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28-179-Minutes for Meeting August 02,1978 Recorded 8/2/1978August 2, 1978 Courtday Minutes Courthouse Annex Attendance: Abe Young Don Grubb Bob Montgomery Jon Oshel Jack Thornton Marla Rae Clark Walworth Mr. & Mrs. Robert HerA ck Nora Bell John Joyce Ron Anderson Carl Nichols Jim Curtis H. E. Hartman Gary DeBarnardi Dari d Ellison David Jaqua La Donna Moore, Secretary a 28 PAG -L 179 Chairman Young called the meeting to order at 10:00 a.m. First item on the agenda was the hearing on the vacation of a portion of Vogt Road. Chairman Young opened the hearing and asked if there were any objections. Since there were none, Chairman Young closed the hearing. Commissioner Montgomery made a motion for the adoption of this order, and Commissioner Grubb seconded it. It was explained that Vogt Road is a small portion off Boyd Acres Road and doesn't do anything useful at the present; it is a matter of cleaning up the area. Question was called for and the vote was unanimous. Next on the agenda was the decision of the Commissioners on the Sunriver Land Sale, Alternative "D-4". A hearing was held last evening, August 1, with about 40 people present. There was no opposition, and at this time the Commissioners decided to make the land sale. Commissioner Grubb had prepared an order and said he would read it then a motion can be approved so there will be discussion. Commissioner Grubb read the order and said the reason for the contingencies in this order was to make sure that these roads were done within a certain time period. Commissioner Montgomery explained that the roads, #1808 and #1831, are access roads into this area; #1831 leaves the Lava Lands and we are talking about 1 mile of road that needs to be dedicated. Road #1808 goes to the cinder pit and should be a shorter access from the West so that when the area is completely developed there will be 3 accesses in. Chairman Young explained to the public that the Commissioners are concerned with having access in and out of this area, and we do not think one access road will handle the traffic; there should be a northerly access. Commissioner Montgomery asked what would happen if 6 months from now somebody determines it isn't better to come out at the place specified in the order; can a paragraph be added so that we can change it if necessary. Mr. Nichols of the Forest Service said that the Forest Service agreed with the Commissioners and said that they were in the process of preparing an environmental analysis. After this is done, the Forest Services may decide that a different access route would be more feasible. Mr. Anderson spoke then and said that he felt it was impossible to be held to a certain date to have this done. With the development going on it was certain that these roads would have to be done and could possibly need more roads than thought now. He said he felt the time to do these things was when the need presented itself. e t VOL 28 PAGE 180 August 2, 1978 Courtday Minutes Courthouse Annex Page 2 Mr. Anderson stated that in the hearings record of the Sunriver Phase II plan it states that the Forest Service is to provide under permit satisfactory to all parties and the State highway will be resolved in that consideration. There will be three parties involved in these considerations, the developers, Forest Service, and the Commissioners. Commissioner Montgomery asked if it would be possible to get an easement throught to Road 1831 and 1808. This way we would have something down in writing and still be flexible. Earl Nichols said yes the Forest Service would give an easement to the County and he would provide the Commissioners with copies of what is needed for the easements. Chairman Young said the Commissioners could still approve the order if the contingencies were withdrawn from the motion; Commissioner Grubb withdrew the contingencies from the motion and reread the first portion of the order. Which read: "In the Board of County Commissioners of the State of Oregon for the County of Deschutes, in the matter of the Sunriver Land Sale to the U.S. Forest Service. This matter coming before the Commission upon the U.S. Forest Service petition and the Commission having made an investigation and being advised, has hereby ordered that the records show that the Deschutes County Board of Commissioners approved the Sunriver Land Sale, known as Alternative "D-4", to the U.S. Forest Service." Commis- sioner Montgomery seconded it. Vote was unanimous. Commissioner Montgomery wanted it known for the public's benefit that the land sold was for a total of $3,100,000.00; 420,000 cubic yards of rock. Chairman Young said that a certified copy would be sent to the State Forester in Salem and the Forest Service here would be provided a copy also. Next on the Agenda was discussion of the Road Department of General Fund Bills, and since there was no discussion, Chairman Young moved on to the next tiem. Next item on the Agenda was a resolution for vacation of a portion of Milwaukee Avenue in Bonne Home Addition. Chairman Young read the resolution, and since a letter of protest to this vacation was sent by Central Oregon Engineering and Surveying, Commissioner Grubb made a motion to table this road vacation. Commissioner Montgomery seconded it. Vote was unanimous. Chairman Young read the order for renaming of a public road from Wells Acres Road to Daggett Lane. Commissioner Grubb made a motion to adopt the order; Commissioner Montgomery seconded it. Vote was unanimous. Next on the Agenda Brian Christensen from the Building Dept. said that a committee had been formed to write up a Mineral and