2007-693-Minutes for Meeting April 06,1977 Recorded 6/19/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS 1~~1 ~~0~-693
COMMISSIONERS' JOURNAL 06/19/2007 14;37;54 AM
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2007-693
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April 6, 1977
Court Day Minutes
Courthouse Annex
Attendance:
Bob Montgomery
Abe Young
Don Grubb
Dave Hoerning
John Killen
Nora Bell
John Boyd
Charles Trachsel
John Maly
John Rauhs
Rex Blosser
Herbil T. Taylor
Don Herbert
Lorin Morgan
Lucia Venator, Secretary
Dorothy Ryan
Marjorie J. Garrett
Rex A. Garrett
Pat Gisler
Dan Van Vactor
Robert L. Stalvey
Jack Thornton
Jeff Smith
Marla Rae
Bob & Theo Herwick
Bill Olson
Greg Lien
JIm Curtis
R. L. Coats
Chairman Montgomery called the meeting to order at 10:00 a.m. First order
of business was the scheduled 10:00 hearing on the proposed formation of
Lazy River Vector Control District. Dave Hoerning oulined the boundaries on
a map. Dan Van Vactor spoke on behalf of the petitioners of the district in
favor of the formation. Commissioner Grubb moved they dispense with
reading the lengthy legal. Commissioner Young seconded the motion with
the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye;
motion carried. Chairman Montgomery read the notice of Final Hearing. Abe
Young moved that May 4, 1977 at 10:00 a.m. be set for the date of the
final hearing on the Lazy River Vector Control District. Don Grubb
seconded the motion with the following vote: Don Grubb, aye; Abe Young, aye;
and Bob Montgomery, aye; motion carried.
Second scheduled hearing was on the proposed formation of Special Road
District No. 4. Dave Hoerning explained by the map that there was an area
to the south of the proposed boundaries that should have been included in
the original boundaries. Dan Van Vactor representing the petitioners of
said district said that the residents of the area to the south wish to be
included in the boundaries of the road district. Commissioner Grubb
moved that May 4, 1977 at 10:00 a.m. be set for the final hearing on the
proposed formation Special Road District No. 4. Commissioner Young
seconded the motion with the following vote: Abe Young, aye; Don Grubb,
aye; and Bob Montgomery, aye; motion carried.
There was no discussion Road Dept. or General Fund bills.
Robert Stalvey representing Dave Franke asked the Commission if they would
give Mr. Franke a partial release on property he is buying from the county
so that he can remove an old house from the premises for improvements to
the property. It was brought out that Mr. Franke owes $299.00 in back
taxes on the property and the DA recommends no action on this matter until
the back taxes are paid. Dave Hoerning said the value of the land is more
than the balance of the loan on the property. Commissioner Young moved
that upon proof of payment of the back taxes, the county give Mr. Franke
April 6, 1977
Court Day Minutes
Page Two
a partial release on the property. Commissioner Grubb seconded the motion
and then amended it to the effect that release will be given only when
the improvements made on the property are more than the value of house
at the time it was sold to Mr. Franke. Vote on the motion was: Abe
Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried.
Next item on the agenda was an order correcting the legal description
of Black Butte Ranch RFPD that was established on December 6, 1976.
This description is more detailed than the one on the order dated
December 6, 1976. Chairman Montgomery read the order. Abe Young moved
they adopt the order correcting the legal description of Black Butte Ranch
Rural Fire Protection District. Don Grubb seconded the motion with the foll-
owing vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye;
motion carried.
At request of Paul Speck, Deputy DA, the Commission was requested to pay
the court costs in the case of Sisters Shake Co., Inc. vs Loris Morgan.
Commissioner Grubb moved that the county pay the $53.30 court costs of the
above court action. Commissioner Young seconded the motion with the
following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye;
motion carried.
Next was a resolution for the vacation of a portion of 5th & Hill Streets
in LaPine. This. vacation was petitioned by James J. Ferns, Allen W.
