2010-10-Minutes for Meeting January 04,2010 Recorded 1/12/2010COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 1410'10
COMMISSIONERS' JOURNAL
11111111 III 01/12I2010 10;24;13 AM
IIIIIIIIIIIIIIIII
2010-10
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
If this instrument is being re-recorded, please complete the following
statement, in accordance with ORS 205.244:
Re-recorded at the request of
[give reason]
previously recorded in Book _
or as Fee Number
to correct
and Page
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JANUARY 49 2010
Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney.
Also present were Erik Kropp, County Administrator; and, for portions of the
meeting, Sheriff Larry Blanton and Sergeant Ruth Jenkin; Susan Ross and Teresa
Rozic, Property & Facilities; Anna Johnson, Communications; David Givans,
Internal Auditor; Will Groves, Community Development; Hillary Borrud of The
Bulletin; and one other citizen.
Chair Luke opened the meeting at 1:30 p.m.
1. Property Management Update.
Teresa Rozic talked about the Heart of Oregon Corps' proposed low-income
home building project. They are seeking a residential lot to be donated by the
County. She said there are very few residential lots in the County's inventory.
There is a 1/3 acre lot in Redmond with access issues. The home would go to a
low-income family, but Ms. Rozic is not sure of the details or restrictions of any
future sale. The County would have to perfect the access, including paving the
street to the property.
Commissioner Baney stated that she would prefer that this group partner with
Redmond Habitat for Humanity rather than duplicating services. Chair Luke
stated that the Habitat crew is not authorized to use certain tools, etc., and that
might be the difference.
Ms. Rozic said that there is a stipend or salary paid to the Heart of Oregon
group, and Habitat is all-volunteer. Chair Luke stated that if the lot is worth
$95,000, it is questionable as to whether it should be given away. Ms. Rozic
replied that this property has been out to bid twice and never sold at that price.
Minutes of Board of Commissioners' Work Session Monday, January 4, 2010
Page 1 of 5 Pages
Chair Luke asked that perhaps pursuing a zone change would be a good idea
since it is next to commercial. Commissioner Unger suggested that it would be
expensive to get the property to a point where it can be developed.
Ms. Rozic said that a private property owner wishes to purchase a small parcel
that was never fully dedicated as a public road. This means that the property
owner has no legal access even though the road has been used as such for years.
They have negotiated easements with Bend Research, which owns other parts
of the roadway, but the people are not able to sell their property without full
access that is needed through the County's property.
Kristin Wigle, the person who is trying to close escrow on her property,
clarified that she does not want to buy the property; she thought that the County
would dedicate it as a road since it has been used as one all along. She would
like to obtain an easement that would better serve everyone in the area. It is of
no value to anyone else.
Ms. Ross stated that dedicating it as a road takes a lot of time. The Assessor
indicated that it is worth $190. Ms. Rozic added that the County charges a
$1,000 processing fee to handle this type of transaction.
Mr. Kanner asked that this item be included on the Wednesday, January 6
Board agenda.
2. Discussion of Memorandum of Agreement with the Division of State
Lands.
Mr. Kanner said that the grant award agreement just arrived today. The
agreement relates to development of the south Redmond tract near the Fair &
Expo property. He said there is no plan for the property at this time, other than
as a buffer zone. If it is rezoned to industrial, it is unlikely that this zoning can
change for at least twenty years. This would bind the hands of a future Board if
a different use were desired. He feels DLCD would block any attempt to
rezone.
The agreement serves as notice that the two entities will work together on this
property. The Division of State Lands assumes that this helps to show that
there is a critical shortage of large lot industrial land, thus necessitating a
request for Redmond to allow an expansion of the urban growth boundary.
Minutes of Board of Commissioners' Work Session Monday, January 4, 2010
Page 2 of 5 Pages
Commissioner Baney asked if there are other uses that are limited and needed in
this area. Ms. Ross stated that there appears to be no urgent need for other
types of property.
Commissioner Unger said that he supports the MOA to keep the conversation
moving forward.
3. Other Items.
Sheriff Blanton discussed support for the jail expansion project. He plans to
schedule meetings with all Deschutes County governmental entities, as well as
other organizations and homeowners associations. He will also plan town hall
meetings to educate the public. He said that he would appreciate the
Commissioners' participation as often as possible.
Part of the jail expansion would include a courtroom addition that could also
allow for video arraignment purposes, which helps the courts. Ruth Jenkin
added that the courtroom area would be located close to the front entrance.
