Loading...
30-43-Minutes for Meeting March 21,1979 Recorded 3/21/1979V1 VOL 30 PACE 43 March 21, 1979 Courtday Minutes Courthouse Annex Attendance: Clay Shepard K. L. Erickson Abe Young Bill Lyche Bob Paulson John Wyack Al Case Lois Cormier Mardi Barnes Bob Lovlien Jack Thornton George J. Cook Leslie Hammond Dave R. Williams Ron Marceau Tim Ward Art Johnson Martin West Charlie Plummer Nora Bell Sam Johnson Terrence O'Sullivan La Donna Moore, Secretary Chairman Shepard opened the meeting at 10:00 a.m. with all Commissioner present. First on the agenda was a hearing on the exchange of certain real properties with the City of Redmond. Chairman Shepard read the resolution that had been approved with the description of the land.and opened the hearing. Sam Johnson, Mayor of Redmond, was in attendance with some others to answer any questions the Commissioners might have. There were no questions or objections from the audience to this land exchange. Commissioner Young moved to adopt the order approving the land exchange with the City of Redmond for certain county properties and that the proper deed be drawn up, which includes the description previously heard in the resolution. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Next on the agenda was a hearing for Deschutes River Woods, Plat 6 Restricted Area for Firearms. Chairman Shepard read the order and opened the hearing. There were no objections or comments, and the hearing was closed. Commissioner Young moved to adopt the order for establishment of a restricted area for firearms for Deschutes River Woods, Plat 6. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Commissioner Paulson made an announcement that the Parks and Recreation Dept. had invited the Commissioners to a social function with the Parks and Recreation Board at 5:30 p.m. on March 30 at Shevlin Hatchery. Commissioner Paulson brought up the fact that Mr. Roy Wickersham had been in this morning, and one of the pits he needs for dumping more material. The Parks & Rec. Dept. has been getting fill from that pit, and Commissioner'Paulson said he would like to see the Commissioners declare an emergency in order to get material right away. Roy wants it moved and the Parks and Rec. Dept. needs the fill. Commissioner Paulson made a motion to instruct Roy Wickersham to proceed with the emergency effort to remove the fill from the new demolition site off Century Drive so the Parks and Rec. Dept. can dump. Commissioner Young seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. VOL 30 PAGE 44 March 21, 1979 Courtday Minutes Courthouse Annex Page 2 Next item on the agenda was a hearing for Sunrise Village Sanitary District. Chairman Shepard explained the procedure to be followed for the hearing. Chairman Shepard opened the hearing and first testimony given was from those in favor of the district. Bob Lovlien, attorney for the group, was first. He presented the Commissioners with several exhibits. He presented an illustrative plan that had been presented to the Planning Commission in July of 1977. Hall and Goodhue had prepared a master land plan for Sunrise Village which the Planning Commission approved also. They approved the zone change at that time for this area and adopted findings of fact saying L.C.D.C. approved this development. The Commissioners at that time also approved the findings of fact. Preliminary Plat #389 was heard before Mr. Venn and plans were submitted to DEQ for the sewer system. The developer entered into an agreement with M.R.S. for water to the development, and the City ofBend was notified. When plats #415 and #444 were submitted, the City of Bend and DEQ were also notified. In each of these plats a community sewer system was again set up. Mr. Venn approved both these plats and commented on the good planning that went into them. Contact had been made with DEQ through John Borden. On July 26, 1978, Bend Sewer Committee advised the developer Sunrise Village was outside the Bend city sewer area; Art Johnson advised the DEQ that the City could not enter into hookup service with Sunrise Village. On July 27, 1978, Plat #389 received final approval from the Board of Commissioner, and that was given on the condition that the sewer system be approved by DEQ before construction. After negotiations with DEQ they wrote a letter on January 9, 1979, removing the hook up requirement with the city. To summarize, Bob said they felt that (1) It is their feeling that the area can be benefited by the sanitary district (2) Sunrise Village will not affect any other developments on Century Drive. Several attempts were made to find another way and it is prohibitively expensive. The sewer system proposed by Sunrise Village is designed to be hooked to the city system if they get out there. The total system meets city specifications, and the water system also meets city requirements. This portion of the hearing was concluded and next were those opposed. Ron Marceau, attorney for those opposed, was next to speak. He was representing the City of Bend, and he commented that the purpose of this hearing is to determine according to State statutes whether or not to allow this district. The criteria is set out by law, and the County Commission must decide if the area could be benefited from the formation of the sanitary district. There has been nothing in the DEQ hearings or decisions that says a sanitary district has to be formed. Staff reports of the DEQ say that it is not a good idea. Ron presented the Commissioners with exhibits that he would be referring to. He listed his points as (1) As far as DEQ and the City are concerned, it is not a good idea (2) It is not consistent with State-wide goals, and quoted from a December 19, 1978 letter from Brent Lake to Tim Ward saying that the proposal wasn't consistent with Goal #11 and (3) A letter form Dick Nichols of DEQ saying that this could create problems and obstacles for regional sewer facilities. He went on to say that Sunrise Village has to have some governmental entity to maintain its system. It cannot have a homeowners association; regulations require that it be maintained by the City of Bend or a sanitary district. Art Johnson, City Manager, stated that the City of Bend would assume complete responsibility for providing and maintaining the sewer service. The system at Sunrise is compatible with the City but that does not necessarily mean that they would be able to hook up to it at a later time. Art Johnson explained that they are making reservations for hook ups and need to know now if Sunrise is going to hook to the City so they can have space for them. Ron asked that the Commissioners adjourn the hearing for up to 4 weeks and see if the City and Sunrise Village could work out