Campbell, Carol E. Brewer, Gladys I. Brewer, Gordon E. Brewer and D. D.
Stolberg all of LaPine. Dave Hoerning read the petition. Abe Young
moved that May 18, 1977 beset as the hearing of objections, if any, to
said street vacation. Bob Montgomery seconded the motion with the
following vote: Abe Young, aye; Don Grubb, and Bob Montgomery, aye; motion
carried.
The award of the LaPine Solid Waste Franchise was scheduled next. The
Solid Waste Advisory Committee recommened awarding the franchise to Robert
Sutton dba LaPine Garbage Disposal Service recently purchased from Steve
Daley. Mr. Sutton was in the audience and told the Commission he will
live in LaPine and be avilable to the patrons of the area to handle all
complaints. Abe Young moved the LaPine Solid Waste Franchise be awarded
to Mr. Sutton. Don Grubb seconded the motion with the following vote:
Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried.
This franchise will be for a one year provisional period.
The Commissioners announ ced that there would be city-county meetings
held throughout the county starting with such a meeting in Redmond April
12, at 7:30 p.m. The cities will be invited to all meetings. A meeting
will be held in Sisters on May 12 at 7:30 p.m.
Next item on the agenda was the appointment of a chairman to the Welfare
Advisory Board. Commissioner Young attended the first meeting of the
newly formed Welfare Advisory Board and the members decided they wanted the
Board of Commissioners to appoint their chairperson rather than choose
one amoung themselves. Based on this Commissioner Young moved that Mae
Killen be appointed Chairperson of the Welfare Advisory Board. Don Grubb
April 6, 1977
Court Day Minutes
Page Three
seconded the motion with the following vote: Abe Young, aye; Don Grubb,
aye; and Bob Montgomery aye; motion carried.
Lorin Morgan presented the Commission with four zone change requests.
The first was for Elon Lee Wood from C-1, Tourist Commercial to C-2
General Commercial for property described per order dated April 6, 1977.
Mr. Wood wants to build anauto repair shop on this property. The
application is in accordance with the Bend Urban Area Comprehensive Plan.
Abe Young moved that this zone change request be granted. Don Grubb
seconded the motion with the following vote: Abe Young, aye; Don Grubb,
aye; and Bob Montgomery, aye; motion carried.
Second request was by Veta McNair from A-1, Exclusive Agricultural to
R-1, Urban Residential, Single Family, for property described per order
dated April 6, 1977. This request is in accordance with the Comprehensive
Plan in that there is a need for urban density lots in this area which
is adjacent to existing city size lots. Commissioner Young moved this
zone change request be granted. Commissioner Grubb seconded the motion
with the following vote: Abe Young, aye; Don Grubb, aye; and Bob
Montgomery, aye; motion carried.
Third request was by Peggy J. Fronabarger from A-1, Exclusive Agricultural
to SR-1, Suburban Residential for property described per order of April
6, 1977. This change is in conformance with statewide planning goals
and the Bend Urban Area Comprehensive Plan. Abe Young moved this zone
change request be granted. Don Grubb seconded the motion with the
following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye;
motion carried.
Fourth request was by E. W. Williamson from C-1, Tourist Commercial to
C-2, General Commercial for property described per order of April 6, 1977.
This request is for the purpose of building a retail tire store. This
request is consistent with the Deschutes County Comprehensive Plan as
this area is proposed for general commercial development. Abe Young
moved this request be granted. Don Grubb seconded the motion with the
following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye;
motion carried.
Chairman Montgomery opened discussion on the distribution of forest
receipts to the cities and the need to arrive at a formula that can be
used each year instead of changing from year to year. Commissioner Grubb
feels that the cities should accept county roadsinto their system that are
in the city limits. We have an Attorney Generals opinion to this effect.
Don favors a mile for mile basis for determining distribution of forest
receipts, using total miles in city limits against total miles in county.
