2000-711-Minutes for Meeting May 22,2000 Recorded 6/15/2000VOL: CJ2000 PAGE: 711
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ2000-711 * Vol -Page Printed: 06/20/2000 13:49:24
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:
Jun. 15, 2000; 1:47 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 6
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KNCH D
J 2 0 2000
M-ABoard
1130 N.W. Harriman St., Bend, Oregon 97701-1947
COUNTY CLERK (541) 388-6570 • Fax (541) 388-4752
www.co.deschutes.or. us
Linda L. Swearingen
Dennis R. Luke
EXCERPT FROM MINUTES Tom DeWolf
BOARD OF COMMISSIONERS WORK SESSION
MONDAY, MAY 22, 2000
1130 NW Harriman Street, Bend, Oregon
Administration Building
Chair Linda Swearingen opened the meeting at 10:00.a.m. Commissioners present
were Dennis Luke, Tom DeWolf and Linda Swearingen. Also present were Rick
Isham, Legal Counsel; Kevin Harrison, Roger Everett, Paul Blikstad and Barbara
Rich, Community Development; Kelley Jacobs, Juvenile Community Justice; Sue
Brewster, Sheriffs Office; Jim Bonnarens, Property Management; and Steve Scott,
the County's Real Estate Broker of Record. Also present was Ron Meckler, 9-1-1
County Service District; George Kolb, Road Department; and several citizens.
1. Citizen Input
There was none offered.
The Board then addressed an addition to the Agenda.
Before the Board was a Request by the Melcher Family LLC for Board
Approval of a Temporary Use Permit to Allow Construction of a Bank
Building Prior to Final Site Plan Approval.
(Discussion using a large map occurred.) Paul Blikstad indicated the Melchers
have applied for a road vacation at 51535 Hunting Road, La Pine in order to
begin construction of a bank building. He said the subject property is zoned La
Pine Commercial District (LPCD). General discussion then occurred between
the Board and Mike & Gloria Melcher.
Excerpt of Minutes of Board Work Session Page 1 of 6 Pages
Monday, May 22, 2000
Quality Services Performed with Pride
16.
DEWOLF: I move approval, subject to legal review.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Before the Board was a Discussion and Consideration of an Offer to
Purchase Deschutes County Property Located at 4th and Greenwood, Bend.
Steve Scott, the County's Real Estate Broker of Record, indicated the
prospective purchaser is Ray Sessler, who wants to buy the County's property
through a 1031 tax deferred exchange of a property in California. The listed
price is of the County's property $1,100,000, and the offer is for $1,050,000,
under the normal terms (10% down, 8.4% interest, 20 year amortization). He
stated it is subject to a 45 day feasibility, as the purchaser wishes to determine if
the property can be remodeled to suit his needs; closing would be January 1,
2001. At the end of the 45 days the buyer would redeem the $50,000 note.
Mr. Scott further explained that the buyer's intent is to remodel the building
significantly. The offer is for all of the property, including the three houses.
The three offices in the back are zoned residential but are being used as offices.
The buyer did not make it a contingency of his offer, but wishes to learn how
this situation can be handled. If the County vacates those properties, he would
have to file for zone changes to RH. The area is designated RH but not zoned
RH. He explained the purchaser would prefer the County file for a zone
change while it still owns the properties.
Chair Linda Swearingen indicated the County should probably do that anyway,
regardless of the outcome of this offer.
Rick Isham stated that the Board could conditionally approve the offer, and he
could get together with Steve Scott and work out the details. The Board then
directed Rick Isham to begin the rezoning process.
LUKE: I move approval of the offer to purchase, subject to legal review
of the contract.
DEWOLF: Second.
VOTE: LUKE:
DEWOLF:
S WEARINGEN:
Aye.
Yes.
Chair votes aye.
Excerpt of Minutes of Board Work Session Page 2 of 6 Pages
Monday, May 22, 2000
5. Before the Board was a Decision on an Appeal of Hearings Officer's
Decision of File No. CU -99-137/A-00-6, Denying a Conditional Use Permit
for the Establishment of a Non -Farm Dwelling on an Approximate Five -
Acre Parcel in the EFU Zone (Applicant.- Fred Hall).
Kevin Harris of Community Development discussed the timeframe of this
decision, indicating the Board is to make an oral decision today; June 14 is the
end of the 150 -day time period.
