27-86-Minutes for Meeting April 19,1978 Recorded 4/19/1978April 19, 1978
Courtday Minutes
Courthouse Annex
Attendance:
Abe Young - absent
Don Grubb
Bob Montgomery
Dave Hoerning
Bill Monroe
Gary DeBernardi
Mardi Barnes
Nora Bell
Louis Selken
George Rede
Dave Holt
Clay & Ruth Edwards
Robert & Theo Herwick
Hollie Edwards
Robert A. Berryhill
Anson McCook
Bill Lyche
Jim Curtis
Frank J. Quinlan
Al Johnson
Edith Cook
Al Holden
Phil Holden
Don Peterman
Vernita Parker
Ken Theobald
Gene Haynke
Mike Bacon
Fulmer Bodtkin
Kathy Yutzii
vDL 27 PACE $6
Robert & Mary Waterman
Geneva Smith
Bob Finch
Gordon Hansen
Polly Spofford
Dean L. Rogers
Helen Rastovich
William & Eddylou Chester
Charlene O'Brien
Larry Lermo
Paul Reynolds
Frank Lewis
Maynard Hull
Dave Garcia
Robert & Louise Boekenauger
Gary & Verna Sachtjen
Myron Shelby
John Killen
Don Swisher
Dolo Cutter
Cal Eisher
Elvin York
Matt Fine
Robert Sutton
Neil Coulter
Pat Gisler
Charles Plummer
Jon Oshel
Jack Thornton
Margery Sorenson
La Donna Moore, Secretary
Chairman Young was absent this courtday meeting so Commissioner Don Grubb, acting
Chairman, called the meeting to order to 10:00 a.m. First item on the agenda was the
Hearing for the Establishment of Newcastle Drive, Brightenwood Circle, Newbedford
Circle, and Brightenwood Lane all in Brightenwood Estates Subdivision as County Roads.
Commissioner Montgomery noted these roads were north of Woodside Ranch and a plan
map was included. Commissioner Montgomery made a motion to accept these orders.
Chairman Grubb seconded the motion. Vote was unanimous.
Next on the Agenda Chairman Grubb opened discussion on the Bend Municipal Airport so
the people attending this meeting could state their case and wouldn't have to sit
through the entire Courtday meeting.
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The spokesman for the Bend Airport was Dave Holt who said he had been involved in the
operation of the Airport for 25 years. He said due to the growth of the area around
the Airport and in its current location, it is rapidly becoming encroached upon.
Mr. Holt pointed out that other airports, such as Beaverton, have had to close down
because of this encroachment problem. He said that they wanted time to try and get
federal dollars for further development of the Airport, and they also need this time to
properly plan the land usage with the County. They didn't feel it was fair for residents
to purchase property in an unplanned area as it relates to the Airport and asked that
a moratorium be set on properties surrounding the area. Mr. Holt said he would answer
questions at this point. Commissioner Montgomery told the group that this was not a
hearing and that we were not talking of a moratorium and asked for an explanation of
the map they had received. He also made the point that there was not a single person
in the audience representing the City of Bend and they were definitely involved in this
situation. Mr. Holt introduced Margery Sorenson who is also involved with the Bend
Airport. She went on to explain the A, B, and C on the map. Mrs. Sorenson explained
that Area A was the most noise impact area. It is an area that the Airport would like
excluded completely from any family dwellings. It is an area of highly -concentrated
noise suitable for perhaps motels and transient lodging, light manufacturing, whole-
saleing, and agricultural in open spaces. She said they made no recommendations for
zoning at this time. Area B is a serious noise area. In this area single family
dwelling should be discouraged. Possible multiple family dwellings could be put in
this area with heavy insulation in the buildings. Other uses could be manufacturing,
wholesaleing, retailing, etc. Mrs. Sorenson went on to explain that Area C was a low-
density area and this area could be good for development of single family dwellings
with additional insulation. Other uses for this area would be schools, hospitals,
and recreational areas. She also pointed out that the Airport is a fixed asset and
the Bend Airport is the 7th busiest airport in the State. To replace this Airport
would cost $12 to 2 million dollars for facilities alone plus all the problems of
building a new airport.
Chairman Grubb then introduced a memorandum from the District Attorney's Office and
Assistant District Attorney Bill McCann read the memorandum which said that it would
be discrimination against the land owners within the present area by the Airport to
declare a moratorium on building and development of this area. It would violate the
land owners' constitutional rights, and they possibly would have reason to sue the
County because the land would have been taken by the County under Eminent Domain and
they would have obtained money for it.
Commissioner Montgomery also pointed out that if there was a moratorium then the
sewage plant in that area would have to be stopped too, and that was unlikely. He
asked why the land on the North, owned by BLM, couldn't be used and perhaps work out
a moratorium in that direction. Chairman Grubb said that wind direction has to be right
to take off and they would be taking off over private property. He also said that this
problem should be put back into the hands of the Planning Department and hearings will
have to take place before anything can be done. Chairman Grubb said he felt something
should be done about rezoning within the high -noise level but we must go through the
legal process to do this.
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Mr. William Pruitt, representing the Property Owners Association and 240 people in
the Airport area, spoke next saying that the people he was representing were opposed
to this moratorium. He then presented a Resolution which was drawn up April 10 and
ratified April 17, 1978, which set down these four statements:
1. A larger airport with jets, etc., would not be compatible with the air -
crafts now landing and could be detrimental. There has also been a financial loss
incurred when agreements have been canceled because of statements made by the Airport
Commission and printed in the Bulletin.