Commissioner Young also favors a mile for mile. Commissioner Montgomery
favors a mile for mile basis also, but feels the mileage should include
only maintained roads, not total mileage. Dave Hoerning favors the mile
for mile formula but feels the county needs to determine what road they
would use to determine total mileage. It was the general consensus that a
.y
April 6, 1977
Court Day Minutes
Page Four
mile for mile basis be used for determining distribution of forest receipts.
Next Court Day, April 20, 1977 they will decide what roads to be included
in total mileage. Commissioner Grubb mentioned that according to ORS
the Commission has to approve where the cities spend their funds from
forest receipts.
At this time LOrin Morgan presented part one of the survey he has been
doing for the Commissioners, this part dealing with buildable lots in
urban areas of Deschutes County. His figures indicate there are 1900
buidable lots in the urban area of the county.
Pat Gisler, a local developer spoke at this time concerning a private
survey that he conducted. His survey showed there are only 188 buildable
lots in the urban areas of the county as of March 15, 1977. He feels
Lorin's survey indicates empty lots, not lots that have already been sold
and are waiting to be built on.
The Commission anounced they ahd received revised population figures from
the Bureau of Census at Portland State University. Upon the request of
the Commission a new survey was conducted and the results added 3000
people to the population of the county.
Dave Hoerning presented the Commission with seven road name changes in
the Cloverdale Fire District that the road department has recommended be
made. They are: Goodrich Loop to Goodrich Road, Goodrich Loop to
Edmundson Road, Goodrich Loop to Holmes Road, Cloverdale Market Road to
Slayton Road and Cloverdale Road, Cloverdale Market Road to Jordan Road,
Cloverdale Market Road to Geo. Cyrus Road and Plainview Road and
Varco Road to Gist Road. Charles Trachsel representing the fire district
spoke in favor of the name changes saying it will make it much easier to
find addresses in case of fire or emergencies. Commissioner Young moved
and Commissioner Grubb seconded that the road name changes be granted.
Vote was: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye;
motion carried.
Chairman Montgomery told the audience they had received a letter from the
Governor stating the potential energy shortage Oregon might have. Bob
Montgomery aid Deschutes County will initiate energy conservation practices
as their part in helping relieve the energy shortage.
Bill Olson from Bend Title Co., representing Dan Heierman and Vince Gisler,
developers/subdividers of Whispering Pines 4th Addition asked the Comm-
ission if they would be agreeable to releasing lots as sold in the sub-
division rather than holding to the terms of payment on the contract before
the subdividers could develop and improve the property. Bob Montgomery told
Mr. Olson the county is not in the subdivision business. Don Grubb said
the county has done this in the past and it is a headache to keep track of.
All Commissioners feel the land should be paid for before the county releases
any of the property for development. Commissioner Young moved that the
original purchase contract not be deviated from. Commissioner Grubb seconded
the motion with the following vote: Abe Young, aye; Don Grubb, aye; and
Bob Montgomery, aye; motion carried.
Q~
April 6, 1977
Court Day Minutes
Page Five
There being no further business or discussion, meeting was recessed at
11:45 a.m.
Respectfully submitted,
BOARD OF COMMISSIONERS
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DESCHUTES COUNTY
BOARD OF COMMISSIONERS
April 6, 1977
CALL TO ORDER:
10:00 a.m. Hearings
Proposed formation of Lazy
River Vector Control Dist.
Proposed formation of Special
Road District No. 4
Road Dept. or General Fund
bills - Discussion
Dave Franke - discussion of Penn Street property
Order - correcting legal description of Black Butte Ranch RFPD
Order - payment of Court Costs - Sisters Shake Co. Inc. vs. Lorin Morgan
Resolution - Vacation of portion of 5th & Hill Streets in LaPine
Award of LaPine Franchise
Discussion of County-City Meetings
Appointment of Chairman of Welfare Advisory Board
Planning Department: Zone Change Requests
1. Elon Lee Wood
2. Veta McNair
3. Peggy Fronabarger
4. E. W. Williamson
Discussion - Forest Receipts
Discussion from those present
Next Court Day - April 20, 1977