the group does not want to form
an L.I.D. due to the expense, or dedicate them to the County. The group wants to
be responsible for and handle their roads as they wish.
Commissioner Swearingen expressed her concern about a four- or five-year wait
to take care of the residents of Second Avenue. Dan Sankwich explained that
they are all supportive and have signed the petition, with the exception of the
property on the corner of Fryrear Road and Second Avenue.
Commissioner DeWolf asked if people within the road district have driveways
that take them to West Street, they may want to withdraw from the district in the
future since they are not receiving a benefit from the district. Then neighbors
end up pitted against each other, and come to the Commissioners for help. He
asked if that is a possibility, perhaps the district could be cut up in a different
way.
Minutes of Board of Commissioners' Meeting Page 3 of 16
December 8, 1999
Bruce White stated that he has never worked with citizens wanting to form a road
district who have been any more thorough or involved.
Commissioner Swearingen explained that she is concerned about the individuals
who have access to a paved, County road wanting to be withdrawn from the
district at some future date. Discussion ensued between citizens and the
Commissioners in this regard. Commissioner Swearingen stated that the County
would address the problem of getting signatures from the owners who lives out
of state. She emphasized that she wants to see it in writing, based on the history
of problems with special road districts.
Commissioner Luke stated that it should be determined if those properties
fronting Fryrear Road actually have legal access directly to Fryrear.
Dan Sankwich explained that they obtained, within two weeks, the signatures of
sixty out of eighty property owners, and the average cost per property is $250 per
year. The owners want to vote in May so they can get started on the
improvements as soon as possible. They tried to get West Street included, but
because of the owners of three large properties who did not want to participate,
this didn't happen. Most streets will be improved by the fourth year.
Felix Hammock then explained the various scenarios and tax rates that the group
had considered, and the costs associated with each one.
Commissioners Swearingen and DeWolf stated they wanted on the record that in
the future some property owners may come back and ask why they are included
if they are already on a paved road. They expressed concern that the group may
end up with neighbor versus neighbor on this issue, with some property owners
petitioning to withdraw from the district because they don't derive a benefit from
the district. This can affect the road district's loans.
Andrea Blum, a resident living on Fourth Avenue, stated that she lives outside
Sun Mountain Ranches but is a part of the road district because she feels these
improvements are needed. She explained that it has reached a point where
everyone can benefit and afford the improvements. She further said that there is
no immediate advantage to her but that it is good for the community.
George Kolb spoke regarding the access to Fryrear Road. He said that Fryrear is
a collector road, so access may be limited to some residents whose property is on
Fryrear and another street.
Minutes of Board of Commissioners' Meeting Page 4 of 16
December 8, 1999
Sandra Vee then testified. She stated that she owns two properties in the
subdivision, her own residence and a rental property, and that the renters will
benefit from the improvements long before she does. She said, however, that she
feels this is important and necessary for the good of the community.
Members of the audience questioned the County allowing individuals to
withdraw from a road district. Commissioner Luke explained that this is not a
County law, it is state law that must be followed.
Commissioner Swearingen stressed her concern that the road district is in a
formation stage, and it should now be refined as much as possible so that it will
be successful.
Jack Blum stated that some have opted out, saying they would do their own
roads; but they will likely use the improved roads. Bruce White explained that
Rick Isham, County Counsel, has stated that even if a property fronts on two
roads, it does benefit from a road district; perhaps a diminished benefit, but a
benefit nonetheless.
Commissioner Swearingen said that if a property owner has legal access to
Fryrear Road, she suggests that they be deleted from the formation of district to
avoid future problems.
Jerilynn Round asked if there is any possibility of properties west of West Street
could be included. Commissioner Swearingen answered that Ms. Round could
always petition to join after the district has been formed.
Commissioner Swearingen then asked if there was further testimony; being none,
she closed the hearing.
DEWOLF: I move approval of Order No. 99-174, allowing the formation of
Sun Mountain Ranches Special Road District.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Aye.
SWEARINGEN: Chair votes aye.