Commissioner DeWolf stated that there seemed to be some confusion on this
issue as it relates to the Edwards decision. He notd that the adjacent property is
not a licensed feed lot, there are dwellings all around, and it is a stone's throw
from the Redmond Urban Growth Boundary. He stated that the subject
property is within the natural progression of development.
Kevin Harrison indicated that the concept of a loafing area needs clarification.
Chair Swearingen explained that one needs more than a loafing area to have a
viable farm use. She stated that the Hearing Officer's interpretation of a feed
lot is mistaken in this case, and that just feeding hay does not make a feed lot.
Commissioner Luke agreed that a dwelling would not disrupt the character of
the area, and would be consistent with the use of the area. He further stated that
further examination of the definition of a feed lot would be desirable. He
further explained that areas for loafing are necessary on a farm, as part of
overall farm use; but a loafing area cannot constitute the entire use of the land.
He stated that if the property across the street were truly a feed lot, then every
farm that feeds hay would be considered a feed lot, which is not correct.
LUKE: I move to grant a permit for construction of a home, and
overturn the Hearings Officer's decision.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
6. Before the Board was a Discussion and Consideration of Signature of a
Grant Agreement between Deschutes County and the Oregon Department
of Environment Quality for Work Related to the La Pine National On -Site
Demonstration Project.
Excerpt of Minutes of Board Work Session Page 3 of 6 Pages
Monday, May 22, 2000
Roger Everett and Barbara Rich of Community Development indicated this is a
formalization of a grant agreement, and is not open-ended. The further stated
that it has been review and approved by Legal Counsel.
DEWOLF: I move approval.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
8. Before the Board was Discussion and Consideration of Signature of a
Letter Supporting Deschutes County Juvenile Justice State Diversion Plan
Kelley Jacobs of Juvenile Community Justice indicated this is a replication of
the present plan, and has been resubmitted to the State due to a change in the
amount that would be received in the Juvenile Crime Prevention Plan, which is
a part of the whole Diversion Plan.
DEWOLF: I move to approve.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
10. Before the Board was a Discussion and Consideration of Signature of a
Personal Services Contract between Deschutes County, by and through the
Deschutes County Fair Board, and John Patrick Young for Consultation
on Financial Matters Relating to the Operation of the Deschutes County
Fairgrounds.
Rick Isham explained the details of the contract with Pat Young, and stated that
the Fair Board wanted to add more services. He stated that he feels that if
services are to be added, they should be done by means of an addendum.
General discussion occurred regarding the services to be provided, and the
expectations of the Fair Board and the Board of Commissioners.
LUKE: I move approval.
SWEARINGEN: Second.
Excerpt of Minutes of Board Work Session Page 4 of 6 Pages
Monday, May 22, 2000
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONVENE AS THE GOVERNING BODY OF THE DESCHUTES 9-1-1
COUNTY SERVICE DISTRICT
18. Before the Board was a Discussion and Consideration of Signature of a
Contract with Hewlett Packard to Provide Warranty and Maintenance
Service on the Computer Hardware and Software Purchased from HiTech
Systems, Inc.
Ron Meckler explained that a separate agreement is needed for maintenance
from Hewlett Packard, and that it is going into the second year of maintenance
of the hardware of the CAD program. He further stated that this has been
budgeted.
Rick Isham stated that he has reviewed and approved the contract.
LUKE: I move approval.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
RECONVENE AS THE BOARD OF COMMISSIONERS FOR DESCHUTES
COUNTY
19. (d) Before the Board was a Discussion and Consideration of Awarding a
Contract for the Overlaying of Ward Road to the Low Bidder, Hap Taylor
and Sons, Inc.
DEWOLF: I move approval.
SWEARINGEN: Second.
VOTE: LUKE:
DEWOLF:
SWEARINGEN
Excerpt of Minutes of Board Work Session
Monday, May 22, 2000
Aye.
Yes.
Chair votes aye.
Page 5 of 6 Pages
Being no further discussion, Chair Linda Swearingen adjourned the meeting at
11:30 a.m.
Dated this 22nd Day of May 2000 for the Deschutes County Board of
Commissioners.
inda LAearinv-en, Chair
ATTEST: Pennis R. Luke, 6mmissioner
Tom DeWolf, Commissio
Excerpt of Minutes of Board Work Session Page 6 of 6 Pages
Monday, May 22, 2000