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2003-207-Minutes for Meeting March 17,2003 Recorded 3/26/2003Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF ADMINISTRATIVE LIAISON DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 17, 2003 Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly. Also present were Mike Maier, County Administrator; Tammy Credicott, Property Manager; Susan Ross, Commissioners'Office; and Nancy Craven, Attorney. Mark Amberg, Legal Counsel, and media representative Chris Barker of the Bulletin joined the meeting later. The meeting began at 1:00 p. m. Discussion and Consideration of Signature of Resolution No. 2003-025, Stating Deschutes County's Policy of Nondiscrimination on the Basis of Handicapped Status. This item was not on the Administrative Liaison agenda. Susan Ross said that this resolution was to have been discussed at the Wednesday, March 12 Board meeting, but was overlooked. (The Commissioners met at Bend High School that day.) The Resolution is required as a part of a federal grant package in regard to the La Pine Senior Center. DALY: Move approval. LUKE: Second. VOTE: DALY: Yes. DEWOLF: Yes. LUKE: Chair votes yes. Minutes of Administrative Liaison Page 1 of 10 Pages COUNTY OFFICIAL NANCYuTES BLANKENSHIP, COUNTY CLERKDS Q 2003.207 COMMISSIONERS' JOURNAL 03/26/2003 02;41;38 PM IIE111111111111 I I 1111 Monday, March 17, 2003 1. Discussion with Nancy Craven regarding Project/County Campus Rezoning Options. Nancy Craven, the attorney specializing in land use issues who was retained by the County, referred to an oversized map and gave an overview of the current zoning situation affecting the various buildings and building sites of the County's downtown campus. She explained the various options as they relate to the variety of zone and plan designations, and the ramifications of changing or not changing the designations. (A copy of her notes is attached as Exhibit A.) Since the Courthouse remodel is a special situation, it was decided to handle any zone or plan changes for the Courthouse separately (Phase I, Option 2). Ms. Craven added that the City of Bend is now updating its code, so it is possible that they will be open to input, and their progress in this regard can be monitored to determine how it might affect the County campus area. The County has five years to address any zone or plan change, if necessary, in regard to the new County/State building. 2. Update on County Projects. COIC Proposal Susan Ross explained that the Central Oregon Intergovernmental Council (COIL) has indicated they'd like to see a 20,000 square foot facility in the downtown area to house their offices and other agencies that are involved in economic development and employment issues. She explained that this would require the purchase of additional land, funding for construction and the addition of a parking structure. The group explained that there might be additional space available in the current Administration Building and Deschutes Services Building. However, Ms. Ross explained that it is COIC's wish to have everything housed in one building. After further discussion, the group indicated that COIC could certainly work with Bill Smith Properties regarding this issue, but that it is far too late for the County to include this kind of addition to the overall expansion project. They added that had COIC brought this to the Board's attention months ago, it might have been possible. Minutes of Administrative Liaison Monday, March 17, 2003 Page 2 of 10 Pages ATG BuildiWg Susan Ross said that it may still be possible to purchase the ATG building, which is located on Hill Street, just across the street and east of the CDD building. It has been in foreclosure for some time. Due to its proximity to the other County buildings and the fact that it was owned by a high-technology business, it could be an ideal location for the Information Technologies Department. Depending upon the asking price, the cost of the building could be paid from the savings that would be generated if the new warehouse building did not have to be specially built to accommodate Information Technologies. Mike Maier added that it makes sense to own this parcel, since it is located within the core area of the County's facilities. Commissioners Daly and Luke stated that they are certainly open for further discussion on this issue, and asked that more detail be obtained regarding the cost of purchasing the building and a breakdown of how the savings from the warehouse building portion could accommodate this purchase. Law Library Mike Maier explained that the Law Library's hours now mirror those of the Courts, due to security issues. In that regard, he pointed out that the current location of the Law Library creates a security problem in that if someone was able to enter the Law Library, access into the main Courthouse would be easy. He further said that the Law Library is required by law, but has only been inside or adjacent to the Courthouse by tradition. He suggested that the Law Library could possibly be moved to the old Bill's Electric building, which is still in the core area near the Courthouse. The current location of the Law Library could be utilized for a jury assembly room, or could be used for temporary storage of documents. Commissioner DeWolf asked that the use of the Law Library be monitored, and a determination made if it is necessary to have it in its current location. Susan Ross suggested