Aggregate Interim Proposal to be adopted until the final proposal is formally adopted. At that time, the County Comprehensive Plan and Surface Mining Ordinance will be adopted with a map outlining where the surface mining areas are in the county. This interim policy will protect these minerals until the final proposal is formally adopted. The interim policy says that in any land development proposal there will be consideration by the County Planning Commission, County Hearing Officer or any other county personnel or agencies, and they shall identify all and any areas where rural subdivisions and other land uses are in conflict with existing or potential mineral and aggregate resource areas, � r VOL '48 PAGE 11 August 2, 1978 Courtday Minutes Courthouse Annex Page 3 taking into consideration the areas that have been identified as potential conflict areas by the Mineral and Aggregate Advisory Committee, as well as pertinent evidence and information of possible conflict areas. Commissioner Grubb asked if this had a public hearing and the answer was yes, on June 28. Chairman Young asked if the Commissioners could approve the Interim Program today and was informed that they could. Commissioner Grubb made a motion to adopt the Mineral and Aggregate Interim Proposal, and Commissioner Montgomery seconded it. Vote was unanimous. Next on the Agenda Chairman Young read the letter of appointment of Dr. Ivan East- wood to the Deschutes County Home Health Advisory Board. Commissioner Montgomery moved for .appointment of Dr. Eastwood, and Commissioner Grubb seconded it. Vote was unanimous. Chairman Young read the letter of appointment of Xenneth Reinke to the Deschutes County Library Board of Trustees, replacing Chuck Austin, who recently resigned. Commissioner Montgomery made a motion to approve the .appointment, and Commissioner Grubb seconded it. Vote was unanimous. Next Chairman Young read the request for zone change by Northwest Commercial from A-1, Exclusive Agricultural, to C-2, General Commercial. Chairman Young stated that he had gotten a call from Ed English, City Manager of Redmond, and the Redmond Plan- ning Commission had approved this zone change. Chairman Young read the order, and Commissioner Grubb moved for the request to be brought back to the table. Commis- sioner Grubb then made a motion to adopt the zone change request by Northwest Com- mercial from A-1, Exclusive Agricutural, to C-2, General Commercial. Commissioner Montgomery seconded it. Vote was unanimous. Commissioner Montgomery said that he was personally and totally opposed to this zone change, and it should be stipulated on the order that the Redmond City Planning Commission approved it. Next on the Agenda were the appointments to the Sisters Urban Area Planning Advisory Committee (Subject to approval of the Sisters City Council) and appointments to the Redmond Urban Planning Advisory Committee. Chairman Young read the orders. Commis- sioner Montgomery seconded it,vote was unanimous. Chairman Young asked if there was discussion from those at the meeting and Herb Hart- man brought up the fact that he thought there might be a possible violation of the Subdivision Control Act by the Tumalo Irrigation District. Bill McCann, Deputy District Attorney, informed Mr. Hartman that he should contact Phil Paschke, the Code Coordinator, and he could look into this matter. Bill Monroe was also asked to look into it. Next the Urban Growth Boundary Findings of Fact and Preliminary Growth Pattern was discussed. Chairman Young wanted it known that the adoption of this is necessary to satisfy LCDC. It has been approved by the City Commission, who had asked for and received a 120 -day extension. It was delivered to us on the 29th of July with an August 1st deadline for adoption. For the record, the County has not had a proper amount of time to really look over this proposal and is being pressured to go ahead and adopt it anyway. Commissioner Montgomery made a motion for adoption of the Urban Areas Boundary and findings of fact for that boundary and nothing else. Commissioner Grubb seconded it. Vote was unanimous. There will be discussion on this the 23rd of August at the Planning Commission meeting. + , I VOL 28 PAGE 182 1 August 2, 1978 Courtday Minutes Courthouse Annex Page 4 Commissioner Grubb brought up the Amendment to PL -5 and said that he didn't agree with the rezoning of RR -1 to A-1 and Bill McCann said that R-1 has not been taken up with the Planning Commission. His suggestion was to send the recommended amend- ment back to Planning for their approval. Commissioner Grubb made the announcement that as of today he was withdrawing as a candidate for County Commissioner and a replacement can be appointed. Chairman Young introduced Clay Shepard as a visitor at the meeting today. There being no further business, court recessed at 11.40 a.m. Respectfully submitted, BOARD OF COMMISSIONERS CIA. / CQQMISSIONER DESCHUTES COUNTY BOARD OF COMMISSIONERS August 2, 1978 - COURTDAY AGENDA - CALL TO ORDER: Decision - Sunriver Land Sale 10:00 a.m. Hearing Vacation of a Portion of Vogt Road DISCUSSION - ROAD DEPARTMENT OR GENERAL FUND BILLS Resolution - Vacation of a Portion of Milwaukee Avenue in Bonne Home Addition Order - Renaming of a Public Road from Wells Acres Road to Daggett Lane Discussion - Mineral and Aggregate Interim Proposal Appointment to the Deschutes County Home Health Advisory Board Appointment to the Deschutes County Library Board of Trustees Planning: (1) Zone Change Request, Northwest Commercial from A-1, Exclusive Agricultural to C-2, General Commercial Discussion from those present Next Courtday - August 16,1978