HomeMy WebLinkAbout2008-03-05 Work Session Minutes-mss
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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., WEDNESDAY, MARCH 5, 2008
Present were Commissioners Dennis R. Luke and Michael M Daly; Commissioner
Tammy Melton was out of the office. Also present were Dave Kanner, County
Administrator; Erik Kropp, Deputy County Administrator; Timm Schimke, Solid
Waste; Catherine Morrow and Peter Russell, Community Development; media
representative Hillary Borrud of The Bulletin; and six other citizens.
Chair Luke opened the meeting at 1:30 p.m.
1. Solid Waste Update.
• Compost Rule Changes.
Timm Schimke said that stricter rules have been established by the State
regarding permeability of the soil under the compost. It is possible a
variance could be obtained because of the local climate and the distance
down to groundwater, but at this point, a 7 -inch layer of asphalt or concrete
may be required underneath the compost material, plus a catch basin and a
tank to hold any liquids. The cost could be around $1.5 million. If the cost
were passed on to the contractor, tip fees would have to go up and the
ultimate result could be compost material going back into the landfill instead
of being diverted. Public hearings have already been held by the State and
Mr. Schimke and others submitted written comments.
• Knott Landfill permit addendum.
A timeline is being set for the eventual closure of the landfill and the
ultimate use of the land. It will be a lengthy process and public input will be
scheduled in this regard.
The demolition landfill also has a permit renewal coming up. If the waste is
removed, there would be no need to go down to the groundwater.
Minutes of Administrative Work Session Wednesday, March 5, 2008
Page 1 of 3 Pages
• Budget Update.
There has been an 8% reduction in the amount of material going into the
landfill. That equates to about $1.1 or more in lost revenue. If 2006 is
considered an anomaly, it is down to a difference of about 6 %. Next budget
year there will be a significant reduction in the amount that can be put into
reserves. In 2009, another cell will need to be built at a cost of about $2
million, not counting the cost of removing rock from the cell site. Another
large piece of equipment needs to be purchased, but this can wait another
year.
Merle Irvine of Bend Garbage and Recycling said that the amount of
construction waste collected is lower now, but the amount of composting
material is expected to be about the same. Last year they ran out of compost
material to sell to the public and had a waiting list.
2. Discussion of Release of Reversionary Interest of Property to COCC.
Dave Kanner said the question asked previously was as to whether the property
had been acquired by tax foreclosure; it had not. Therefore, there is no
restriction to releasing the reversionary clause or transferring the reversionary
clause to another property.
Jim Middleton and Matt McCoy of Central Oregon Community College
explained that the campus was surveyed to locate a parcel that will be dedicated
for school use in perpetuity; this is where the reversionary clause would be
transferred. The property is located directly east of the track. A mixed -use
development is contemplated for the subject property through creative
partnerships. Also, income derived from long -term leases of the property will
help fund COCC educational activities.
Commissioner Daly said that he is supportive of whatever development most
benefits the institution. Commissioner Luke agreed. Mr. Kanner stated that he
spoke with Commissioner Melton about this issue and she is supportive.
The appropriate documents will be addressed at the next Board business
meeting.
Minutes of Administrative Work Session Wednesday, March 5, 2008
Page 2 of 3 Pages
3. Discussion of a Request from Bend -La Pine School District to Submit a
Quadrant Plan, Partition and Site Plan Application for the Proposed New
La Pine Elementary School.
Sharon Smith, representing the School District, gave background information
on the item, and referred to a parcel on an oversized map.
John Rexford and Ms. Smith gave a brief overview of the property, and what
needs to happen to get the desired results. It is hoped that the District can open
the new school in 2009. It will be a LEED structure and all of the waste
material possible will be recycled.
A resolution will be placed on the March 12 agenda regarding implementing
this change.
4. Other Items.
Dave Kanner reminded the Board that the two Humane Societies are required to
make an annual oral report to the Board. This will be scheduled at a future date.
Commissioner Daly said that he understands that the revenue being collected
from the lodging industry is much higher this year than the last. Mr. Kanner
pointed out that reservations are down but the room rates are up.
Being no further discussion, the meeting adjourned at 3:50 p.m.
DATED this 5th Day of March 2008 for the Desc tes County Board of
Commissioners.
