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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 IIIIIIII IIIIIIIIIIIIIIIIIIII III 2007-693 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page , f 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 CO ONER ~'~l°5 f+'a~iTrse( lef-)v pj Lct, (N -e, 6ct,~ b 03 c ~,sQoscP 121 ~oSC ~c> ! 2 ~Gy~-~ /LA ,l/r/✓ 63333 Dc.00,~+M~5 rz~v . J~e 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