Commissioner Baney stated that having video arraignment would save the
County funds in regard to transport of prisoners. Susan Ross stated that the area
would be shared, to save expenses for both the Courts and the Jail.
Chair Luke said that the federal court system is interested in having a location
in this area, and would possibly lease a portion of the property. Ms. Ross stated
that it is designed as a fully functional courtroom to accommodate staff, a
judge, records retention and so on, but that the Courts, at least at this point,
would not be able to utilize it due to funding issues. Commissioner Baney
asked what it would cost to have the plan reevaluated to accommodate more
video arraignment and less courtroom space.
Sheriff Blanton said that the project was greatly scaled down from the original
plan. He feels that everything that is now included is needed. However, he is
concerned that if the area was established as a shell and not finished, it would
be detrimental because of its location. Dave Kanner said that even if the area is
unfinished, it still requires utilities and maintenance. Commissioner Unger
asked what the difference would be to do the same work later. Ms. Ross stated
that it always costs more later, and there would be complications.
Minutes of Board of Commissioners' Work Session Monday, January 4, 2010
Page 3 of 5 Pages
Sheriff Blanton stated that his work would be to educate the public and make
sure they understand what is needed. Commissioner Baney stated that she
understands that it is a lot less money to have video arraignment instead of
courtroom space at this time. Sheriff Blanton proposed that Ms. Jenkin and Ms.
Ross scale down the courts addition, which could be used as courtroom/video
arraignment space without room for the full-time staff.
Commissioner Baney asked when the Board would evaluate which properties
that could ultimately be sold to help with the funding. Dave Kanner said that a
resolution is needed to establish the fund, and then the properties could be
identified.
It could be called the Jail Debt Service Fund. Chair Luke stated that property
might be sold to pay off current bonds to retire them earlier, so perhaps the title
should be less specific.
Sheriff Blanton wanted to know when the Board would officially put this on the
May ballot. Sue Brewster is working on the ballot title at this time.
Executive Session, under ORS 192.660(2)(e), real property negotiations.
The Board went into executive session at 2:30, adjourning at 2:50 p.m.
Mr. Kanner asked about setting a date for the annual goal setting retreat. The
previous goals would be addressed and priorities and accomplishments
established going forward. Tentatively the mornings of January 27 and 28 were
set aside for this purpose.
Commissioner Unger brought back the idea of a facility to be shared with the
Red Cross and other entities. He thought that perhaps there might be federal
funding available for such a project. Chair Luke said that there were cities and
counties, the Sheriff's Office, the hospital and others involved. He suggested
Commissioner Unger speak with Don Weber of Emergency Services.
Being no further items addressed, the meeting adjourned at 3:35 p.m.
Minutes of Board of Commissioners' Work Session Monday, January 4, 2010
Page 4 of 5 Pages
DATED this 4th Day of January 2010 for the Deschutes County Board of
Commissioners.
Dennis R. Luke, Chair
Alan U er, Vice Cho '
ATTEST:
Tammy Baney, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, January 4, 2010
Page 5 of 5 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., MONDAY, JANUARY 4, 2010
1. Property Management Update - Susan Ross
2. Discussion of Memorandum of Agreement with the Department of State Lands
- Dave Kanner
3. Other Items
Executive Session, under ORS 192.660(2)(e), real property negotiations.
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real
property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated.
If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
o
H
(V
L
G
f0
~
c
E
v
Q)
G
o
s
a
-I
C~
~
N
V
N
OJ
~
4
t~
C
C
4
Q)
CO
a)
m
zl~
0
I
b
o
l
J
ZA
0
December 22, 2009
Property & Facilities Department
Susan C. Ross, Director
14 NW Kearney Street, Bend, OR 97701-1960
(5411388-6594 • Fax: (541) 317-3168
www. co. deschutes. or. us
TO: Board of Commissioners
FROM: Susan Ross, Property & Facilities Director
RE: 1/4/10 Work Session Staff Report - Property Management Updates
Staff will be discussing the following items with the Board at its January 4, 2010,
Monday work session:
• Heart of Oregon Corps - David Holmes, Director, is requesting a donation of
vacant residential land that the program can use for its "Youth Build" project,
where the 24 youth enrolled in the program will construct a home for a low
income family. The Corps has a three-year grant to support the program.
Youth will learn construction skills and establish work history. Hayden Giving
Fund and Housing Works are partners. Deschutes County does not have
many residential lots in its inventory. If the Board wants to participate, staff
recommends perfecting access to a .37-acre parcel north of Evergreen
Avenue in Redmond then donating the lot to the program. Lot is zoned R4,
Residential High Density; current RMV shows $95,120. This parcel has been
offered at auction twice and received no bids. See attached map "A."