ATTEST:
(`-"ewtduAgiLeA__
Recording Secretary
Dennis R. Luk , h it
C Ec(-(W
Tammy (Baney) Melton, Vice Chair
ch el r mmissioner
Y�
Minutes of Administrative Work Session Wednesday, March 5, 2008
Page 3 of 3 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., WEDNESDAY, MARCH 5, 2008
1. Solid Waste Update — Timm Schimke
2. Discussion of Release of Reversionary Interest of Property to COCC
3. Discussion of a Request from Bend -La Pine School District to Submit a
Quadrant Plan, Partition and Site Plan Application for the Proposed New La
Pine Elementary School — Catherine Morrow, John Rexford
4. Other Items
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.
PLEASE SIGN IN
Please re
Work Session Meeting
Wednesday, March 5, 2008
(Please Print)
Name
Representing
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Solid Waste Update
March 5, 2008
Agenda
1. Compost Rule Change
2. Knott Landfill permit addendum
3. Budget update
4. Other
200000
150000
100000
50000
-50000
Solid Waste Received
1 2 3 4 ; 5 6 7 8
Year 2000 2001 2002 2003 2004 2005 2006 2007
II Tons 113,323 120,059 126,837 137,641 154,148 162,351 186,571 172,293
{❑ Percent Change 6% 6% 9% 12% 5% -15 % °
Year
ICC —0—`1
CENTRAL
OREGON
COMMUNITY
OFFICE OF THE PRESIDENT
Telephone (541) 383 -7201
Fax (541) 383 -7502
E -mail jmiddletonVcocc.edu
COLLEGE
February 8, 2008
Commissioner Mike Daly
Deschutes County
1300 NW Wall Street
Bend, OR 97701
Dear Commissioner Daly,
2600 NW College Way, Bend, Oregon 97701 -5998 • Telephone (541) 383 -7700
In 1962, Deschutes County conveyed a 10 -acre parcel of real property ( "Property ") to Central
Oregon Area Education District ( "College ") pursuant to a Quitclaim Deed recorded in Volume 133 Page.
271 in the Official Records of Deschutes County. The granting clause of the Deed contains the following
language: "To have and to hold, the same unto the said Central Oregon Area Education District for
college purposes." A copy of the 1962 Deed and the vicinity map showing the location of the Property
are attached to this letter.
Presently, due to the growth of the College and the uncertainty associated with state funding of
community colleges, the College is required to seek alternative ways to generate predictable and certain
income to further its educational goals. For this reason, it is essential that the College, while maintaining
ownership, is able to freely use the Property. The language in the 1962 Deed may prevent the College
from putting the Property to the use most beneficial to the future of the College.
The purpose of this letter is to request that Deschutes County relocate its reversionary interest in
the Property created by the 1962 Deed to a parcel of equal size located on the COCC Awbrey Butte
Campus described in Exhibits A and B attached. Pursuant to ORS 271.335, any political subdivision, by
resolution adopted by the governing body of such subdivision, may waive and relinquish any reversionary
interest in property transferred under ORS 271.330 when the transfer occurred more than 20 years prior to
the date on which such resolution is adopted.
Attached is a draft Resolution that the County may adopt to relocate the reversionary interest of
the County from the current Property to the parcel identified in Exhibits A and B to allow the College to
put the Property to the most beneficial use in furtherance of its educational goals.
JM /mjm
c: David Kanner
Enclosures
1
PDX/1 1 6339/1 5 153 7/JDG/2265237.1
Sincerely,
James Middleton, President
Central Oregon Com
ttegt
FEB 1 5 2008
BOARD OF COMMISSIONERS
ADMINISTRATION
[i
1962 Deed
va 133 ME 271.
KNOW ALL NEN BY THESE PRESENTS, That Deschutes County, Oregon, a mwii,inal
corporation, by and through its duly elected, qualified and acting Count:,
Judge and County Commissioners, for and in consideration of the sum of
$10.00 to it oatd by Central Oregon Area Education District, does hereby
remise, release and forever QUITCLAIM unto the said Central Oregon Area
Education Oietrict all its ri.aht, title and interest in and to the following
described real property, situated in the County of Deschutes, State of
Oregon, to -Veit:
SF SW SF , Section 25, Township 17 South, Range
11 Eat of Willamette Meridian, Deschutes County,
Oregon. Tax Lot 5300.
TO HAVE AND TO HOLD, the same unto the said Central Oregon Area Education
District for college purposes.
IN {WITNESS WHEREOF, We, D. L. Penhollow, F. C. Shepard and George F. Baker,
the duly elected, qualified and acting County Judge and County Commissioners,
acting for and in he'i:+_lf of Deschutes: County, Oregon, have hereunto set our
hands and affixed the seal of said County this 17th day of October, 1962.
