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2000-595-Minutes for Meeting March 01,2000 Recorded 3/24/2000VOL: CJ2000 PAGE: 595 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02000-595 * Vol -Page Printed: 04/04/2000 14:42:38 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: Mar.:24, 2000; 8:03 a.m. Regular Meeting (CJ) NUMBER OF PAGES: 12 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK Kms' UNC�HED AP - 4 2000 ES a� 2� -C 00 Mb ??ar dRof Commissioners (1?N'V1fi;Hawyman, Bend, Oregon 97701-1947 (54`1' j 3,BB-6570 • Fax (541) 3BB-4752 www.co.deschutes'orus Linda L. Swearingen Tom DeWolf MINUTES Dennis R. Luke DESCHUTES COUNTY BOARD OF COMMISSIONERS MEETING WEDNESDAY, MARCH 1, 2000 Chair Linda Swearingen opened the meeting at 10:07 a.m. Commissioners present were Linda L. Swearingen, Dennis R. Luke and Tom DeWolf. Also in attendance was Bruce White, Legal Counsel; George Read, Paul Blikstad, Community Development; Jim Bonnarens, Property Management; Tom Blust and George Kolb, Road Department; and Michael Maier, County Administrator. Also present were Ted Schassberger and Adriel McIntosh, Commissioners' Office; Barney Lerten, The Bulletin Newspaper; Bob Shotwell, KICE Radio; a reporter from Z-21 TV, and Several Citizens. 1. CITIZEN INPUT There was none. 2. PUBLIC HEARING Regarding a Proposed Vacation of an "Easement" off Wilt Road - Bruce White, Legal Counsel WHITE: (Discussed property on map.) This public road easement was described on a 1964 deed, but was never officially accepted by the County, which has caused it to be in somewhat of a legal limbo situation. This has been a road but is barely traversable. The Loomis family owns the adjacent approximately 640 acre piece, and may well have an implied easement along this right-of-way. This all was owned at one point by a family named Atkins. MINUTES of Board of Commissioners' Meeting Wednesday, March 1, 2000 Quality Services Performed with Pride Page I of I I WHITE: What the Board needs to find in deciding whether to vacate is whether it is in the public interest to do so. One component is to know whether anyone's access is being cut off. The Webers have purchased this property and have done a cluster development of six lots. We have a petition to vacate signed by Atkins, the Weber holdings and the Heneous family. The Loomises have not signed the petition, as they are concerned about some access issues. The purpose of our vacating this, even though we may never have accepted it, is to clear the title. What we'll need to do is accept the dedication and then move to vacate. There is an unrecorded subdivision that the Atkins' did in the early 1960's that has been judged to be an illegal subdivision. What the Webers are proposing is that this be vacated and that they then grant a replacement easement along the border of their property that ends up in the same place, giving the same access. In fact, this would provide better physical access than what was there before. SWEARINGEN: So what is so complicated about this? WHITE: There are two complications. One is to satisfy the folks whose access is changing. The attorney representing the Loomises says they have worked out a deal in concept with the Webers. LUKE: We may be a bit early on this. If they are close to coming to an agreement, we should wait. WHITE: We needed to open the public hearing so we set it for today. We are not proposing to take final action today. This helps to move things along. The other issue is that when this subdivision was approved, it was approved with a cul-de-sac that was 200 feet longer than what we ordinarily allow. At the time, the fire department said it was okay because there was a secondary access. That is the access we are proposing to vacate. We need to make sure that there is a secondary fire access that the fire department will accept. MINUTES of Board of Commissioners' Meeting Page 2 of I I Wednesday, March 1, 2000 LUKE: The current easement hits Wilt Road. Is it actually an access, with a turnoff to Wilt Road? Also, would this access be vacated in exchange for the other one? GEORGE KOLB: I'm not sure is there is an access permit for it; it was probably done in the 1960's. WHITE: This proposal is not to vacate the part of the road that goes to Wilt Road. The access into the Weber property has a permit. The easement that would serve the Loomis and Heneous properties would come off that access; it would not be an additional access. There had been a proposal to have the secondary access be along an easement line to a Forest Service road; but it does not appear that this is an officially documented Forest Service road. S WEARINGEN: These people have suggested a replacement easement, and they've improved it