Minutes of Board of Commissioners' Meeting Page 5 of 16
December 8, 1999
5. Public Hearing Regarding an Appeal of Hearings Officer's Denial of a Partition
of a 20 -Acre Parcel within an RR -10 Zone into Two Parcels
To be addressed later in this meeting.
6. Decision Regarding the Appeal of Plan Amendments and Site Plan Modification
for the "Rose Pit" Surface Mine Site
Before the Board was a Decision Regarding the Appeal of a Plan Amendment
and Site Plan Modifications for the "Rose Pit" Surface Mine Site.
Commissioner Luke was excluded from this Decision, as he had not been able to
be present during the entire hearings process.
Barbara Rich, Community Development explained that the hearings process has
been concluded, and final arguments are in. She also gave an overview of the
issue. The Board asked for clarification regarding the earthen berm.
Commissioner DeWolf asked if screening is required as soon as work is visible;
Barbara Rich answered yes.
Commissioner DeWolf explained that he spent time on two occasions viewing
the area. He noted the dust and exhaust fumes over the entire area. He also
stated that he did not think the berm would cut down that much on the noise.
Furthermore, he stated that protection from the visual impact had been required,
and that it was not intended to be mined, but just developed that way.
He said that it appears the operator has not tried to work with the neighbors over
the years. He viewed the original decision and determined that a number of
conditions were never met; and does not know if the neighbors previously
complained or if enforcement was simply not done.
He stated he would have a difficult time wanting to change anything. He said his
initial thought was why require the operator cover loads if most other operations
don't have to do this.
Commissioner Swearingen stated that she does not feel that the berm is doing the
job visually or with the noise problem, and feels there are previous violations.
Minutes of Board of Commissioners' Meeting Page 6 of 16
December 8, 1999
Commissioner DeWolf said that he realizes the operator has a right to do
business, but that the neighbors have a right to peace and quiet. He stated that he
feels the land should be reclaimed in a timely fashion, and feels this has not been
done in the past.
Commissioner Swearingen stated that it looks like a dust bowl to her, and that it
is clear to her that reclamation isn't occurring fast enough. She would be
interested in substituting a water bar for the use of tarps, but is not interested in
eliminating a site obscuring and noise mitigating berm. She stated she sees a
violation of a prior agreement, as she feels the berm is there to control both noise
and visual impact.
Discussion then occurred regarding the use of a water bar and the use of tarps to
cover loads. Kevin Harrison, Community Development, explained the
arguments against and the relative merits of both.
Commissioner DeWolf explained that he needs to listen to audio tapes containing
testimony regarding the use of a water bar and tarps. Barbara Rich answered that
the applicant has waived the time requirements, so timing is not an issue.
Discussion occurred regarding whether items in this decision can be broken out
and voted on separately. It was decided to postpone a decision on the water bar
issue until December 9, 1999, at 10:00 a.m. in order to give Commissioner
DeWolf time to review the audio tapes of hearings testimony in regard to the use
of a water bar versus tarps. The Board was prepared, however, to vote on the
other issues.
SWEARINGEN: I make a motion to uphold the Hearings Officer's decisionin
regard to the elimination of a site -obscuring and noise
mitigating berm, and that we do not believe that the applicant
has justified the need to eliminate a site -obscuring and noise
mitigating berm. I would also uphold the hearings officer's
decision that a screening device is not warranted.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
This item was continued until December 9, 1999, at 10:00, at which time a
decision will be reached on the issue involving the use of a water bar versus
tarps.
Minutes of Board of Commissioners' Meeting Page 7 of 16
December 8, 1999
5. Public Hearing Regarding an Appeal of Hearings Officer's Denial of a Partition
of a 20 -Acre Parcel within an RR -10 Zone into Two Parcels
Before the Board was a Public Hearing Regarding Appeal #A-99-10 of Hearings
Officer's Denial of a Partition of a 20 -Acre Parcel within an RR -10 Zone into
Two Parcels.
Commissioner Swearingen opened the public hearing on this issue, and read the
introduction on behalf of Paul Blikstad, Community Development Department.