DESCHUTE`.S COUNTY, OREGON
3 x
By t. l' 1
STATE OF OREGON )
9s.
County of Deschutes )
County Judge
County Commissioner
t-�1-
un ommtssioner
BE IT E 1 1ENBE tED. That on this , e :
r �` day of �_ . t::- -, :,._ , 1962, before
me, thw undersigned, a Votary Public in and for said County and State, person -
al.lv anneare;l the within named D. L. renho7.1or, County Judge, and F. C. Shepard
and George F. Baker, County Comredesionars of Deschutes County, State of Oregon,
who are known to me to be the identical individuals described in and who execu-
ted the within instrument, and acknowledged to me that they executed the same.
2 -
PDX/116339/ 151537/JDG/2265237.1
TA*E or OR BOON
Co my at Deaehntas.
i narebY certify that the wt hi for
atrument of writing waa
Record on the0• ° .. ......
day D.. 9-1
day of 1
...,.. }Aaa��- �sn.� - -.
at.-.L1.U.A...o'cloak .....$., and Re•
3
PDX/116339/151537/JDG/2265237.1
Draft Resolution
Reviewed
Legal Counsel
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON
An Order Relocating Reversionary Interest
In Certain Real Property Owned by
Central Oregon Community College
ORDER NO. 2007-
WHEREAS, on October 17, 1962, the County conveyed to the Central Oregon Area
Education District (the "College ") approximately 10 acres of real property located in the County
(the "Property ") by a Quitclaim Deed recorded in Volume 133 Page 271 of the Official Records
of Deschutes County, State of Oregon (the "Deed "); and
WHEREAS, the Deed contains a condition that the Property be used for college
purposes; and
WHEREAS, pursuant to ORS 271.335, Deschutes County, by resolution, may waive and
relinquish any reversionary interest held by Deschutes County in the Property; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, HEREBY ORDERS AS FOLLOWS:
Section 1. The County hereby relocates any reversionary interest it may have pursuant to
the Deed and the requirement that the Property be used for college purposes to a tract of land
located in the Northwest Quarter of the Southwest Quarter of Section 25, Township 17 South,
Range 11 East, Willamette Meridian, Deschutes County, City of Bend, Oregon more practically
in attached Exhibits A and B; and
Section 2. The College may sell, exchange, convey or lease the Property from which the
reversionary interest has been relocated for any purpose.
DATED this day of , 2007
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
Page 1 of 2 — ORDER NO. 2007- ( - - 2007)
PDX/ 1 1 633 9/ 1 5 153 7/JDG/2265237.1
MICHAEL M. DALY, Chair ATTEST:
DENNIS R. LUKE, Commissioner Recording Secretary
TAMMY (BANEY) MELTON, Commissioner
Page 2 of 2 — ORDER NO. 2007- ( - - 2007)
PDX/1 1 633 9/1 5 1537/JDG/2265237.1
AN ASCG COMPANY
EXHIBIT `A'
920 SW Emkay, Suite C100
Bend, Oregon 97702 -1041
541.388.4255
Fax 541.388.4229
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW1 /4) OF
THE SOUTHEAST QUARTER (SE1 /4) OF SECTION 25, TOWNSHIP 17
SOUTH, RANGE 11 EAST, WILLAMETTE MERIDIAN, DESCHUTES
COUNTY, CITY OF BEND, OREGON BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Beginning from the East quarter corner of said Section 25; thence along the North line of
the Southeast quarter (SE1 /4) of said Section 25, South 89°56'13" West, 1410.31 feet to
the True Point of Beginning; thence continuing along said North line, South 89°56'13"
West, 490.72 feet; thence leaving said. North line South 00 °10'16" West, 423.24 feet;
thence South 15 °37'31" East, 498.44 feet; thence North 74 °22'29" East, 463.68 feet to a
point on the East line of the Northwest quarter (NW1 /4) of the Southeast quarter (SE1 /4)
of said Section 25; thence along said East line North 00°10'16" East, 129.72 feet to a
point on the westerly right -of -way of College Way, more or less; thence leaving said East
line and continuing along said westerly right -of -way, North 7 °49'24" West, 655.29 feet
to the True Point of Beginning.
Herein bearings are based upon the Deschutes County Coordinate System.
This description contains 10.00 acres, more or less.