Research Road Private Sale - Trevor and Kristen Wigle own approximately
4.77 acres immediately west of a county-owned strip of land that is 30' x
330'. The Wigles recently realized that the county strip of land which they
assumed was a public way was not such and their property therefore had no
legal access. The Wigles wish to purchase the strip of land (which was
acquired through tax foreclosure). The property has a current assessed value
of $190 according to Assessor records. State law directs counties to use the
assessed value in determining values for properties counties may sell
outright. This parcel obviously meets the requirement that the property value
is less than $15,000 for an outright sale. See attached map "B."
• Terrebonne Property - Deschutes County's cartography group brought this to
our attention. Deschutes County acquired an improvement-only account by
Quality Services Pel formed with Pride
tax deed in 1992. It is a utility building of approximately 900 square feet.
According to the Assessor's office, it has a current market value of $1,190.
The Terrebonne Assembly of God Church acquired the land in 2006. They
believed that the building, now used as the youth center, was included in the
transaction. They have maintained the building in good condition and use it
regularly for services and activities for youth. Staff recommends that the
Board donate the building to the church. According to the church
administrator, they will accept the building "as is" and states that the structure
is very important to their congregation. See attached map "C."
We are requesting this nextilast item be discussed in executive session
because it involves a possible real estate transaction.
• Possible Land Exchange - Staff needs direction from the Board on whether
or not the County is interested in pursuing a possible land exchange.
P 660.0 450 14
IV a, 450.
403 W 405
406
L,n 4,80 AC C3 to
14.70 AC
M P tl- l~• n `N, 4.95 AC
hA
N
660.09 co 385.00
00
C®UlWt ep-tV e P 416 417 LO LnI
C) CN 4.77 AC 0.2 AC ° , 3550.48
~ fax OR 450,1
' 407
330.01 ~ ® 27.67 AC
415 414
5.00 AC 4.54 AC
r_~ ► r.1r: (.v NHS- 30 N, 1107.23
c a 418
T C! . oo Ac ~
rte;[ ~1> rir2'~ 6
0.45_ P NV
422 PT P2
CN
.
660.04 ~ 463.66 463.60) ~
33 ° 411~0.02 30 433.55 291.54
a 412 a 423
2j04 AC ° 4.74 AC PARCEL 3
2
0._23 dC 744,32
1 G 330.02 330.02 424 125, 98
7/
c
560.05 4.90 AC
~ > eYl
t-.! 4.83 AC
{J~ 'c ~•►l> -938.49
PT PARCEL 1 CN 42.45 2 . 9
630.09 329.87
404 402
420 Ao7 4.52AC cl ~ 5.18 AC
PT COL 2 0 I
Z:t In
zzz
421
4.87 AC
IU!
F12 IZ
36 31 PARCEL 3 xz~~-vr \
J J vJ
J
kw,
M %rJ- r~4
C
Ilk
f 1
,u t
c~ 'd P
{ v+,«~ WIC
r E tom' ~ ,I
't r
mew Reproduces Nor
(Archty► II
2 c t
XR,
mot- 'rtk$ `
Mai
TES
Department of Administrative Services
p~ Dave Kanner, County Administrator
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202
www.co.deschutes.or.us
December 29, 2009
TO: Board of Commissioners
FROM: Dave Kanner
RE: MOA with Department of State Lands
As you know, the Department of State Lands owns a 945-acre parcel immediately south
of the Fair and Expo Center. We have been negotiating with the DSL to acquire a 238-
acre portion of that property. The County has no immediate plans for the 238 acres, other
than to ensure there's a buffer between the fairgrounds and any other uses that might be
approved on the DSL property. The DSL, however, would like to bring its holdings into
the Redmond urban growth boundary and rezone the property for large-lot heavy
industrial development.
Toward that end, the DSL and the County have jointly applied for a grant from the
Department of Land Conservation and Development to conduct an economic opportunity
analysis in the tri-County Central Oregon region. The assumption is that an EOA will
demonstrate the need for large-lot industrial property which could then be used to justify
a special exception UGB expansion in Redmond.
Last summer I was approached by John Lilly, DSL asset manager for Central Oregon,
with the idea of having the DSL and the County enter into a memorandum of agreement
on how our two agencies would proceed with the EOA, petition the city for UGB
expansion and then support future industrial development on the property. John and I
traded numerous drafts of the MOA from September through December (with significant
input from the Planning Division and the Road Department) and we believe we now have
it in a relatively final form.
