32-71-Minutes for Meeting August 15,1979 Recorded 8/15/1979August 15, 1979
Courtday Minutes
Courthouse Annex
Attendance:
Clay Shepard
Abe Young
Bob Paulson
Lynn McKibben
Robert S. Lovlien
Nicholas Jetson
Howard Rankin
Charlie Plummer
Margaret Vedder
George Corrigan
Alice Flory (SP)
Dave Jaqua
Margaret Calhoun
Nicholas Jepson
Prot 2 Nt 71
Chairman Shepard opened the meeting at 10:00 a.m. with all Commissioners present.
First on the agenda was the Matter of Establishment of Seventh Mountain Service
District. Howard Rankin, attorney representing owners of the Inn of the Seventh
Mountain, came for the purpose of asking for an order for a final hearing on
September 5, 1979 at 10:00 on the district formation. He also suggested that there
be one further hearing held in which all property owners within the Inn of the
Seventh Mountain project area would have an opportunity to petition the Board of
County Commissioners to hold an election. Commissioner Young moved that the
final hearing on the Matter of Establishment of Seventh Mountain Service District
be held on September 5, 1979. Commissioner Paulson seconded it. Commissioner
Paulson voted aye. Commissioner Young voted aye. Chairman Shepard voted aye.
Next item on the agenda was the Hearing on the Abandonment of Public Access to a
Portion of Sunnyside Blvd. in Brightenwood Estates Phase III and Woodside Ranch Phase
VI. Louis Dvorak described the matter at hand. Chairman Shepard opened the hearing.
Speaking in favor of the proposal, Lynn McKibben explained that, through an over-
sight, they did not comply with the PL -II. It was called to his attention recently
that the reserve strips had not been made in compliance with PL -II. At that time he
investigated these efforts in order to have the subdivisions mentioned in Brightenwood
and Woodside conform to the law. The Road Department will make the necessary ad-
justments to the drawings to file with the County Clerk.
Speaking in opposition, Bob Lovlien explained that the roads, in total, were accepted
by the Commissioner's signature on that plat as being public right of way, and he is
trying to revoke that accepted portion for one foot. They would like the Board to
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unaccept it. Also speaking in opposition - Nicholas Jepson, President of High
Country Investment (also adjacent property owner on the east side), reports that
High Country Investments was not notified of this resolution and he would like
time to have it studied by his attorneys before any dp�isions are made. Commis-
sioner Paulson moved that the hearing be continuedfntil September 5 to allow Mr.
Jetson to have his counsel review the resolution. :Commissioner Young seconded it.
Commissioner Paulson voted aye. Commissioner Young voted aye. Chairman Shepard
voted aye.
Moving to the next item, Chairman Shepard read the order concerning the Preliminary
Hearing In the Matter of Annexation to R.F.P.D. X62 (Ziegler) and opened the hearing.
There was no discussion in favor or in opposition to the order. Chairman Shepard
closed the hearing. Commissioner Young moved that the final hearing be set for
September 5, 1979. Chairman Shepard seconded it. Commissioner Paulson voted aye.
Commissioner Young voted aye. Chairman Shepard voted aye.
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The next item on the agenda was the Hearing In the Matter of the Establishment
of Roads Within Rimrock Estates; Chapparal Estates; and Highland Estates.
Chairman Shepard read the order establishing Highland Drive. Chairman Shepard
opened the hearing in consideration of Highland Drive. Margaret Vedder of 64951
Highland Road presented a petition from virtually all the home owners on Highland
Drive. They would like to have the road remain "Highland Drive". They have es-
tablished addresses for several years. Next, George Corrigan of 65081 Highland
Road stated that he would like the subdivision where he lives to remain Highland
Drive. It was explained by Lynn McKibben that the name change was suggested to
comply with the fire protection district standards. He said that if the people
feel they can react safely to fire calls, they have no objections. Commissioner
Young moved that the hearing be continued on September 5 when more information is
gathered. Commissioner Paulson seconded it. Commissioner Young voted aye. Com-
missioner Paulson voted aye. Chairman Shepard voted aye.
Next, in the Matter of Establishment of All of Kendan Road, All of Harvest Lane,
All of Jaguar Street, a Portion of Loma Linda Drive, a Portion of S.W. 59th Street,
All of N. W. Rimrock Loop, All of N. W. 25th Street, All of Yucca Way, All of
N. W. 21st Street, All of N. W. Rimrock Lane #1, All of N. W. Rimrock Lane #2,
All of N. W. Rimrock Lane #3, All of N. W. Rimrock Lane #4, All of N. W. Rimrock
Lane #5. Commissioner Paulson moved that the hearing be continued on Kendan Road
until September 5. Commissioner Young seconded it. Commissioner Paulson voted
aye. Commissioner Young voted aye. Chairman Shepard voted aye. Chairman Shepard
opened the hearing. There was no discussion. Chairman Shepard closed the hearing.