Paul Blikstad gave history of the issue and the reasons for the Hearings Officer's
denial. A part of the findings was that the property is located on Gribling Road,
and Gribling Road does not meet access standards nor is it maintained by a
public agency. He also stated that parts of Gribling Road might not be located
within the existing right-of-way, according to the County Road Department. The
Hearings Officer found that even though there are existing dwellings served by
dirt roads in the area, but found that to create new parcels adequate access
standards must be met. Paul Blikstad explained that other properties to the south
of the subject property did develop, and the road was improved incrementally.
Commissioner Luke asked if the applicant had applied for a building permit,
would it have been granted; Paul Blikstad answered that it would have been,
provided they had septic approval and met the setback standards.
He stated that road standards changed in 1992, with the intent to restrict building
on non-standard roads, with at least a 25 -foot cindered or graveled road; and
discussions regarding this were held before the Planning Commission, and
ultimately before the Board through Ordinance.
Commissioner Luke asked if a house was built on the top portion of the twenty
acres, could ten acres be split off later and built upon. Paul Blikstad responded
that building could not be disallowed if the property was already split, and the
owner could petition to split it off if one residence is already built on the top
portion.
Commissioner DeWolf asked George Kolb of the Road Department if there are
other lots in the same situation; and when was graveling done on the portion of
the roads fronting those properties. George Kolb replied that one-third of the
road has been done over about the last ten years; and there are many others in the
same situation. He explained Gribling was established as a County road in 1922,
but funding does not allow for much maintenance. He further stated that there is
no policy regarding the cost of improvements to be shared over time.
Minutes of Board of Commissioners' Meeting Page 8 of 16
December 8, 1999
Mike Skeels, Fire Inspector for the City of Bend, then spoke. He stated that he
has viewed the bridge on Gribling Road, and it is twenty feet wide, rated for
twenty-five tons, all weather and uniform code. He further said that the bridge
singing would eliminate full structural assistance; that it looks well supported to
him, and he has asked for an engineering decision regarding the load capabilities.
He stated that he drove to the property from the north, and the road is bad;
however, that he drove out from the property toward the south, and the road was
better than many. It appeared that the grading was fine, with twenty -foot widths
in most places and with some graveling; and although it may not meet standards,
it may be workable.
Mike Skeels further observed that the applicant researched the records and found
instances where emergency vehicles were called out to the area. They would
require a turn -around with a 45 -degree radius cul-de-sac or a hammerhead T
intersection to meet uniform fire code.
Larry Irwin, an attorney representing the applicants, then spoke. Discussion
ensued regarding easements and access to the property and to adjacent properties.
Mr. Irwin explained that. the applicant is willing to dedicate whatever is needed
to provide easements and a hammerhead intersection, and will improve the road
along the roadway adjacent to this property.
Mr. Irwin asked at this time why the applicant must pay a park fee, since he is
not in the district.
Commissioner Luke asked what if the equipment could come in one way but not
out another; Mr. Irwin answered that a turnaround would work. He also noted
that all of the parcels in the area are being assessed for fire protection.
Larry Acuff of 61601 Gribling Road then spoke. He explained he is a partner in
the property, and lives behind, using a graveled easement to access his property.
He explained that even though George Kolb of the Road Department said it is a
non -maintained County road, in 1996 the County improved the bridge, and
graded and graveled the road. He asked if they are not responsible for it, why
would they spend time and resources doing this.
George Kolb stated that the superstructure, with steel beams, should handle an
emergency vehicle; but the substructure is not adequate for big vehicles. He
further stated, however, that a fire vehicle could probably be driven over it.
Minutes of Board of Commissioners' Meeting Page 9 of 16
December 8, 1999
Mr. Acuff further explained that Paul Blikstad used Groff Road as an example to
follow, but Groff Road varies from fifteen to twenty feet in width, and there are a
lot of partitions there. He had appealed his taxes in 1994, but it was denied due
to the proximity of the property to Gosney Road. He stated that other partitions
were done nearby in the late 1980's and early 1990's with no problems. He asked
that if individuals are required to improve the road, who will maintain it.
George Kolb said that he discussed this with Tom Blust of the Road Department,
and found that it is not improved enough to maintain; and would perhaps do
maintenance upon request.