An MOA is, of course, not binding on either party, but it is useful in clarifying mutual
expectations and avoiding surprises. I also don't see much point in entering into this
MOA until we know for certain that we've been awarded the EOA grant. The DLCD's
schedule for announcing grant awards is uncertain.
In general, the MOA states that the DSL and the County shall:
■ Work cooperatively on the EOA;
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner
■ Jointly petition the City of Redmond for a UGB expansion (if justified by the
EOA) and share proportionally in the cost of doing so;
■ Jointly petition the city for annexation of the property if the UGB is expanded;
■ Cooperate on the 19th Street extension through the DSL property; and
■ Have DSL pay its fair share of infrastructure improvement if their property is
brought into the city.
I am presenting this MOA to you for your information and to see if you have any specific
concerns about it. I will be happy to answer any questions at the January 4 work session.
MEMORANDUM OF AGREEMENT
Between
THE OREGON DEPARTMENT OF STATE LANDS
and
DESCHUTES COUNTY'S
pertaining to
COOPERATIVE PLANNING FOWDEVELOPM ENT
OF THE SOUTH REDMOND TRACT
j
[date],
The Oregon Department of State Lands (DSL)-owns and manages the South Redmond Tract
(SRT), a 945-acre tract of vacant Common School Fund (CSF)1and due south of the Deschute:
County Fairgrounds and Expo Center and east.of the Redmond Juniper Golf Course. Although
currently outside of the Redmond'Urban Growth Boundary (UGB) and Redmond City Limits
(CL), the SRT is immediately adjacent and contiguous to both the Redmond CL and UGB along
the north and west property lines.
In January 2009, DSL_and~Desch utes County (the County) entered into an agreement to
transfer u0lo 238-acres of the SRT Lathe County via land exchange.
It is the mutual intention of both DSL and the County to:
1. To conduct and actively participate in a Regional Economic Opportunities Analysis
(EOA) for large-lot industrial land needs in order to establish and document whether there is
an unmet regional land need;
2. If justified by the findings and conclusions of the Regional EOA, petition the City of
Redmond to expand its UGB and city limits to include the SRT;
3. Support future large-lot industrial development and supporting uses throughout
Central Oregon and especially in Deschutes County; and
4. Support the on-going and future (expanded) operations of the Deschutes County
Fairgrounds and Expo Center
Memorandum of Agreement Page 1 of 5
PURPOSE
In order to further the intentions of DSL and the County regarding the UGB inclusion,
annexation, infrastructure improvement and industrial development of the SRT, this
Memorandum of Agreement (MOA) seeks to:
• Promote collaboration, coordination and open communication;
• Coordinate individual efforts and reduce duplication of effort;
• Promote efficiency;
• Control or reduce project costs; /
• Promote understanding, reduce potential conflicts and eliminate surprises;
• Provide enhanced certainty regarding process and desired outcomes; and
• Take advantage of combined knowledge, skills and experience of agency staff
SCOPE This MOA outlines the roles and responsibilities, project sequencing and timing, and
cost sharing regarding'the following SRT-related. initiatives and projects:
a.) Regional Economic Oboortunities Analysis (EOA) for large-lot industrial uses
• The County has been awarded a Technical Assistance (TA) grant from
the Department of Land Conservation and Development (DLCD) to
\ fund the completion'of the remaining work plan elements of the
Regional EOA for large-lot industrial uses.
\-DSL has ciommitted to assist the County in the administration of this
DLCD,TA Grant if requested by the County. Such administrative
support may include but is not limited to: working with and/or
managing consultants, financial reporting, organizing and participating
in project meetings and presentations, reviewing consultant work
products, providing project updates and progress reports, working with
project participants.
b.) Urban Growth Boundary (UGB) expansion to include the SRT
• DSL and the County agree to petition the City of Redmond to include
h e SRT into the Redmond UGB (as supported by the findings and_ - Deleted: the SRT
conclusions of the Regional EOA) and request the SRT be designated
for industrial and supporting uses.
Memorandum of Agreement Page 2 of 5
• DSL and the County agree to cost share in the UGB petition costs
(including in-kind planning service contributions) in proportions
equivalent to their respective land ownership of the SRT.
• In the event that the Regional EOA concludes that there is not an
unmet regional land need for large lot industrial sites, then this section
of the MOA is suspended.
C.)