so that fire trucks can actually use the road to get to the property. Yes, they don't have a secondary access and it would be nice to get it, but why should you hold people hostage for just wanting a better access to their property? WHITE: They might have not gotten their approval for the subdivision if the fire department hadn't said okay. The ordinance required a secondary access, if possible, so that fire trucks would not get stuck. There's an 800 -foot cul-de-sac. S WEARINGEN: Let's open the public hearing. ERIC WEBER: I'm one of the developers. Regarding the issue of the fire department, we have asked the fire department on two occasions for their approval in writing to get this secondary access approved, and they have approved it both times. We feel it is not an issue, and believe Fire Chief Roe would agree since it is only 200 feet over the maximum 600 feet of a cul-de-sac. The road meets County specs and can get a truck in and turn it around. LUKE: If there is a place to turn around or back in to head out, the fire department should be okay. MINUTES of Board of Commissioners' Meeting Page 3 of 11 Wednesday, March 1, 2000 WEBER: The concern is not so much the access of the emergency vehicles to the property; it would be exiting the property with emergency vehicles in the way. We do have an alternate plan that we are already working on; in fact, we have other roads already built in there that would allow for exit. The road is 20 feet and is paved, and the bulb of the cul-de-sac is 100 feet across. We feel we can get the fire department to make an exception regarding the easement to be vacated. WHITE: We are working with the fire department to accomplish this. The record will remain open until March 22, and will have to do a Resolution of Intent. (Hearing to be continued until Wednesday, March 22, 2000) 3. DECISION Regarding an Appeal of County Hearings Officer's Decision on CU -99-119, MP -99-18. (This Concerns of a Conditional use Permit for a Non - Farm Dwelling on a 3 -Acre Parcel That Would Be Created by a Partition of a 39 -Acre Parcel into a 3 -Acre Parcel and a 36 -Acre Parcel - Applicant: Kiesow) - Bruce White, Legal Counsel DEWOLF: Read his decision to uphold the decision of the Hearings Officer from his written statement (attached, Exhibit 1). LUKE: For many years I have been a strong supporter of farm dwellings for people to live in as they farm their ground. This clearly is not necessary for the farming of this ground. The testimony of the neighbors who are actually making their living off the ground has been very compelling to me, and I do not believe that t his would be compatible. I will be voting to uphold the Hearings Officer's decision. S WEARINGEN: I disagree with both of you. I believe that the property is unsuitable for farming, and I don't believe by actually making a parcel there that it is going to adversely affect farming practices in the area. LUKE: I would move that we uphold the Hearings Officer's opinion. DEWOLF: I second. MINUTES of Board of Commissioners' Meeting Page 4 of 1 I Wednesday, March 1, 2000 VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes no. Discussion after and outside of the Decision: DEWOLF: Regarding the suitability for farming, the record referred to using this type of ground for loafing. If it had been connected to the main road, it might have been okay. But it is surrounded by farm use on all sides, with potential problems for battles between neighbors in the future. S WEARINGEN: So you're saying if it had been based solely on the suitability of the soil, you might have voted differently. One of the frustrations that staff has is, if it is a rock pile, is it okay to build on. LUKE: If you had large acreage that was entirely like this, yes it would be unsuitable for farming. But those areas as a part of the whole are necessary. Sterile, dry land is necessary for cattle, and it's part of the ecosystem of the farm. So the question is, do you take just a small piece of the larger piece and say it is not farmable, but when it's in the big piece it is a part of the farm? That's how I look at it. DEWOLF: I agree with that. Unfortunately, there's nothing to me that clearly defines, because of terrain in a specific area, is going to be blanket across the County. To me, the rocky ground itself was not the compelling argument; it was the much larger area and driving out there through all the farmland. DAN KIESOW (Applicant): Will there be a clear-cut criteria that you are turning this down on, so that I have a complete definition of what I'm looking in the future. And when will you have this? WHITE: We should have this within a couple of weeks. 