RF.0 STERED
PROFESSIONAL
LAN, SURVEYOR
ExpiRE3 O(o 302 oo 8
whpacific.com planners surveyors engineers landscape architects
NW 1/4 OF THE SE I/4, SEC 25
T17S,R11E W. M.
IFS I
3 Aft I
NE 1/4, SEC. 25 W
TRUE POINT OF BEGINNING O
•
S89 56'13 "W
490.72'
-
S89'56 13 "W' , 1410.31
25
30
NW 1/4, SE 1/4, SEC. 25 1
NE 1/4, SE 1/4, SEC. 25
IL A
REGISTERED
PROFESSIONAL
LAND SURVEYOR
�tJ 1St
OREGON
JUNE 30, 1997
DANIEL E. WOBBE
2525
RENEWAL DATE: 06 -30 -08
200
SCALE
0 100 200
400
( FEET )
1 INCH = 200 FT
CHECKED BY: DEW
CENTRAL OREGON COMMUNITY COLLEGE
10 ACRE DESCHUTES COUNTY DEED RESTRICTION
EXHIBIT 'E3'
CITY OF BEND OREGON
DRAWN BY: APPROVED BY: DEW
LAST EDIT: 1/1727/2 1/17/2008 PLOT DATE: 01/17/08
DATE
BY
REV/
REVISION
CK D
APPR.
SCALE:
1" =200'
PROJECT NO.
35594
DRAWING FILE NAME:
35594— wrv- 1Oaere— options —exh
4 SHEET 1
MEMORANDUM
To: Deschutes County Board of Commissioners
From: Sharon Smith, Legal Counsel for Bend -La Pine Schools
Date: February 26, 2008
The Bend -La Pine Schools (the "District ") and the Deschutes County Planning Staff ( "Planning
Staff') are working together to facilitate the 2009 opening of a new 300 student La Pine
Elementary School,
The County owns property in the Neighborhood Planning Area. The Comprehensive Plan has
identified a school site for sale to the District. The school site cannot be transferred to the
District until the school site is created through a partition. In order to facilitate a 2009 opening,
the District and Planning Staff propose to process the following land use applications
contemporaneously:
1. Partition Application: The Partition Application will create a separate 15 acre parcel of
land. Once the partition is complete, the County will convey the property to the District pursuant
to the provision of the Comprehensive Plan:
"the County shall coordinate with the Bend La Pine School District to dedicate
land in the Community Facility Limited District that is suitable for a school site at
a cost that reflects the pro rata share of land purchase and infrastructure
development." Chapter 23.40.020 (F)(1)(w).
The District and County Counsel are working on the IGA for the property conveyance.
2. Quadrant Plan: The District will develop the 4a Quadrant Plan.
3. Site Plan Application: The District will submit a site plan for a 300 student elementary
school, based on the prototypical design used for Elk Meadow, Pine Ridge, High Lakes and
others.
Exhibits:
1) MOU Between County and District
2) Current zoning map for La Pine
3) Proposed location of school
13 -1068 307(v3).doc
MEMORANDUM OF UNDERSTANDING
Between
THE BOARD OF COUNTY COMMISSIONERS,
DESCHUTES COUNTY, OREGON
And
THE BEND -LA PINE PUBLIC SCHOOLS
Related to Continued Cooperation to Implement the Goals of the
Regional Problem Solving Project for Deschutes County
I. PURPOSE
This Memorandum of Understanding (MOU) is between Deschutes County, a political
subdivision of the State of Oregon, through the Deschutes County Community Development
Department, hereinafter referred to as "the County", and the Bend La Pine Public Schools,
hereinafter referred to as "The District ". It establishes standards of cooperation for implementing
chosen solutions of the County's Regional Problem Solving Project. Oregon's Regional Problem
Solving statute, ORS 197.650, requires assurance that "goals that are the subject of the
collaborative regional problem solving process" are achieved.
H. BACKGROUND
The Oregon State Legislature authorized the Regional Problem Solving Project (RPS Project) and
assigned the Oregon Department of Land Conservation and Development to administer the
program. By statute, the Project required the collaboration of all local, state and federal agencies
involved in the study area to identify and resolve significant land use problems.
The District was an active stakeholder in this Project and participated in identifying solutions to
resolve problems.
Thousands of lots were platted in the RPS project area prior to Oregon's land use laws. As
development continues, there are impacts to groundwater that may become polluted, to wetlands,
riparian areas, wildlife habitats and migration corridors, and to increased wildfire hazards.