Commissioner Swearingen asked why individuals must spend all of this money if
the County won't maintain it afterwards. Tom Blust answered that it is a
"squeaky wheel" situation. He also said that road improvements have been a part
of other decisions, but whether the work was ever done is unknown, since there
is no way for the County to follow up on this. Discussion followed regarding
surveys and road right-of-ways.
Greg Lynch, representing Central Oregon Irrigation District, then spoke. He
explained that a dispute has been growing between Larry Acuff and an employee
of the COI, Jeff Eicher, who lives on an adjacent property, and COI has
attempted to settle the dispute for three years.
Mr. Lynch further explained the access problem between these individuals and
COI could be mostly resolved if this partition application is approved, with
specific benefit to the County. Mr. Eicher may have built upon the COI right of
way, and he cannot affect abandonment unless this partition is approved, as Mr.
Acuff will then provide other access for Mr. Eicher. The new access would be
along the new property line.
Commissioner Luke stated that a decision has to be made based on the facts and
not because this might settle a dispute benefiting COI.
Michael Peterkin, an attorney representing the Eichers, then explained that the
problems in this "sagebrush subdivision" are not of the individuals' making. He
stated that assumptions were made by them when they purchased their
properties, and many have just prescriptive easements or poor access. He
indicated this is an opportunity to begin to correct a part of a troublesome road
system.
Minutes of Board of Commissioners' Meeting Page 10 of 16
December 8, 1999
Mr. Peterkin stated that this would provide legal access to the Eicher's property;
as it is, they cannot sell it. It would also provide legal access to another
landlocked property. Further, he stated that it meets with County policy
regarding safety and secondary access to the north, and that a secondary bridge
access that would be made available for use is up to par.
Discussion then ensued regarding the creation of an easement. Rick Isham,
County Counsel, explained that even if the easement did not occur, the property
still would not be saleable as no lender or title insurance company would allow
it. Paul Blikstad recommended that an easement be done as part of the plat,
instead of a separate permit.
The parties then adjourned for further discussion in another meeting room, while
the Board conducted other business.
Agenda Items 16, 17 and 18 were pulled from Consent Agenda by Richard Isham
to allow for further discussion:
CONVENE AS THE GOVERNING BODY OF THE BEND PUBLIC LIBRARY
COUNTY SERVICE DISTRICT, THE REDMOND PUBLIC LIBRARY
COUNTY SERVICE DISTRICT, AND THE SUNRIVER PUBLIC LIBRARY
COUNTY SERVICE DISTRICT
16. Signature of Resolution No. 99-085, and the Bargain and Sale Deed Regarding
the Transfer of Real Property Located off First Street, La Pine; Cascade Avenue,
Redmond; and Wall Street at Kansas Avenue, Bend, to the Deschutes Public
Library District
17. Signature of Resolution No. 99-087, and the Bargain and Sale Deed Regarding
the Transfer of Real Property Located at Kansas Avenue and Wall Street, Bend;
and Louisiana Avenue at Wall Street, Bend, to the Deschutes Public Library
District
18. Signature of Resolution No. 99-086, and the Bargain and Sale Deed Regarding
the Transfer of Real Property Located at Venture Lane, Sunriver, to the
Deschutes Public Library District
Rick Isham explained that the paperwork is now complete, including the title
reports, and the Resolutions fulfill the Library District transfers. He further
stated that he has the Bargain and Sale Deeds with no reversionary clause
included. He said the Bond Counsel indicated there is no impediment, but the
properties must be used for library services for the length of the bond.
Minutes of Board of Commissioners' Meeting Page 11 of 16
December 8, 1999
Tom DeWolf inquired about the La Pine Library property. Rick Isham answered
that there is no bond money involved in regard to the La Pine facility, and that
the issue is being handled solely between the La Pine library and La Pine
schools.