Commissioner Young moved for establishment of all the roads named except those
that the previous motion covered (Highland Drive and Kendan Road). Chairman
Shepard seconded it. Commissioner Paulson voted aye. Commissioner Young voted
aye. Chairman Shepard voted aye.
Regarding Highland Drive:
George Corrigan mentioned that he would like some clarification on how the road
was built and when it will be finished to comply with specifications (a course
of oil and rock were omitted). Lynn McKibben stated that generally there are
three layers of rock and three of oil put down. Contractors are having trouble
putting down a good oil mat. The reason for this is the quality of the oil we
are getting. In order to get the best product for the same price which they agreed
upon, the manner in which the oil was put down was changed. They have essentially
the same amount of rock and oil as if it had been put down in three lifts. There's
a year's maintenance agreement on the road to assure its workmanship. Alice Flory
of Highland Road mentioned that she feels the road is inadequate. Commissioner
Paulson reported that he examined the road about a week ago and said he saw some
breakdown in the shoulder area and also some loose rock on the surface in a number
of spots which.will eventually be pressed into the road with more travel on the
road. Other than that, it appeared to be a pretty good road. Chairman Shepard
mentioned that the hearing would be continued on the 5th of September.
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Regarding Highland Estates: George Corrigan reported there were four or five lots
in the subdivision that were added to the road district at the tail end and rather
than go back to the people for a vote of acceptance, the cost of those lots was
spread over people who had already acknowledged and accepted the road and the
people who owned the four or five lots paid nothing. Chairman Shepard stated
that the County would check into that and get back with him.
Next was a Discussion re Outstanding County Nonconforming Use Permits - Louis
Dvorak. The question was whether our non -conforming use permits that were granted
under this 1976 ordinance have all been voided by the state statute or they have
any legal effect or whether the state statute of 1977 could not have any retro-
active effect. Dave Jaqua explained there was a site plan approved with this non-
conforming use. He feels that if we wanted to develop in accordance with that
original site plan, we probably could. Commissioner Paulson suggested that we follow
Lou's advice and continue with the procedure as we have in the past reserving the
right to reconsider that later if some extremely major and complicated issue would
come up that would have a really significant impact on an area that we may not be
thinking of now. Lou was directed to communicate that to the Planning Department.
Next there was a presentation by Margaret Calhoun of International Systems, Inc.
regarding grants. Her firm researches grants that are available. They could help
to determine which grants the County would need and could be eligible for. There
was a discussion on what services her firm provides and the means by which it
provides these services. Chairman Shepard stated the County would consider the
matter.
The next item was regarding the Redmond Auto Wrecking Lease. Commissioner Young
gave the background. Mr. Rogerson came to the County last year and asked if the
County had any County land that they could lease to him for a wrecking yard. The
County came up with ten acres which is adjacent to the land that Brooks leased.
They did considerable research and worked with the Planning Department. They had
it appraised and it was considered at that time that it was an area that would
be zoned industrial. Based on that, the County made up a lease with Mr. Rogerson
directing Auto Wrecking to be moved and he is now ready to move. He came in to
get his permit to lay his slab and was told he could not get one because he was in an
Al zone, therefore the wrecking yard would not be allowed. Chairman Shepard sug-
gested that we puruse the option presented by Commissioner Paulson - to bring it up
tomorrow night at the Redmond Comp Plan Meeting Work Session.
Commissioner Paulson brought up the fact that there are three vacancies on the
Urban Area Advisory Committee. Commissioner Paulson moved that the County appoint
Roy Matthews, James Powell, and Oran Teater to the Advisory Council. Commissioner
Young seconded it. Commissioner Paulson voted aye. Commissioner Young voted aye.
Chairman Shepard voted aye.
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Courthouse Annex
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Commissioner Paulson presented an inquiry from the U. S. Department of Census
asking whether or not the County wanted to take part in an information campaign
on the census to help get everyone to respond to the census material that it sent
to them. If we get a better response, we can get a more accurate indication of what
the actual population of the County is. The more accurate that indication, the
better our chances of getting more revenue sharing funds.
Commissioner Paulson presented a Proposed Policy for the Waiver of Conditional Use
application for placement of a mobile home for medical emergency use sent to the
County by Mr. Monroe. We have taken no action on his recommendation, which was
August 10. Chairman Shepard informed the Board that there is a standard criteria
by which the city of Bend makes determinations regarding special consideration
for income groups.
Commissioner•Young asked what the County is going to do about people who come into
the Planning Department and say they want a Minor Petition and the Planning De-
partment gives them false information. The error is discovered and the Planning
Department recommends the Board of Commissioners has not approved their Minor
Petition.
There being no further business this day, meeting was adjourned.
Respectfully submitted,
BOARD OF COMMISSIONERS