The favored solution to reduce density is to purchase and develop a parcel of 518 acres between
La Pine and Wickiup Junction. This property has favorable access, existing utilities and
infrastructure. Agency stakeholders participated in the preparation of alternative solutions to
problems. The County and stakeholders concurred on the goal of exploring a new neighborhood
as a receiving area for development rights as a means to reduce development in more sensitive
areas where infrastructure does not exist.
The property for this neighborhood has Highway 97 at its eastem boundary, and the
neighborhood's development over 20 years may accelerate the need for the development of
additional schools.
Implementation of the new neighborhood meets the following Quality Development Objectives
established by Executive Order 97 -22. These Objectives are to be used in combination with state
Memorandum of Understanding
Bend -La Pine Public Schools
Regional Problem Solving Goals
1
and local partnership principles and Local development objectives to help build healthy and
diverse communities and regions throughout Oregon:
• Give priority to a quality mix of development that addresses the economic and community
goats of a community and a region. f:
• Encourage mixed use, energy efficient development designed to encourage walking, biking
and transit use (where transit is available).
• Support development that is compatible with a community's ability to provide adequate
public facilities and services.
• Facilitate development that is compatible with community and regional environmental
concerns and available natural resources (e.g. available water, air quality, etc.)
▪ Support development that provides for a balance of jobs and affordable housing within a
community to reduce the need to commute long distances between home and work, thereby
minimizing personal commuting costs as well as the public and societal costs of expanding
the transportation infrastructure.
III. AGREEMENT
In consideration of the mutual promises and covenants contained herein, the parties agree as
follows:
e a
fPy
nes t>c
Cooperate in recogni ion of. the,negi .for sc1
*ago?'
a o e res • urces a prbjecf is'rn compliance wrth
D. General Provisions:
1. Effective Date. This MOU is effective as of the last date shown below.
2. Modifications. Modifications within the scope of this MOU shall be made by mutual consent
of both parities, by the issuance of a written modification, signed and dated by both parties
prior to any changes being performed.
3. Renewal. This MOU shall automatically renew each July 1, unless otherwise terminated.
4. Termination. Either party, in writing, may terminate this MOU, in whole or in part.
Memorandum of Understanding
Band -La Pine Public Schools
Regional Problem Solving Goals
2
5. Entire Agreement. The representations made in this MOU constitute the entire agreement.
No prior or contemporaneous negotiations, understandings, or agreement shall be valid unless
in writing and signed by authorized representatives of each party.
IV. SIGNATURES
For the Bend La Pine Public Schools:
DATED this ./ Tday of 2000.
For Deschutes County:
DATED thi day of
Soh if Re r a i tor of Administrative
an , upport ,- '
2000.
BOARD OF COUNTY COMMISSIONERS
OF DES ' S CO ► , OREGON
ATTEST: Tom DeW
ecording Secretary JJ nis R. Luke, ommissioner
Memorandum of Understanding
Bend -La Pine Public Schools
Regional Problem Solving Goals
3
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PLANNING AREA
SYMBOLS
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DESIGNED en UDC CHECKED BY. .1
Howl ec oAC .1140.1 Lit
UST Mr, ROT DAIL OEM,.
LAPINE SCHOOLS
NEW LAPINE ELEMENTARY SCHOOL
NEIGHBORHOOD PLANNING AREA #4
TENTATIVE PARTITION & SITE PLAN
DC.111 SOD WON
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7
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order authorizing Teresa Rozic, Property
Specialist or Dave Kanner, County Administrator
to sign land use applications for the new
elementary school site in La Pine.
ORDER NO. 2008 -021
WHEREAS, Deschutes County owns property in the Neighborhood Planning Area that will be
conveyed to the District for the new elementary school site ( "School Site "), and
WHEREAS, the School Site cannot be transferred to the District until it is created through a partition,
and
WHEREAS, the Bend -La Pine Schools (the "District ") and the Deschutes County Planning Staff
( "Planning Staff") are working together to facilitate the 2009 opening of a new 300 student La Pine Elementary
School; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Teresa Rozic, Property Specialist or Dave Kanner, County Administrator are authorized to
sign as property owner on land use applications required for partition and development of the new School Site in
La Pine.
Dated this day of , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: TAMMY (BANEY) MELTON, Vice Chair
Recording Secretary MICHAEL M. DALY, Commissioner
PAGE 1 OF 1- ORDER No. 2008 -021