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25-758-Minutes for Meeting September 07,1977 Recorded 9/7/1977. r VOL 25 PAGE 758 September 7, 1977 Courtday Minutes Courthouse Annex Attendance: Bob Montgomery Don Grubb Abe Young Clay & Ruth Edwards Robert & Theo Herwick Janet M. Paull Debbie Shuffield Gordon Owen Nora Bell Richard Barton Lorin Morgan Louis Selken Rod Webre Linda Brooks Margaut Troyer Jack B. Thornton Jeannie Brown Juanita Barton John Killen Dave Hderning Charles Plummer Gary DeBernardi Lucia Venator, Secretary Chairman Montgomery called the meeting to order at 10:00 a.m. First item on the agenda was the bid opening on a Motor Grader for the Road Department. Dave Hoerning opened and read the bids: Feenaughty Machine Co. no bid; Walter Pacific Equip. Co. no bid; Trail Equipment Co. no bid; Pape' Bros. Inc. $73,491.00, guaranteed minimum repurchase, $63,457.00, total cost bid: $29,935.00. Delivery date approximately six weeks. Apparent low bidder was the only bidder, and after specifications are checked the successful bidder will be announced. Next item on the agenda was the proposed formation of a Restricted Area for Firearms in the Tumalo area. Chairman Montgomery opened hearing for testimony in favor of the district. Linda Brooks, key petitioner spoke in favor of the district and outlined the boundaries on a map. She told the audience of the near mishaps of stray bullets in the Tumalo area and the need for such a restriction. Richard Barton spoke in favor of the district and said he feels an emergency clause should be added to put the restrictions of this district into effect immediately. Vick Heinz and Juanita Barton spoke in favor of district. Linda Brooks presented the Commission with a petition of additional names of property owners in the proposed district, but not registered voters. Chairman Montgomery asked for testimony in opposition to the formation. There was none. He then read the order for the formation. Commission Young moved they adopt the order forming the district restricting the use of firearms. Commissioner Grubb seconded the motion saying that County Ordinance No. 203-5 which permits this district formation had been in effect since 1975 and this was the first such district formed. Vote was unanimous. Next was a preliminary hearing on the proposed annexation of the East Half Northeast Quarter and that portion of the West Half of Northeast Quarter lying North of the main Arnold Irrigation Canal, of Section 28, and the North Half of Section 27, all in Township 18 South, Range 12, E.W.M. to Rural Fire Protection District No. 2. Chairman Montgomery called for testimony either for or against said annexation. There was none. Commissioner Grubb moved that October 5, 1977 be set as the final hearing on this annexation. Commissioner Young seconded the motion and the vote was unanimous. VOL 25 PAcE 759 September 7, 1977 Courtday Minutes Page 2 Next scheduled hearing was on the establishment of Rusticate Road as a county road. There was no testimony for or against said establishment. Commissioner Grubb moved that Rusticate Road be established as a county maintained road. Commissioner Young seconded with a unanimous vote. The vacation of a portion of 17th Street in Terrebonne was scheduled next. Janet M. Paull, petitioner spoke in favor of the vacation saying the street went nowhere and the vacation would improve all the affected property owners. Debbie Shuffield spoke in opposition to the vacation on the grounds that it would block access to property she owns. She said they didn't sign the petition because they were in the process of buying the property when petition was circulated and were not the registered property owners at the time. Because of the friction over this vacation and the fact the Commissioners did not view the property involved, Commissioner Young moved this matter be continued at the September 21, 1977 meeting. Commissioner Grubb seconded the motion. Vote was unanimous. The vacation of portions of Center and Caledonia Streets in Centralo at Deschutes Junction was next. Chairman Montgomery called for testimony. There was no testimony either for or against. Charles Plummer explained these were streets in a platted subdivision that was never developed. Commissioner Grubb moved the street vacations be granted. Commissioner Young seconded the motion. Vote was unanimous. There was no discussion on Road Department or General Fund bills. Commissioner Grubb opened discussion on building permit fees for all Public Agencies in Deschutes County. Don explained this was put on the agenda to solve problems before they arise because the school district will be needing permits to build the new Jr. and Sr. Highschools. He feels the county shouldn't charge public agencies for building permits if Deschutes County taxes are used in