their problems. VOL 30 Paof 45 March 21, 1979 Courtday Minutes Courthouse Annex Page 3 Commissioner Paulson asked why Sunrise wouldn't be able to hook up at a later date and Ron Marceau said that if the district was formed, then that prevents the City form serving the district because there is a policy that the areas served by the City must annex when the City wished them to. The City cannot take over debts that might be incurred by a special district, and the City doesn't have the authority to make them hook up. Commissioner Young commented that Bill Young , DEQ, had come before the Commissioners before and led them to believe that he was not opposed to the formation of a sanitary district for Sunrise Village. He asked why the city didn't want Sunrise Village to form a sanitary district but had not complained about other sanitary districts being formed. Ron Marceau answered that the City felt they could do the job better for Sunrise than a sanitary district, and part of Sunrise Village is in the original sewer boundary. Tots Hall of DEQ spoke and said he wanted,.it known that DEQ supported the City of Bend. Rebuttal from Bob Lovlien was next. He said that we were talking about 300 lots and only 200 of them will be on the sewer system. The cost would be approx. $1100 per lot. There will be a surcharge on all 300 lots and the water system will cost approximately $200,000. We are talking about a half million dollar project. He commented that the DEQ commission overruled the staff on their suggestions, and Sunrise has already done much of the preliminary work and gotten the necessary approvals. Bob went on to explain that there is good soil in the area and Sunrise Village sanitary district would meet Statewide goals. The EQC approved of the district, and this is a low density area, so whether Sunrise gets on the sewer system now or at a later date, it will not have a big economic impact to the city. According to the research done, plats are binding up to 18 months, and this would be disregarding all the criteria we had to meet in the past. Tim Ward from Sunrise Village had comments, and one point he brought up was that Sunrise Village was not contiguous to the city. L.C.D.C. specifically pointed out that this was a local government decision. The original sewer system is just a proposed one at this time, and hooking to the city sewer system would be a duplicate cost. All other developments that have private water and sewer systems were excluded. Rebuttal from Ron Marceau was next. He commented that Sunrise Village is asking for a variance to operate this themselves, and only after they found that they couldn't get a variance did they petition for a sanitary district. He said he still felt we should adjourn the hearing and all meet to try to solve this problem. Clay brought up the fact that there had been a letter sent with his and Commissioner Paulson's signatures to the EQC for their January 26 meeting expressing both Commissioners' support for the City of Bend. Commissioner Young wanted it known that he was not involved and was not aware of the letter being sent. Commissioner Paulson made a motion to adjourn the hearing until the next official County Courtday, April 4, 1979, and during the interim the interested parties, exclusive of the County Commissioners, meet together and discuss their proposals and ideas and see if they can come to a joint proposal and also, for each side to submit proposed findings to us for our consideration at that hearing. Chairman Shepard seconded it. Commissioner Young said he felt the decision should be made at this time, as this has carried on for too long a time now. The question was called for, and Commissioner Paulson voted aye, Chairman Shepard voted aye, and Commissioner Young voted NO. Motion was carried. The hearing will continue on April 4, 1979, at 10:00 a.m. UML 30 PacE 46 March 21, 1979 Courtday Minutes Courthouse Annex Page 4 Next item on the agenda was a hearing for annexation to R.F.P.D. #2 - Padgett. Chairman Shepard read the notice of final hearing, and Commissioner Young moved to adopt the notice of final hearing setting the final hearing for April 18, 1979, at 10:00 a.m. Chairman Shepard seconded it. Commissioner Young voted aye, Chairman Shepard voted aye, and Commissioner Paulson voted aye. Chairman Shepard moved on to the next hearings, which were for the establishment of roads. Chairman Shepard read one order for the establishment of Crockett Way, Ranger Way, Drover Way, Frontier Way, and a portion of Bozeman Trail, all in Conestoga Hills Subdivision. Chairman Shepard opened the hearings,and since there were no objections, hearings were closed. These roads are approximately z mile. Commissioner Young made a motion to adopt the orders for the establishment of said roads. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Minor Land Partition 78-202 was next, and County Counsel explained that this was done illegally. The lots were to be 5 -acre minimums, and these lots come out to approximately 4.8 acres. At this time, a building permit has been issued on the front Tot and construction is underway; however, there has been no permit issued on the back lot. County Counsel's suggestion was to call a hearing for 10 days and he be allowed to make a presentation as to whether the minor land partition would be vacated. Commissioner Paulson asked if there was any way to adjust the property lines so that the partition would be legal, and County Counsel said there was no way to do that. Commissioner Paulson moved to set a hearing for April 4, 1979. Chairman Shepard seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. Commissioner Paulson brought up the fact that there was a problem of illegal placement of a four -wide mobile home on property not zoned for that. Mr. Herlberg, the owner, lives in Colorado and has sold his home and wants to move into the mobile soon. Bill Monroe, Planning Director, suggested allowing Mr. Herlberg to keep his structure and requiring him to do work as directed by Bill in a letter to the Commissioners. Commissioner Young made a motion to allow the structure on this property based on the acceptance of Mr. Monroe's suggestions. Commissioner Paulson seconded it. Chairman Shepard said he was wary of allowing this without having a hearing as the Commissioners had been criticized for a problem of a similar nature before. The Commissioners agreed with his thinking, and Commissioner Young withdrew his motion. County Counsel was to look into the matter, and it will be brought up at the next meeting. There being no further business. this Courtday, meeting was adjourned at 12;35 p.m. Respectfully submitted, BOARD OF COMMISSIONERS f' CiH 1 KinHIV COMM I S�I-R _ MMMrSSIDNER