2. The people oppose any re -alignment of Nelson Road.
3. The people support the existing residential zones in the area.
4. The people oppose any suggestion of an industrial area. Any industrial
waste could cause problems. They feel the BLM land 4 miles east could be granted
by the Government for an airport there.
Mr. Pruitt said the Association respectfully requested that the County Commissioners
deny and impose a halt to any further expansion in accordance with zoning laws.
Chairman Grubb told the group that the matter would be closed in five minutes as
this matter was going into the hands of the Planning Commission and they would have
to make the final decision on this. He pointed out that as of this moment there is
no moratorium on any of this property. Bill Monroe, Director of Planning Dept., was
instructed not to use this word moratorium under any circumstances. Commissioner
Montgomery made a suggestion that the Planning Commission of the City of Bend and
the Planning Commission of the County get together with a special meeting to settle
something on this matter. At this point Chairman Grubb said the discussion on this
matter was over and that it would be placed in the hands of the Planning Dept.
Next item on the Agenda was the Vacation of a portion of Central Avenue and a portion
of 14th Street in Terrebonne, Oregon. Chairman Grubb read the Resolution. Commissioner
Montgomery made a motion to adopt the resolution and hold a hearing. Chairman Grubb
seconded the motion. Vote was unanimous.
Next Chairman Grubb read the order for appointment to the Energy Citizens Advisory
Committee which consists of: Dave McCowen, Bob Danko, Peggy McKenna, Marily Lakey,
Patrick Connell, Stewart Pagenstecher, Douglas Miller, Dottie DeWitt, Norma Cleveland,
Pat Porter, Catharine Helmers, Deanna Richards, Ralph Hergenrader, and Polly Spofford.
Commissioner Montgomery made a motion to accept this order. Chairman Grubb seconded
it. Vote was unanimous. The Planning Commission is to notify these people by letter.
Chairman Grubb then read the order for appointment to the Fish and Wildlife
Committee consisting of: Ken Walter, Pat Gisler, Harold Jones, Bob Lockrem, Don
Brennan, Brian O'Keefe, Ted Fies, Doug Muck, Julie Johnson, and Jeff Hunter.
Commissioner Montgomery said that Jeff Hunter wished to be put on the appointment
list and recommended that he be put on since we need people from Redmond on the
Committee. Chairman Grubb asked that he be added to the list. Commissioner
Montgomery made a motion to accept this order. Chairman Grubb seconded it. Vote
was unanimous. The Planning Commission is to notify these people by letter.
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Chairman Grubb read the order in the matter of File No. Z-78-4, zone change request
by Warren Downhour. Commissioner Montgomery made a motion to accept this order
for zone change. Chairman Grubb seconded it. Vote was unanimous.
Next Chairman Grubb read the order for the renaming of Burr Road to Ridgewood
Drive. Commissioner Montgomery made a motion to accept this order. Chairman
Grubb seconded it. Vote was unanimous.
Chairman Grubb then read the order for the renaming of Sunflower Trail to Chisholm
Trail and Ken Walters being the only property owner, the name change would not be
an inconvenience to a large group. Commissioner Montgomery asked if a subdivider
fee is charged to change these names. He said the taxpayers should not be paying for
this just because someone decides they don't like that particular street name. This
should be checked into. Commissioner Montgomery then made a motion to accept this
order. Chairman Grubb seconded it. Vote was unanimous.
Carole Wells asked if it would be acceptable to present appointments to committee
members by hand. The Commissioners agreed that members should have some sort of
written statement of their appointment.
Leo Coulter asked about approval by the Planning Commission of a mobile home park.
The opinion of District Attorney Selken was that this was illegal but nothing would
be done unless an appeal from the County was filed. The District Attorney also said
that the normal appeal process happens when someone is getting hurt on the particular
issue at hand; the Commissioners are looking into the matter. Commissioner Montgomery
said at this time there is no place in Deschutes County to put mobiles except on 5 -
acre sites, and we should look into getting an area properly zoned so that there will
be a place for mobiles.
There being no further business, the meeting was recessed at 11:35 a.m.
Respectfully submitted,
BOARD OF COMMISSIONERS
CHAIRMAN
COMMISSIONER
COMMISSIO
DESCHUTES COUNTY
BOARD OF COMMISSIONERS
April 19, 1978
- COURTDAY AGENDA -
CALL TO ORDER:
DISCUSSION - ROAD DEPARTMENT OR GENERAL FUND BILLS
10:00 a.m. Hearing:
Establishment of Newcastle Drive,
Brightenwood Circle, Newbedford
Circle, and Brightenwood Lane
all in Brightenwood Estates
Subdivision as County roads
Resolution - Vacation of a portion of Central Avenue and a portion of 14th Street in
Terrebonne, Oregon
Appointments to Energy CAC
Appointments to Fish and Wildlife Committee
Order - In the Matter of File No. Z-78-4, zone change request by Warren Downhour
Orders - Renaming Burr Road to Ridgewood Drive
Renaming Sunflower Trail to Chisholm Trail
Discussion - Bend -Airport
Discussion from those present
Next Courtday - May 3, 1978