the construction. Don would rather see the money put into the building instead of fees. Commissioner Young supports this theory also. This covers building permit fees only. Commissioner Montgomery questioned what agencies this would cover. He prefers to continue on the basis of past practices - consider each request for waiver of building permit fees on an individual basis rather than this approach. He feels Commissioner Grubb's suggestion will create problems. Clay Shephard, City Councilman feels they should be waived at the time requested also. Commissioner Grubb moved the County exempt building permit fees for public agencies when Deschutes County tax dollars are used. Commissioner Young seconded the motion. Vote was: Don Grubb, aye; Abe Young, aye; and Bob Montgomery, no motion carried. Two zone change requests were presented next. The first was for Tom Pederson from R-2, Urban Residential, Multifamily and C-1, Tourist Commercial to C-2, General Commercial for property described as follows: T18S, R12E, Section 8 AD, tax lot 700, Section 8 D tax lot 300 on the corner of Powers Road and Parrell Road for a 24 lane bowling alley. This zone change has the unanimous recommendation of the Planning Commission. Abe Young moved they approve the zone change request for Tom Pederson. Don Grubb seconded. Vote was unanimous. I- va 25 wE760 September 7, 1977 Courtday Minutes Page 3 Second request was by Kenneth R. Smith from R-1, Urban Residential, Single Family to R-2, Urban Residential, Multi Family for property described as: T17S, R12E, Section 26, the Westerly 660 feet of tax lot 801 lying NE of Neff Road and Denser Road intersections, for construction of multi family units. This zone change has the unanimous approval of the Deschutes County Planning Commission. Don Grubb asked Lorin Morgan if this area will eventually be high density. Lorin said there was no detailed information to answer this question. Commissioner Young moved this zone change be granted. Commissioner Grubb seconded the motion. Vote was unanimous. At this time Chairman Montgomery presented the name of Heather Eggleston as a replacement on the Library Board. She will fill the unexpired term of Sherie Hahn. Commissioner Young moved she be appointed to fill the vacancy on the Library Board. Commissioner Grubb seconded the motion. Vote was unanimous. Her term will expire July 1, 1980. Last item on the agenda was an order setting a hearing on the proposed annexation to Choctaw Village Sanitary District. Dave Hoerning outlined the boundaries of the annexation in relation to the district boundaries. One parcel of property is contiguous and one is not. All are in area of pump station No. 6 of the Bend Sewer Station. Commissioner Grubb moved to set October 5, 1977 at 10:00 a.m as the hearing on this annexation. Commissioner Young seconded the motion. Vote was unanimous. Don Grubb told the audience that the county had received no word from the EDA about the $144,380 reduction in our Justice Building Grant. Jeannie Brown, representing home owners on Fryrear Road took the floor and asked the Commission when they could expect action on the petition presented to the Commission for improvement of Fryrear Road. Chairman Montgomery told her they reviewed the petition and sent it to the Road Advisory Board for consideration. Mrs. Brown said they wanted action now, they have been put off for two years. She said the school bus driver has threatened to discontinue driving Fryrear because of the poor condition of the road. Charles Plummer, Roadmaster acknowledged that if there was a school bus problem it was the responsibility of the bus driver to report it to his supervisor and the supervisor would communicate with the Roadmaster. He went on to say the road had recently been graded. He told Mrs. Brown the Road Advisory Board was in the process of determining priorities, by area, of which roads need attention. Dave Hoerning said the present Road Advisory Board is them t active they have ever had and that they have been meeting once or twice a month/ epare a list of priorities. John Killen, a member of the board, reaffired the fact that the Road Advisory Board existed. Mrs. Brown was told nothing but possibly grading would be done until spring and then Fryrear Road may be paved if it is given a high priority by the Advisory Board. Chairman Montgomery told the audience that contrary to what they have been seeing in the Bulletin, the County Commissioners have received no correspondence on the Sunriver- Forest Service land sale and the Commission will not make a decision until they know the sale price. VOL 25 ?AcE 761 September 7, 1977 Courtday Minutes Page 4 There being no further business or discussion, meeting was recessed at 11:10 a.m. Respectfully submitted, BOARD OF COMMISSIONERS q&& CHATMAN COMMISSIONER COM SI NER