2000-854-Minutes for Meeting August 21,2000 Recorded 8/25/2000VOL: CJ2000 PAGE: 854
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-854 * Vol -Page Printed: 08/25/2000 11:59:42
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DATE AND TIME:
DOCUMENT TYPE:
Aug. 25, 2000; 11:26 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 7
MARY SUE PENHOLLOW�E UN HED
DESCHUTES COUNTY CLERK q 2000
-----------------
Board of Commissioners
71 PQ N.W. Harriman St., Bend, Oregon 97701-1947
u (541) 388-6570 • Fax (541) 388-4752
COUNTY CLEM www.co.deschutes.or.us
Linda L. Swearingen
Dennis R. Luke
EXCERPT OF MINUTES Tom DeWorf
BOARD OF COMMISSIONERS' WORK SESSION
WEDNESDAY, AUGUST 21, 2000
1130 NW Harriman St., Bend, OR
Administration Building
Chair Linda Swearingen opened the meeting at 10:00 a.m.
Commissioners present were Linda Swearingen, Dennis Luke and Tom DeWolf.
Also present were Mike Maier, County Administrator; Ted Schassberger,
Commissioners' Office; Sue Brewster, Sheriff s Office; George Kolb, Road
Department; Jim Bonnarens and Tammy Credicott, Property Management; and
Kevin Harrison, George Read, Geralyn Haas and Damian Syrnyk, Community
Development. Also in attendance were Scott Johnson, Commission on Children
and Families; Dan Peddycord, Health Department; Rick Isham, Legal Counsel;
County Broker of Record Steve Scott; representatives of the media, and
approximately ten citizens.
1. Before the Board Was Citizen Input.
WILLIAM KUHN:
My name is William Kuhn; I live within a landscape management area, within a
wildlife area overlay and well within the Tumalo winter deer range, at 65575
Sizemore Road. I'm here to ask for a clarification, specifically from Commissioner
Luke. At our meeting on August 9, George Read made a judgment decision to
reject our code violation complaint. To date we have not received a written
confirmation of his judgment decision.
Excerpt of Meeting Minutes Page 1 of 7 Pages
Board of Commissioners' Work Session
Monday, August 21, 2000
Quality Services Performed with Pride
KUHN:
Because the judgment decision was in direct conflict with the stated intent of this
Commission; because it is in direct conflict with previous written statements by
Mr. Read; because CDD is required to provide public notice whenever judgment is
exercised; and because we would like to appeal such a grievous error in a timely
manner, we would simply like to know how and where to make an appeal.
S WEARINGEN:
You know that Commissioner Luke on his own is speaking for himself, and one
Commissioner cannot act on behalf of the entire Commission.
LUKE:
We didn't act, but we went through his list. The only thing that wasn't taken care
of in the meeting that we had was the color of the paint on the house. George
indicated that is being taken care of.
GEORGE READ:
The issue is a code enforcement issue and is under investigation. What we
indicated to Mr. Kuhn at the meeting was that the neighbor that the complaint was
made against had submitted a survey, and showed that the house was within 400
feet of the road. The gentleman's attorney's contention is that this satisfies the
code, and that is what I told Mr. Kuhn.
We have not made a decision, I did not make a decision at that meeting, I pointed
out that it looked like that was a legitimate way to read to code, and that I was
uncertain that we would proceed to go through an enforcement process, including a
citation to district court or circuit court, based upon that. Mr. Kuhn submitted some
additional information that included setbacks on an old, unrecorded minor partition
plat, and he subsequently last week submitted a bunch more information. We are
reviewing that, and I am waiting to meet with Rick Isham to talk with him about it.
However, my understanding of the policy that's been in effect since during the
early 1980's in the County is that when the County requires a setback as a
condition of approval of a partition and it is put on the plat, that when the zoning
changes there has always been a question as to whether we enforce those,
particularly when they are unrecorded plats. We don't necessarily look at those.
So there is a legal issue there, and I need to meet with Legal to find out if we do
that. However, I want to speak directly toward some unwarranted criticism to me
personally. I normally make those calls, but I want to recommend that you have
that hearing here.
Excerpt of Meeting Minutes Page 2 of 7 Pages
Board of Commissioners' Work Session
Monday, August 21, 2000
M77:1D
My personal opinion is that this has gotten way out of hand, and there's some
name-calling and accusations of impropriety on my part, and I would just as soon
have the Board make this decision and get it out of our hair once and for all.
DEWOLF:
That "once and for all" part is one that just never seems to happen in planning work.
That's true. The issue is, how can you appeal a decision whether or not to enforce
the code. And we have some case law, relatively recent, that says code
enforcement is not a land use decision. What is happening here is it is being called
a land use decision, and we're being asked to put something in writing one way or
the other so that it can be appealed.
My understanding is the County or the Board can choose how to enforce this code
or whether to enforce this code. Particularly the code enforcement manual sets up
kind of a priority of how you make that decision, and that's what I would like to
bring to the Board.
DEWOLF:
So, are you asking us to hold a hearing on code enforcement issues then?
My suggestion is that we just go ahead and get it out on the table, and you can
make a decision.
S WEARINGEN:
I think we need to talk with Legal Counsel before we set that precedent.
READ:
That's really what I was waiting to do, and I had spoken with Dennis and he
recommended that be done.
S WEARINGEN:
We'll do that and contact you.
Excerpt of Meeting Minutes Page 3 of 7 Pages
Board of Commissioners' Work Session
Monday, August 21, 2000
DEWOLF:
It sounds like what you said just prior to you recommending we do this is that code
enforcement is not the type of thing that is appealable. If we make a hearing out of
it, then it is.
READ:
My opinion is that it wouldn't be in that case, either. However, what I want to do is
provide a forum so that all the things could be laid out. I must be missing
something or am not hearing it right.