that perhaps it could be relocated to the north end of the Courthouse building, which would provide a more secure access point. Minutes of Administrative Liaison Monday, March 17, 2003 Page 3 of 10 Pages Courthouse and District Attorney's Office A lengthy discussion then took place regarding the expansion of the Courthouse and the possible relocation of the District Attorney's Office. The District Attorney would like his group to stay in the Courthouse building. Information Technologies and possibly Victim's Assistance would be moved out. However, Commissioner DeWolf expressed concern that one of the reasons the County could justify the new County/State building and all of the remodeling projects is that two courtrooms will be needed; one very soon, the other in a few years. If only one new courtroom is put into place and the existing space is remodeled to accommodate the District Attorney's staff, that leaves a problem of needing another courtroom in the near future. After further discussion, the consensus was that the District Attorney's Office should move to the current Administration Building, which would result in less costs related to remodeling both now and later. This gives the Courts more breathing room. Mike Maier added that since the Law Library is really the responsibility of the Courts, they can decide how it should be housed. The Courthouse remodel will eliminate parking spaces that exist in front of the building now; however, it is felt that adequate parking would still be available in the areas around other County buildings that should make up for the loss of these spaces. The Purchase of Other Properties in the County Campus Core Area At this time a discussion took place in regard to the possibility of the County purchasing the remaining three lots that are located on Lafayette between existing County properties and the Parkway. Mike Maier explained that it makes sense for the County to purchase these properties now for long-range planning purposes, and that the funds necessary for this purchase could come from the expected savings in debt service; no additional bond would be necessary. The group also discussed the possibility of adding the motel property at the corner of Olney and Wall, which would help to make the County property in the area less broken up. The generally feeling was that it makes sense to purchase these kinds of properties for long-range planning purposes before the need is strong and while the prices are as low as they will ever be. Minutes of Administrative Liaison Monday, March 17, 2003 Page 4 of 10 Pages Commissioner Luke noted that the Lafayette properties would be an ideal location for someone to put in a cafe of some sort, for breakfasts, lunches and catering, due to the proximity to the large number of employees who will be housed in the various buildings. Ms. Ross is in the process of obtaining information from the County's real estate broker of record regarding the price of the Lafayette properties. Tammy Credicott stated that she is in the process of getting an appraisal on the County -.owned Brosterhous Road property, which has increased in value now that water and sewer services are available. Commissioner Luke suggested that after this information is known, perhaps the owners of the Lafayette properties would entertain the idea of an exchange. Liberty House Susan Ross said that the Liberty House manufactured home, which is currently placed out of the way in the northeast corner of the County's property, must stay with the County due to the $30,000 lien tied to it at this time. It is a transition house, and Gary Smith, Director of the Mental Health Department, has expressed concerns about it being permanently placed in that location. She further explained that originally it was placed next to the Park Place home so that supervisors in Park Place could also oversee Liberty House. Now that Park Place clients are housed in a leased property, this leaves Liberty House on its own, without supervision, in a questionable location. Mike Maier said he would check with Mr. Smith in regard to relocating the clients into leased property, and also how the lien situation might be handled. Susan Ross added that it would cost $30,000 to put the Liberty House home in place, which would be a waste of money if it needs to be moved again. Community Development Department Archiving It was brought up that Community Development has a great deal of archived information that will soon need to be moved from the Kidnastics building. After discussion, it was decided that the old Bill's Electric building could be utilized for this. Commissioner Luke emphasized that the windows should be boarded up to add security. Minutes of Administrative Liaison Monday, March 17, 2003 Page 5 of 10 Pages 4. Update on County Properties Tetherow House Tammy Credicott explained a letter than had been received from the Central Oregon Park and Recreation District that expressed their desire to take over the Tetherow House property. However, they indicated they would like to have financial assistance from the County, including but not limited to a waiver of building permit fees. In their letter, they also asked about water rights; whether the property can be deed to another entity in the future; and the timeline for restoration. Ms. Credicott had already drafted a letter of response, and asked for the group's suggestions regarding some of the items she was not able to address. (A copy of