DEWOLF: I move to approve Resolution No. 99-085, Resolution No. 99-086
and Resolution No. 99-087, and the signature of the Bargain and
Sale Deeds regarding these Resolutions.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
24. d) Approval of Weekly Accounts Payable Vouchers for the Bend Library
County Service District (Construction)
SWEARINGEN: I move that we approve the accounts payable vouchers forthe
Bend Library County Service District (Construction) in the
amount of $60,611.50.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
24. e) Approval of Weekly Accounts Payable Vouchers for the Sunriver Library
County Service District (Construction)
SWEARINGEN: I move approval of the weekly accounts payable vouchers for
the Sunriver Library County Service District (Construction) in
the amount of $2,978.66.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Minutes of Board of Commissioners' Meeting Page 12 of 16
December 8, 1999
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE
DISTRICT
7. Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service
District
SWEARINGEN: I move that we approve the accounts payable vouchers for the
9-1-1 County Service District in the amount of $7,580.01.
DEWOLF: Second
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONVENE AS THE GOVERNING BODY OF 4-H EXTENSION COUNTY
SERVICE DISTRICT
8. Approval of Weekly Accounts Payable Voucher for 4-H/Extension County
Service District
SWEARINGEN: I move that we approve the accounts payable vouchers for the
4-H/ Extension County Service District in the amount of
$1,118.42.
LUKE: Second.
VOTE: LUKE:
DEWOLF:
SWEARINGEN:
RECONVENE AS THE
COMMISSIONERS
Aye.
Yes.
Chair votes aye.
DESCHUTES COUNTY BOARD OF
CONSENT AGENDA: Items 9 Through 15, and Items 19 through 23
SWEARINGEN: I move approval of the remaining Consent Agenda items.
DEWOLF.: Second.
Minutes of Board of Commissioners' Meeting Page 13 of 16
December 8, 1999
VOTE: LUKE:
DEWOLF:
SWEARINGEN:
Consent Agenda Items Were:
Aye.
Yes.
Chair votes aye.
9. Signature of an Agreement with HE Engineering for Final Design and
Engineering of the La Pine Water Project;
10. Signature of an Addendum to a Best Care Personal Services Contract;
11. Signature of a Cooperative Maintenance Agreement with the Oregon Department
of Transportation Regarding the Signal Light at South Century Drive and
Venture Lane by Sunriver Business Park;
12. Approval of an Award of a Contract to Process and Deliver Cinder Rock at Knott
Landfill to Pieratt Brothers, Inc.
13. Signature of a Letter Regarding the Re -appointment of Graham Amacher to
Forest View Special Road District;
14. Signature of a Letter Regarding the Re -appointment of Jeff Cassidy to the Four
Rivers Vector Control District;
15. Signature of Order No. 99-168, Transferring Cash Among Various Funds as
Budgeted in the Fiscal Year 1999-2000 Deschutes County Budget, and Directing
Entries;
19. Signature of Order No. 99-178, Authorizing the Sale of Real Property Owned by
Deschutes County to Provide Funding for the Health and Human Services
Building and the Becky Johnson Community Center;
20. Signature of a Sublease Agreement for Lacamas Technologies, Inc., to Locate
Equipment on the County Tower Site (Awbrey Butte);
21. Signature of Order No. 99-176, Authorizing the Sale of Real Property off
Edmundson Road to Lloyd and Julia Olson;
22. Signature of a Deed of Dedication of a Right -of -Way for the Possible Future
Improvement of Dayton Road; and
Minutes of Board of Commissioners' Meeting Page 14 of 16
December 8, 1999
23. Signature of Agreements Regarding Regional Problem Solving with Oregon
Water Wonderland II Sanitary District and the U. S. Forest Service.
24. ADDITIONS TO THE AGENDA:
24. b) and c) Signature of Oregon Liquor Control Licenses for Mt. Bachelor Sunrise
Lodge and Mt. Bachelor Main Lodge
SWEARINGEN: I move approval of the signature on the Liquor Control
Licenses for Mt. Bachelor Sunrise Lodge and Main Lodge.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
24. a) Discussion of a Real Estate Transaction Involving Property at First and Olney
Streets, Bend
Before the Board was a discussion of a real estate transaction involving
County property located at First Street and Olney Street, Bend.
Rick Isham, County Counsel, and Steve Scott, County Real Estate Broker of
Record, explained that the first offer on the property did not go through;
however, they have a second offer and the purchaser has accepted the
counter-offer. They explained that the price is the same as the previous offer,
with slightly different terms. The buyer is CSJ Enterprises, LLC, and the
price is $416,000.
