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29-775-Minutes for Meeting February 07,1979 Recorded 2/7/1979February 7, 1979 Courtday Minutes Courthouse Annex Attendance: Clay Shepard Bob Paulson Abe Young Louis Dvorak, County Counsel Charles Plummer Larry Prsaten Edison Plunkett Bob Ely Jean Padgett Barry Smith James Gordon Herb Miller Jack Thornton Paul Davis Rich Schmidt Dottie DeWitt Bob Lovlien Doug Caudell Robert W. Lucas Charles Trachsel Nora Bell Chuck Davis La Donna Moore, Secretary oL 29 ?w 175 Chairman Shepard opened the meeting at 10:00 a.m. with all Commissioners present. First item on the agenda were bid openings for a broom and tractor. Charles Plummer, Roadmaster, opened and read the bids as follows: BrimTractor . . . . . . . . . . . . . .$ Larkin Tractor . . . . . . . . . . . . 15,191.00 Hessell Tractor . . . . . . . . . . . . 15,300.00 It appears that Larkin Tractor is apparent low bidder and after all the specifics are checked the award will be made. Commissioner Paulson presented a memorandum by the Planning Department for a -fee schedule charge to be made for getting copies of the Comprehensive Plan. Commissioner Paulson moved to approve this memorandum as read. Commissioner Young seconded it. Chairman Shepard voted aye, Commissioner Paulson voted aye, and Commissioner Young voted aye. Next was the preliminary hearing for annexation to the Cloverdale''Rural Fire Protection District. Chairman Shepard read the order and opened the hearing. Charles Trachsel spoke and said that this would give fire protection to this area that has not been under a fire district until now, and it would make a common boundary with the Sisters area. He pointed out that there had been an error in the publication that referred to R.F.P.D. #2. Lucy pointed out that the paper had been called and that they had not corrected it but would do so. Mr. Trachsel presented a letter from the Forest Service also, and said that everything was in order. Commissioner Young made a motion to adopt the resolution to set the final hearing for March 7, 1979. Chairman Shepard seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Next was the preliminary hearing for annexation to Black Butte Ranch Rural Fire Protection District. Chairman Shepard read the order and opened the hearing. Bob Lovlien, attorney, spoke and explained that this includes the last portion of Black Butte Ranch. He said he would get a letter from the Forest Service before the final hearing. The hearing was closed, and Commissioner Young made a motion to set March 7, 1979 for the final hearing for the annexation to Black Butte Ranch Rural Fire Protection District. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. ft 29 PAGE 776 February 7, 1979 Courtday Minutes Courthouse Annex Page 2 Next were hearings for the establishment of that portion of Daniel Road and Keyte Road, establishment of all of Cephus Court, Aladfin Court, Emily Court, and Baskin Court, all in Suntree Subdivision. Chairman Shepard read one order for these establishments and opened the hearings. Charlie Plummer, Roadmaster, explained that these roads constitute approximately 2 mile of road. Commissioner Paulson made a motion to accept the roads previously mentioned. Commissioner Young seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. Next was the hearing for vacation of all of Jaeger Road. Chairman Shepard read the order and opened the hearing. Since there was no comment, the hearing was closed. Charlie Plummer explained that this was out in the Terrebonne area and was grown over and served no purpose. Commissioner Paulson made a motion to accept the order for vacation of all of Jaeger Road. Commissioner Young seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. Next Chairman Shepard read the order for vacation of L. A. Hunt Road. Chairman Shepard opened the hearing, and since there were no comments, hearing was closed. Commissioner Young made a motion to accept the order for vacation of L. A. Hunt Road. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Next was the order for the vacation of a portion of 21st Street, Redmond. Chairman Shepard read the order and opened the hearing. Charlie explained that this is a 60 -=ft street and one portion goes to 80 -feet, which is not needed and that is the portion they wish vacated. Since there were no objections or comments, the hearing was closed. Commissioner Young made a motion to accept the order for vacation of a portion of 21st Street, Redmond. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Next was a resolution for a name change. Chairman Shepard read the order for the name change, all of Baba Lane to be changed to Harris Way. Commissioner Young made a motion to approve the name change. Chairman Shepard seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. Chairman Shepard moved on to the resolutions for establishment of Drover Way, Frontier Way, Ranger Way, Crockett Way, and a portion of Bozeman Trail, all in Conestoga Hills Subdivision. Chairman Shepard read one order for these establishments, and it was explained that these set the hearings for these roads. Commissioner Young moved for the hearings to be set for March 21, 1979, for Drover Way, Frontier Way, Ranger Way, Crockett Way, and a portion of Bozeman Trail. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Next was a Petition for Assessment for River Bend Estates Subdivision, improvement of all of River Bend Drive, Rustic Canyon Road and a portion of Buck Canyon Road. It was explained that this petition is a call for an estimate of how much it would be to do this. Commissioner Young made a motion for Lynn McKibben to go ahead with the engineers estimate for the assessment district. Chairman Shepard seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. 29 PAGE 777 February 7, 1979 Courtday Minutes Courthouse Annex Page 3 Next on the agenda was H. W. Miller from Burlington Northern, Inc. He explained that Burlington Northern had 100 acres of property located near Tillicum Village and at one time it was zoned industrial. It is not now, and Mr. Miller asked the Commissioners whether he should consider petitioning to rezone this back to industrial property. There is adjoining property that is zoned industrial. The Commissioners agreed that they could not give any advice as to whether Mr. Miller should rezone this or not since they are involved in the final step of a rezoning. Commissioner Young asked if he was talking strictly rezoning or would he consider a trade. Mr. Jim Gordon from Seattle, also with Burlington Northern commented that management has asked that the railroad proceed with the filing of the rezoning application. If a land trade is possible then we have to go back to management and make recommendations ourselves. Mr. Miller said he would discuss this and talk with the Commissioners at a later date. Next was the group from River Bend Estates that have been trying to get the County to repair their roads and bring them up to the standards which Mr. Buck said he would do in an agreement before -approximately 3 years ago. Gerald Moss said the thing they were questioning was the illegality as to the replatting of River Bend Estates. All concerned felt that if the Board of Commissioners accepts a subdivision and gets the contractor and developer to agree to bring these roads up to County standard, then why would they legalize this subdivision without the work being done. Chairman Shepard suggested a 5 -minute recess while the Commissioner conferred with County Counsel. Meeting was adjourned at 11:40 a.m. Meeting was reconvened at 11:45 a.m. Louis Dvorak, County Counsel, said that looking over the file and agreements made by Dave Hoerning and the developer, the County took the position that the roads were public roads but were not accepted into the County system. The maintenance is the users responsibility. There were three options left to the group: (1) Get an attorney to find out your rights against the developer, (2) Hold a hearing to show cause, and in that hearing all concerned could give testimony, the effect of this being to prohibit sale of lots which would keep the developer from selling his, or (3) Action of the bond, if it was posted. We don't know whether or not a bond was posted or ever released. Mr. Dvorak said he would look into what happened to the bond and let Jean Padgett know. There being no further business this Courtday, meeting was recessed at 11:56 a.m. Respectfully submitted, BOARD OF GOMMISSIONEItS COM ISSIONER