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HomeMy WebLinkAbout2008-12-01 Business Meeting MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 1, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy Baney. Also present were Dave Kanner, County Administrator; Mark Pilliod, Legal Counsel; Paul Blikstad, Community Development; Commissioner -elect Al Unger; a representative of KOHD TV and one other citizen, Peter Schannauer of Forbes & Schannauer, representing the City of Bend. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of the First Reading of Ordinance No. 2008 -030, a Text Amendment to Title 17 (TA -087), Adopting New Language per ORS regarding Improperly Created Parcels (Applicant: Yager). BANEY: Move first reading by title only. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Order No. 2008 -099, Releasing Interest in Certain Real Property in Juniper Ridge. Minutes of Board of Commissioners' Business Meeting Monday, December 1, 2008 Page 1 of 3 Pages Mark Pilliod explained that a local company, Sunterra, needs space to expand, and would like this parcel, which is adjacent to Les Schwab's. This is consistent with the City's conceptual master plan, in a light industrial area and a light industrial use. Commissioner Luke stated that the difference is that when it came to the Board for Les Schwab's move, it was because there wasn't a master plan in place. He asked if once the plan is adopted, does the Board still have to approve these. Mr. Pilliod stated that this is basically true. The County expected that the City would prepare a master plan consistent with the terms of the original conveyance. There was discussion as to whether the reversionary clause should be eliminated, but it hasn't been and is still in the original deed of conveyance. Under due diligence, the public interest must be served. He said that the County could simply remove the clause based upon the adoption of the plan. But this seems to be a political decision, not necessarily a legal one. Periodically, as the City sells pieces of property, the County will have to address this reversionary clause each time. This one is specific to the site and the purpose; the purchaser is not an unknown, unnamed corporation. Commissioner Luke stated that the County got the land from the BLM, and went through an extensive hearing process to acquire job- creating land. Part of the Juniper Ridge master plan calls for residential construction. He asked how this would be a public purpose unless it involves affordable housing or a similar use. Mr. Pilliod said that the Board has to decide what "public purpose" should include. It could include speculative sales of any kind. The deed does not dictate that it be for job creation. Commissioner Daly added that times have changed since the land was acquired. Master plans can include all kinds of things that now make sense. Mr. Schannauer stated that the purpose of the master plan is for each use to feed off and enhance the others. Mr. Pilliod said that there are two distinct questions. The first one is whether to release interest in this one parcel. The larger question is whether the County can or should rely on the master plan, such as it is, subject to amendments by the City, and release its interest unconditionally for the balance of the property. Minutes of Board of Commissioners' Business Meeting Monday, December 1, 2008 Page 2 of 3 Pages Commissioner Luke stated that he does not mind releasing this one, but not any others that are not part of the master plan. Commissioner Baney noted that she is not in favor of releasing it in a blanket fashion either. She asked if this particular company decides to sell, what happens then. Mr. Pilliod replied that the release is not specific to Sunterra. In fact, the interest is released to the City. BANEY: Move signature. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 4. ADDITIONS TO THE AGENDA None were offered. Being no further items to come before the Board, the meeting adjourned at 10:25 a.m. DATED this 1st Day of December 2008 for the Deschutes County Board of Commissioners. ATTEST: r) Recording Secretary Denis R. Luke, t le Yt ney, V Chair ichael M. Daly, ommissioner Minutes of Board of Commissioners' Business Meeting Monday, December 1, 2 )08 Page 3 of 3 Pages 0 N { Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, DECEMBER 1, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St, Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign -up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of First Reading of Ordinance No. 2008 -030, a Text Amendment to Title 17 (TA -087), Adopting New Language per ORS regarding Improperly Created Parcels (Applicant: Yager) — Chris Bedsaul, Community Development 3. ADDITIONS TO THE AGENDA 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. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place 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.) Board of Commissioners' Business Meeting Agenda Monday, December 1, 200 Page 1 of 5 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org ADDITIONS TO BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, DECEMBER 1, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend CONSIDERATION of Signature of Order No. 2008 -099, Releasing Interest in Certain Real Property in Juniper Ridge — Mark Pilliod, Legal Counsel