4. SIGNATURE of a Cancellation of an Improvement Agreement and Escrow Instructions Regarding an Agreement and Cash Deposit (Michael Ashley) - Bruce White, Legal Counsel MINUTES of Board of Commissioners' Meeting Page 5 of 11 Wednesday, March 1, 2000 WHITE: I am still working with the City of Bend on this, and we're not yet ready to proceed. (To be rescheduled.) CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 5. APPROVAL of the Weekly Accounts Payable Vouchers for the 9-1-1 County Service District DEWOLF: I move approval of the weekly accounts payable vouchers for the 9-1-1 County Service District in the amount of $2,088.42, subject to review. LUKE: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. CONVENE AS THE GOVERNING BODY OF THE 4-H/EXTENSION COUNTY SERVICE DISTRICT 6. APPROVAL of the Weekly Accounts Payable Vouchers for the 4-H/Extension County Service District LUKE: I move approval of the weekly accounts payable vouchers for the 4H/Extension County Service District in the amount of $653.87, subject to review. DEWOLF: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. RECONVENE AS THE BOARD OF COMMISSIONERS FOR DESCHUTES COUNTY 7. APPROVAL of Weekly Accounts Payable Vouchers, Subject to Review MINUTES of Board of Commissioners' Meeting Page 6 of 11 Wednesday, March 1, 2000 LUKE: I move approval of the weekly accounts payable vouchers in the amount of $213,659.85, subject to review. DEWOLF: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. CONSENT AGENDA DEWOLF: I would like to pull Agenda Item # 15 off the Consent Agenda for further discussion. I move approval of Items #8 through # 14 and # 16 through # 19. LUKE: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. CONSENT AGENDA ITEMS APPROVED: 8. SIGNATURE of Order No. 2000-035, Establishing a 30 -MPH Speed Limit on All of Old Wood Road, from South Century Drive to End of the Road Located In Vandevert Acres Subdivision, South of Sunriver 9. SIGNATURE of Order No. 2000-036, Establishing a 35 -MPH Speed Limit of All of Blue Eagle Road from South Century Drive to R.U. Guelfi Road, Located in Vandevert Acres Subdivision, South of Sunriver 10. SIGNATURE of Oregon Department of Transportation Agreement No. 7251, Transferring the Maintenance Funding Responsibilities for the Murphy Road Traffic Signal to the City of Bend 11. SIGNATURE of Oregon Department of Transportation Agreement No. 11895, Transferring the Maintenance Funding Responsibilities for the Badger Road Traffic Signal to the City of Bend 12. SIGNATURE of Oregon Department of Transportation Agreement No. 12697, Transferring the Maintenance Funding Responsibilities for the Cooley Road Traffic Signal to the City of Bend 13. APPROVAL of an Offer to Purchase Property in the La Pine Industrial Park MINUTES of Board of Commissioners' Meeting Page 7 of 11 Wednesday, March 1, 2000 14. SIGNATURE of Amendment #1 of the Intergovernmental Agreement Between Deschutes, Crook and Jefferson Counties for COIC Administration Services for the Central Oregon Community Investment Board 16. SIGNATURE of a Resolution Designating the Central Oregon Intergovernmental Council as the Region's Sub -grant Recipient of Workforce Investment Act's Title I Funds 17. SIGNATURE of a Letter Appointing Russell Wink to a Three-year Term as President of Bend Cascade View Estates, Tract 2, Special Road District 18. SIGNATURE of a Letter Appointing W. Ted Slocum, Jr. to a Three-year Term as Treasurer of Bend Cascade View Estates, Tract 2, Special Road District 19. SIGNATURE of a Letter Appointing Karen Engeman to a One-year Term as Secretary of Bend Cascade View Estates, Tract 2, Special Road District, Filling a Vacant Position Agenda Item #15: DEWOLF: I want to clarify the Expense Reimbursement form that we discussed on Monday. (A brief discussion followed.) 15. APPROVAL of an Amendment to Deschutes County General Policy No. P- 001-2000, Regarding Employee Reimbursement of Travel, Meal and Miscellaneous Expenses DEWOLF: I move approval of Agenda Item # 15. SWEARINGEN: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. 20. Additions to the Agenda: (a) SIGNATURE of Order No. 2000-045, Amending Order No. 99-164, Providing for Deschutes County to Exchange Real Property Pursuant to Deschutes County Code, Chapter 11.08, to Acquire a Project, Making Required Findings and Providing for Procedures - Jim Bonnarens, Property Management MINUTES of Board of Commissioners' Meeting Page 8 of 11 Wednesday, March 1, 2000 BONNARENS: This authorizes the sale of the Awbrey Butte property for $1.7 million. LUKE: There are a couple of sites that will remain in Deschutes County's hands if we sell this property. Is that survey complete? BONNARENS: We submitted the survey to the City today. We should have about two to three months to go through