the draft letter is attached as Exhibit B) The Commissioners indicated that if the County had funding to improve the property, and if it made sense to do so, they would do it and would not deed away the property. They suggested that because the State and local historical groups feel that there is very little left of the historical structure, that it be removed due to liability issues and the cost to improve it, and perhaps a kiosk, picnic tables and similar improvements be placed instead. They also pointed out that a septic system cannot be installed, and that the existing well should not be used since it is fed directly from the river. In addition, the existing road is marginal and heavy use of the area should not be encouraged. Due to its remoteness, there is also a potential problem of inappropriate use of the property. The consensus of the Commissioners was that they would contribute up to $10,000 towards a marker and the development of a picnic area, but nothing more. They also indicated that a reversionary clause should be included in the deed so that if the COPRD discontinues the allowed use of the property, it would revert back to the County. Within a couple of days, Ms. Credicott will provide a final draft of the letter to the COPRD for the Commissioners' review and possible signature. Minutes of Administrative Liaison Monday, March 17, 2003 Page 6 of 10 Pages Smith Rock Way Ms. Credicott explained that two 40 -acre lots of the County's property off Smith Rock Way have been sold; however, the County still owns 240 acres that is currently landlocked. She said this property was previously appraised at $1,700 per acre, and anticipates this has not gone up because there is no access. She asked if she could approach the adjacent owners to find out if they might be interested in purchasing this property. Commissioners Luke and Daly indicated that she should do so, and that the $1,700 per acre price is acceptable. 4`" Street Property, nd Commissioner Luke then asked Ms. Credicott to find out the location of the access point to County -owned property on Fourth Street. He suggested that perhaps this property could be donated to Habitat for Humanity. After further discussion, it was decided that Ms. Credicott should also approach the owners of the adjacent properties to find out if they are interested in purchasing this property, as the grade is very steep and access could be difficult. 5. Further Discussion of Eastern Oregon Rural Alliance. Per Commissioner De Wolf, this item will be discussed at the next Administrative Liaison. 6. Other Issues. Commissioner DeWolf said that the Cultural Trust needs to appoint a fiscal agent, and he feels that this agent should be the County. This involves holding dollars that do not have a specific use at this time. Minutes of Administrative Liaison Monday, March 17, 2003 Page 7 of 10 Pages DEWOLF: I move that Deschutes County be declared the fiscal agent for Cultural Trust funds. LUKE: Second. VOTE: DALY: Yes. DEVATOLF: Yes. LUKE: Chair votes yes. TEA -21 Fund In regard to TEA -21 (federal transportation related) funding requests, Commissioner DeWolf pointed out for the record that the County is not competing with COACT projects. Reduced County Work Hours The group then discussed the need for some County departments to reduce employees' work hours due to budget constraints. Commissioner DeWolf stated that although employees of Mental Health who are going to be laid off were sad to learn about this, some of them expressed their appreciation of the early notice, which gives them time to seek other employment or make appropriate plans. Commissioner DeWolf then expressed his thought that he feels other non- essential departments, such as the Commissioners' Office, Legal, Risk, Finance and others, should consider going to a four-day work week. Excluded from this would be those departments that are self-funded or who are not impacted by State budget cuts, such as Road, Solid Waste, and Community Development. Mike Maier added that making this kind of move would save the County approximately $43,000 per day. On the other hand, he noted that by making these sacrifices at the local level, it enables the State to continue its irresponsible budgetary activities. Minutes of Administrative Liaison Monday, March 17, 2003 Page 8 of 10 Pages Commissioner Luke said that he would prefer to see a ban on County travel and attendance at conferences first, and wait for the budget to be developed. He added that cutting back hours also punishes citizens who need the services. Other input. was that the general public will not appreciate the severity of the budgetary situation until they feel it; and that most of the people who are feeling the impacts that this time are the clients of the health and mental health departments. The general public has not yet been impacted by the cuts to health, mental health and public safety. The consensus was to wait until the budget has been more fully developed to determine if the County can and should fill in any budgetary gaps by reducing the work hours of a greater number of employees. 