In the event that the Regional EOA concludes that there is not an
unmet regional land need for large, lot industrial sites, then this section
of the MOA is suspended. j
Upon being added to the Redmond UGB, DSL and the, County agree
to petition for the SRT to be,annexed into the City of Redmond and
zoned for industrial and supporting uses: I/
• DSL and the County agree to cost share,in the annexation petition
costs (including in-kind planning service contributions) in proportions
equivalent to their respective land ownership of the SRT.
d.) Land Entitlement Activities
• DSL and .the County agree to pursue City of Redmond land use
entitlement/planning approvals for their respective land ownership
individually and'unilaterally. However, both parties agree to
communicate freely and frequently as to their respective plans.
DSL and the County agree of to pursue SRT land use approvals or
take any\ actions at the SRT that would be contrary or detrimental to the
large=lot industrial and supporting uses development plans for the SRT
\ as articulated and'described in the October 2008 State Land Board
\ approved South Redmond Tract Land Use and Management Plan.
e.) 19th Street Extension Design and Right of Wav (ROW) on DSL orooertv
DOXAG rulings have established that CSF assets (including R-O-W and
easements) cannot be given away without appropriate compensation unless
required as part of conditions of a land use approval. This is the historic and
current practice that is routinely and consistently implemented with state
agencies (ODOT, Parks, ODFW, ODOF, etc.) and local governments (cities &
counties) regarding conveying rights-of-ways and easements on CSF assets.
• DSL agrees to allow the County full access to the SRT for purposes of
conducting preliminary design and reconnaissance work associated
with the location and design of the 19th Street Extension.
Memorandum of Agreement Page 3 of 5
• The County agrees to design the southward extension of 19th Street
through the SRT according to design principles that readily permit and
support the future transition to full City of Redmond urban design
standards including PEAK CAPACITY DESIGN needed to support
existing and future County facility activities and the proposed large lot
industrial development and supporting uses on the SRT. DSL will credit
the County for full build-out, Redmond city standard street engineering
and design work that is above and beyond that needed to construct the
proposed 19th Street county road.
• The County agrees to apply to and acquire from DSL sufficientROW Deleted: Row on
on the SRT to accommodate the planned, County-standard 19th Street
extension.
• DSL agrees to promptly process the County's application [and issue a
permit] for the ROW in accordance with~(its] administrative rules
(OA 141-122) governing the processing and issuance of easements , - Deleted: 141
for ROW's such as the 19th Street extension. 'DSL will not
unreasonably withhold approval of the easement application.
• DSL will dedicate the ROW (without cost) if required by the City of
Redmond or the County as a condition of a local land use approval or
development permit. Otherwise DSL will require a cash or non-cash
compensatory payment for the ROW in accordance with OAR 141-122.
The value of the paymentwi,ll be based on the appraised fair market
value of the ROW.
• If the County prefers a non-cassh compensatory payment, DSL will
make every reasonable effort to substitute a non-cash compensatory
j payment fora cash payment. The terms of the non-cash compensatory
payment\will be negotiated by the parties and established by
\ agreement. If, after'a reasonable time following submittal of the
County's ROW application, an agreement is not reached, a cash
payment will be required.
f.) Infrastructure Cost Sharing
Provided that the SRT becomes included in the Redmond UGB and receives
an urbanzoning assignment, DSL will work (in good faith) with the appropriate
local jurisdiction to determine the extent of its financial participation in
infrastructure design, installation, improvement or enhancement based on the
direct proportionality of the impacts attributable to urban development of
DSL's SRT lands. It is important to note that urban infrastructure
improvements on and through the SRT are of no direct value to the SRT, the
Common School Fund (CSF) or DSL if the SRT remains outside of the
Redmond UGB in Agriculture/EFU designation and zoning. There is no nexus
or rationale for the CSF/DSL to participate in infrastructure enhancements or
improvements if the current EFU zoning assignment remains. With the current
SRT EFU zoning, urban uses requiring urban infrastructure and services are
Memorandum of Agreement Page 4 of 5
not permitted and thus there is no reason, rationale or basis for DSL to
participate in such improvements.
Modification or Termination
This Agreement may be modified with agreement of both parties or terminated by either
party with 30 days written notice to the other party.
Expenditure of Funds
Nothing in this Memorandum of Agreement shall be construed as obligating the County
or DSL to expend funds or involve either party in contract or other obligation for the
future payment of money in excess of appropriations authorized by law and
administratively available for this work.
OREGON DEPARTMENT OF DESCHUTES COUNTY
STATE LANDS
Louise Solliday, Director
date
1
i
Dave Kanner, County Administrator date
Memorandum of Agreement Page 5 of 5