this partitioning if all goes according to plan. There is one piece of property that we are going to keep, and it is described in Order No. 2000-046, Exhibit A. There is no official partition number from the City for us, so we just reference that there is property that the County is going to partition out, as referenced in a partition plan. DEWOLF: I move to approve Order No. 2000-045. S WEARINGEN: I second. VOTE: LUKE: No. DEWOLF: Yes. SWEARINGEN: Chair votes aye. (b) SIGNATURE of Order No. 2000-046, Authoring the Sale of the Awbrey Butte Property, Pursuant to Order No. 98-161 - Jim Bonnarens, Property Management BONNARENS: This is the Order that accepts the offer to purchase of the Awbrey Butte property. LUKE: There was some comment on Monday about Pinnacle, and since then we have received a notification from the Oregon Department of Revenue, and Pinnacle Tower is not just a little outfit. It has significant holdings in Oregon because it now owns all of Motorola's antenna sites. I'm very disappointed that considering the length of the land use process that has to take place in most cases, we didn't take some time to talk with them and to see if their offer could have been worked out. I'll be voting "no" on this. MINUTES of Board of Commissioners' Meeting Page 9 of 11 Wednesday, March 1, 2000 DEWOLF: I wish to point out that we had one offer to consider, and we either accepted or rejected it. It did fit the criteria that we had established. SWEARINGEN: I certainly believe that it accomplished what we set out to accomplish. That is, it was an offer between $1.6 and $2.1 million, which was established as the value of the property; and it also took care of OPB and the local broadcasters who have a significant investment in this site. While maybe Pinnacle may have offered another $100,000, there's no guarantee that it would have taken care of OPB and the local broadcasters. You can only count on what you have before you, and we had a legitimate offer with earnest money before us. While it would have been nice to get more money, it still took care of our basic needs and the community's needs. DEWOLF: I move for approval of Order No. 2000-046. SWEARINGEN: I second. VOTE: LUKE: No. DEWOLF: Yes. SWEARINGEN: Chair votes yes. (c) SIGNATURE of a Letter Re -appointing Ken Wilhelm to the Alcohol and Drug Planning Committee, with a Term Expiration of March 31, 2003. LUKE: I so move. DEWOLF: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. (d) SIGNATURE of a Letter Appointing Becky Jackson to the Alcohol and Drug Planning Committee, with a Term Expiration of March 31, 2003. LUKE: So moved. DEWOLF: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. MINUTES of Board of Commissioners' Meeting Page 10 of 11 Wednesday, March 1, 2000 (e) CONVENE AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT APPROVAL of the Weekly Accounts Payable Vouchers for the Sunriver Library County Service District (Construction) LUKE: I move approval of the weekly accounts payable vouchers for the Sunriver Library County Service District (Construction) in the amount of $2,777.72, subject to review. DEWOLF: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. Chair Linda Swearingen adjourned the meeting at 10:50 p.m. Dated this 1" Day of March 2000 for the Deschutes Count Board of Commissioners. /� /• MINUTES of Board of Commissioners' Meeting Wednesday, March 1, 2000 L. Svv-eariMaen Chai ;D77e��hiiisR. Luke, Commis ioner t Tom DeWolf, Commis ' ner Page 11 of 11 —De u0a February 22, 2000 File # CU-98=119/MP98-18 Daniel Kiesow application for non-farm dwelling in EFU zone One purpose of Oregon Land Use Planning is the long term preservation of resource land. Rural uses belong in rural areas and urban uses belong in urban areas. This parcel is surrounded on all four sides by farm uses. This is clearly an agricultural area. I believe this request, if granted, creates an incompatible use. If only Dan were to live there forever, it may not be a problem, but I can't decide based on Dan. I have to decide based on my best judgement of the issues at hand. Approval sets up too much potential for problems between neighbors. I don't believe this fits in with the General Suitability of the area. I believe this threatens the stability of the surrounding area. I vote to uphold the Hearings Officer and deny the application. If the vote is to approve this application and overturn the Hearings Officer, I would support all the conditions recommended by County Staff, plus requiring the additional 30' of right of way for the road and to find the appropriate method for recording the potential impacts (noise, smells) so that it is part of any record that would be seen by potential future owners of this poperty.