3. Presentation regarding Redmond Radio Station Tower. At this time, Sam Kirkaldie and Bud Hutchinson, representing Sage -Com, Inc., joined the meeting, along with Chris Barker of the Bulletin and Damian Syrnyk of Community Development. Mr. Kirkaldie gave a brief overview of Sage-Com's proposal to lease County - owned property that is located near the Redmond Humane Society and the Redmond Airport, in order to place a radio tower and begin to operate KRDM, a local AM radio station. He added that Redmond has been without a local station for some time. He said that. he has been working with Carrie Novick of the Airport as well as the FAA, and this location would not be in the airport corridor. He also presented letters of support from the City of Redmond and the Redmond Chamber of Commerce. Commissioner Luke said that the reason Mr. Kirkaldie and Hutchinson were asked to make a presentation is the Commissioners' concern regarding the public's often negative opinion of towers. He added that the City feels this eastside location is good, and doesn't think there will be much public opposition. Tammy Credicott stated that she wants to make sure this does not impact the County's ability to subdivide the rest of the property in the future. She also said that the market value for this lease has not yet been determined. Minutes of Administrative Liaison Monday, March 17, 2003 Page 9 of 10 Pages Mr. Kirkaldie explained that they looked at other properties, but those won't work because of their proximity to the Airport. He added that he also met with the Sheriff in regard to the Sheriff's Office potentially placing an antenna on the tower. Ms. Credicott said that she hopes to have information on the value next week so that Mr. Kirkaldie could proceed. The Commissioners indicated that even though the tower would be less than 200 feet high, they still want to see this go through some kind of public process with the City of Redmond. If the City doesn't require a hearing and doesn't want to go through that process, the County should do so. 4. Other Items. Prior to Mr. Kirkaldie's presentation, the Commissioners went into Executive Session, called under ORS 192.660(1)(h), pending or threatened litigation. After the completion of the Executive Session, Mr. Kirkaldie arrived, and agenda item no. 3 was then addressed. Being no further items brought before the group, the meeting adjourned at 3: 35 p. m. DATED this 17th Day of March 2003, for the Deschutes County Board of Commissioners. ATTEST: (&T(A �'ILA�- Recording Secretary Dennis R. Luke, Chair 414r Tom DeWolf, Commis 'o er 2 �,//* Michael M. Daly, Comm' sioner Minutes of Administrative Liaison Monday, March 17, 2003 Page 10 of 10 Pages Phase 1 (Adding Courtrooms) CL zone \ > Existing designations L�tG(/1�Zi�d,Lt1 PF Plan / Option 1: -- Variance to lot setback, site plan, design review -- All concurrent -- Parking on campus -- Administrative Option 2: -- Zone Change (consistent with plan) to PF -- Concurrent site plan -- Setback is not an issue in PF; no design review -- Parking — handled on campus -- Zone change — hearings officer/council -- Site Plan — administrative Phase 2 (Campus Issues) CL, IL, CG zones \ > Existing designations PF and CL plan Option 1: -- Plan and zone all to PF -- No design review -- Include text amendment to allow parking on campus basis for government/school in code update or separate application Option 2: -- Put all in CBD — Plan amendment -- Revise all other plan/zone inconsistencies -- No design review -- Parking handled per downtown policy AVA January 14, 2003 ZPLEASE REFER To FILE NO.: Central Oregon Park and Recreation District Attn: Matt McDonald PO Box 843 Redmond, OR 97756 Dear Matt, Thank you for submitting the question and concerns of the Park District regarding transfer of ownership of the Tetherow property to your organization. We understand this is a significant decision for the District and hope we have answered your questions thoroughly. 1) Will the county waive any and all permitting fees necessary for the development and/or reconstruction of the Tetherow house and surrounding property? 2) As COPRD will be assuming a financial burden otherwise carried by the county, will the county be willing to provide some funds to assist in the redevelopment of the property? Can such funds be released from the county parks fund? ODOT is offering a similar type of fund transfer in regards to the removal of the historic Redmond depot. 3) What if any requirements will be placed on COPRD in regards to the house and property? Specifically: Are there any requirements to restore the house? If so what is the timeline for restoration? • There are no requirements by the Commissioners to restore the house. That decision is up to COPRD. However, if the decision is made to demo the house, the property applications and process will need to be followed through the Deschutes County Planning Department. Also, if the decision were made to restore the house, the Commissioners would need to approve the plans for restoration and would be interested in the funding sources for carrying out such a project. Does the property come with any water rights? • There are no water rights associated with this property. In what matter will the deed be conveyed? • Per ORS 275.330, the property would be deeded with a reversionary clause, in which case the property would automatically revert to the County if the lands are not used for Park and Recreation Purposes, or if the district to which the lands are conveyed is dissolved. 6�dj��� (ZS Would the county retain any oversight of the property? • The County would not oversee any day-to-day workings of the property or house. The only oversight the Commissioners would continue, is to review and approve and major improvements or changes to the land or house. This includes demolition or construction of structures. 