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