SWEARINGEN:
I certainly know from experience that we've listened to all of Mr. Kuhn's
complaints for years, and I don't believe we're ever going to be able to resolve
things in a way that totally pleases Mr. Kuhn and his wife. I certainly don't want to
make an exception just because he has made some remarks about you that you
don't feel comfortable with, because that happens on an ongoing basis.
He makes remarks at me and other County Commissioners, and we're in a position
that we'll just have to deal with him. If he wants to call us crooks, that's up to him.
We know that is not the case, and we know that it is a neighborhood dispute. I
think we need to talk with Legal Counsel before we move on.
KUHN:
I would like it to be made perfectly clear that I have never called any County
Commissioner a crook. That is inappropriate for you to make that implication.
S WEARINGEN:
I'm sorry that you believe that. We have tapes of a hearing a couple of years ago
that unfortunately I was not able to attend, and the accusations you made against
Bob and Nancy were totally unwarranted. I just resent the way that you send
derogatory remarks to us. I believe that we have always been extremely kind and
gracious to you.
You certainly have a right to your own opinion, but to say that because we do not
see things the way you see them makes us less than responsive, and that there are
improprieties, is just not right. Before I will sit here and hear this on an appeal, I
want to talk with Legal Counsel.
- End of Item No. 1 -
Excerpt of Meeting Minutes Page 4 of 7 Pages
Board of Commissioners' Work Session
Monday, August 21, 2000
16. Before the Board was a Discussion and Consideration of Rejecting an Offer
Made on the Health Department Property, and Reviewing and Signing a
Counter-offer
Jim Bonnarens explained that the County's Broker of Record, Steve Scott, received
an offer of $950,000 on the County's property at 4th and Greenwood. The listed
price is $1,100,000. He recommended rejecting the offer, and submitting a
counter-offer for $1,050,000. There would be some conditions for the County to
address regarding the zoning of part of the property.
LUKE: I move that we accept our Agent's recommendation, and counter-offer
at $1,050,000, with the conditions listed.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
17. Before the Board was a Discussion and Consideration of Signature of a
Listing Agreement to Allow.Steve Scott & Co., Realtors, to Market a Property
Located in North Deschutes County.
Jim Bonnarens indicated the County has tried unsuccessfully to sell this 40 -acre
parcel, and recommended it be listed with the Broker of Record.
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
S WEARINGEN: Chair votes aye.
18. Before the Board was a Discussion and Consideration of Signature of an
Assignment of a 1992 Agreement between Deschutes County and Broken Top
to Fund Off -Site Improvements on Washington Boulevard, Bend.
Rick Isham indicated that in November 1998, Broken Top Subdivision asked to
transfer a purchase agreement entered into with Deschutes County in 1992 to fund
offsite improvements, predominately sidewalks on Washington Boulevard.
Excerpt of Meeting Minutes Page 5 of 7 Pages
Board of Commissioners' Work Session
Monday, August 21, 2000
Isham stated that this agreement has gone back and forth, and apparently is in a
form now acceptable to the City. The City has signed it, but Broken Top has not
signed it yet. If the Board signs this agreement and Broken Top agrees to it, the
monies that are held in escrow for the sidewalks will be released to the City of
Bend pursuant to a separate agreement.
In addition, there is a recital in there regarding the requirement of Broken Top to
pay $100,000 to the State Highway Department for the purchase of funding a light
at the intersection of Mt. Washington Boulevard and Century Drive. In lieu of that
payment, which actually Broken Top tried to make and the State Highway
Department rejected on the grounds that they had no means of taking funds on
deposit for a future improvement, but this seems inconsistent with some of their
other actions.
On my advice, Broken Top was allowed to proceed even though the payment was
not accepted. That was an unresolved issue. They resolved that directly with the
City of Bend in regard to the intersection improvements that are planned for Mt.
Washington Boulevard at Century Drive, so that outstanding claim will be liquidated
by payment from Broken Top to the City. This takes us out of any more
management and collection of funds for Broken Top, transfers the funds to the City,
and allows the City to manage those funds in regard to the improvements that are
required under the development agreement.
It is not a problem signing before Broken Top does, because it goes to the title
company that is holding an additional amount, and once that's closed the title
company will make payment directly to the City of Bend.
LUKE:
S WEARINGEN:
VOTE: LUKE:
Move approval.
Second.
DEWOLF:
S WEARINGEN:
Aye.
Yes.
Chair votes aye.
Before the Board was Consideration of Chair Signature of an Oregon Liquor
Control Commission License for Paulina Lake Lodge, Inc. (Change of
Ownership); and Oregon Liquor Control Commission License Renewals for:
Excerpt of Meeting Minutes Page 6 of 7 Pages
Board of Commissioners' Work Session
Monday, August 21, 2000
■ Terrebonne Mini -Market, Inc.
■ Deschutes River Trout House, Ltd.
■ R.J.B.'s Restaurant & Sports Lounge
■ La Siesta Cafd
■ Ivy Food Stores, Inc.
■ Homestead Tavern
■ American Legion Post #45, La Pine
■ Moose Lodge #323, Redmond
■ Ray's Market, La Pine
LUKE: Move approval.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
S WEARINGEN: Chair votes aye.
Chair Linda Swearingen adjourned the meeting at 11: OS a.m.
- END OF EXCERPT OF MINUTES -
Dated this 21St Day of August 2000 for the Deschutes County Board of
Commissioners.
ATTEST:
Excerpt of Meeting Minutes
Board of Commissioners' Work Session
Monday, August 21, 2000
nda L. S.W#arfngen, Chair
tennis R. Luke, Commissio er
Tom DeWolf, Commissio
Page 7 of 7 Pages