4) Can COPRD transfer the title to the property to another entity if it is deemed necessary in the future? If so what are the conditions of that transfer? • COPRD cannot deed the property to another entity. Due to the reversionary clause in the deed, the property would automatically revert back to the County. In order to give COPRD time to review the questions and discuss any further concerns, we are extending the deadline for written response to April 15, 2003. If COPRD accepts the offer, a formal presentation detailing the desire and ability to assume responsibility for the Tetherow property, including plans for the structure, sources of possible funding for any renovations, as well as planned efforts for preservation of the site will need to be made for a later date. Please contact me at the address or phone number listed above if you need further information or if you have additional questions. Thank you, DATED this day of , 2003. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair TOM DEWOLF, Commissioner MICHAEL M. DALY, Commissioner cc: Deschutes County Property Management COPRD Central Oregon Park and Recreation District PO Box 843 / 465 S.W. Rimrock Dr. Redmond, OR 97756 (541) 548-7275 March 3, 2003 Dear Ms. Credicott: Per our conversation last week I have compiled a list of questions/concerns that the Central Oregon Park and Recreation District (COPRD) board of directors would like the Deschutes County Commissioners to address in regards to the district assuming ownership of the Tetherow house and surrounding property. Please find the list below: Ouestions/Concerns reearding the Tetherow house and property Will the county waive any and all permitting fees necessary for the development and/or reconstruction of the Tetherow house and surrounding property? • As COPRD will be assuming a financial burden otherwise carred by the county, will the county be willing to provide some funds to assist in the redevelopment of the property? Can such funds be released from the county parks fund? ODOT is offering a similar type of fund transfer in regards to the removal of the historic Redmond depot. What if any requirements will be placed on COPRD in regards to the house and property? Specifically: o Are there any requirements to restore the house? If so what is the timeline for restoration? o Does the property come with any water rights? o In what matter will the deed be conveyed? o Would the county retain any oversight of the property? • Can COPRD transfer the title to the property to another entity if it is deemed necessary in the future? If so what are the conditions of that transfer? It is my understanding that the commissioners intend to respond to the above stated concerns in writing as well as in a meeting with the COPRD board of directors. As previously discussed likely meeting dates include Monday March l Otb and Monday March 17th. Please contact me to confirm the meeting date. Sincerely, *IkV� 4 Matt McDonald Community Affairs Coordinator, COPRD 'Always Ret3c/y TO Plc3y. , , co Pk[) Central Oregon Park and Recreation District PO Box 843 / 465 S.W. Rimrock Dr. Redmond, OR 97756 (541) 548-7275 March 3, 2003 Dear Tammy Credicott: This letter is intended to provide interested parties and individuals with an update on the Central Oregon Park and Recreation District's (COPRD) progress regarding the acquisition of the Tetherow house and surrounding property. If you would like to be removed from our mailing list prior to further updates please contact COPRD at 548-7275. In a letter dated November 14, 2002 issued by the Deschutes County Property Management office a formal offer was made to COPRD regarding ownership of the Tetherow house and surrounding property. Since that time COPRD has been actively seeking both the input and information necessary to make a sound judgment as to the benefits and drawbacks of assuming ownership. Please reference the list below for a detailed account of COPRD's activities in this matter. 1. Conducted a public hearing on December 4, 2002. Tetherow neighbors, descendants, historical groups and other members of our community as well as the COPRD directors were present Various concerns and issues were discussed in an open forum. 2. Determined estimated construction costs for various levels ofrestoration. 3. Determined estimated insurance costs dependent upon the final land and facility use. 4. Determined estimated maintenance costs. 5. Conducted a COPRD board of directors workshop on February 24, 2003. Concerns regarding the historical status of the house and the components of the offer were discussed. Tammy Credicott of the Deschutes County Property Management office and Derek Stephens of Yankee Design and Building LLC were present to answer questions regarding the property. Remaining for the COPRD board of directors is a meeting with the Deschutes County Commissioners to address and finalize all issues regarding the transfer of property ownership. A formal decision regarding the acceptance or rejection of the offer is expected prior to the March 31d deadline established by the county. It is our hope that this letter is met with the assurance that the district is moving forward in a responsible manner towards the goal of acquiring a treasured asset for our community. At all times public comments and opirdons are welcome and encouraged Sincerely, Matt McDonald Community Affairs Coordinator, COPRD 'Always Rec?c/y To Play...