LUKE: I move approval of the real estate sales transaction involving the
County's property located at First and Olney Streets, Bend.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yep.
SWEARINGEN: Chair votes aye.
Minutes of Board of Commissioners' Meeting Page 15 of 16
December 8, 1999
CONTINUANCE OF ITEM #5, HEARING:
5. Public Hearing Regarding an Appeal of Hearings Officer's Denial of a Partition
of a 20 -Acre Parcel within an RR -10 Zone into Two Parcels
Larry Irwin stated that his client, Larry Acuff, will provide access across his land
as necessary to meet the public need, and will dedicate a private "bulb" for turn-
around of emergency vehicles.
Brief discussion then ensued regarding the location of easements, discovering if
Gribling Road is where it needs to be, and the dedication of land if it is not where
is should be.
There being no further requests to testify, Chair Linda Swearingen then closed
the hearing.
Commissioner Luke explained that he is not ready to decide on this issue.
Commissioner DeWolf stated that he would like to visit the site before making a
decision.
The Board decided that the issue is to be held open for ten days to allow for
further documentation and discovery; and that a decision wold be rendered on
December 29, 1999.
Commissioners Luke and DeWolf both indicated their concerns regarding
roadway improvements; Commissioner Luke said he believe minimum standards
should be upheld, but he would not be agreeable to changing policy.
Chair Linda Swearingen adjourned the meeting at 2:25 p.m.
DATED this 8th day of December 1999 by the Des c utes County Board of
Commissioners. /� J.
FA
11 MINIMUM
Attest
Minutes of Board of Commissioners' Meeting
December 8, 1999
Linda . Swearingen, Chair
r
ennis R. Like-, ommissioner
Tom DeWolf, Commissioner
Page 16 of 16
C
1 AA�
My name is Jerilynn Round. My husband and I reside and own
property in Sun Mountain.
As a property owner, I support any effort towards road improvements
even though the access to my property is from West Street.
I believe the proposal does need some revision to be equitable and
benefit all property owners within the Sun Mountain development. My
concern is that this proposal is only for Central Street and does nothing
to improve the other roads.
Currently, all of the roads are in dreadful condition - I am not here to
further argue that point. I feel as though citizens like myself whose
main access to their property is from West Street, will not justly benefit
from paving only Central Street. Why improve only one street in Sun
Mountain when all of the streets there need help? Why not bring in the
other properties bordering West Street and the side streets to share the
burden thus enabling more streets to be improved?
Or another plan to consider, if only Central is to be paved then 1st, 2nd,
3rd, 4th, and West Streets need to be rocked with grade rock, not
cinders, to keep the dust, wash boards, and pot holes down to a
minimum.
Please consider that it would be- much better to get the support and
funding for a larger part of the project at once than try and rally the
support of the property owners street by street, piece by piece, again and
again. Our roads in Sun Mountain need attention and improvement to
make the area more livable and to improve the quality of life for all
residents.
Thank you for your consideration.
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Sun Mountain Area Property Tax Rates 1998-1999
(Based on Assessed Values)
Item $/$1,000 Edu Gov'mnt Non -Ltd Totals
County
1.7013
1.1314 0.5699
1.7013
Sheriff (County)
1.1200
1.1200
1.1200
Deschutes Co Library
0.5500
0.5500
0.5500
Sisters Library CSD
0
0
County Exten 4h Distr
0.0209
0.0209
0.0209
911
0.1507
0.1507
0.1507
Cloverdale Fire Distr
1.0838
1.0838
1.0838
Cloverdale RFPD - Bond
0.0933
0.0933
0.0933
School Distr # 6
5.1734 3.8192
1.3542
5.1734
Education Service Distr
0.0906 0.0906
0.0906
Centr OR Comm Coll
0.7601 0.5950
0.1651
0.7601
Totals
10.7441 4.5048 4.1501 2.0892 10.7441
Practical limit on property tax rates is assumed to be $10/$1,000 Assessed
Valuation under Government heading. Therefore, the practical limit on local
property taxes to support road improvements is $10.00 - $4.15 = $ 5.85/$1,000
Assessed Valuation.
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