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2007-699-Minutes for Meeting June 01,1977 Recorded 6/19/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS Vd i~V~-699 COMMISSIONERS' JOURNAL 06/19/2007 10:37:54 AM 111 ill[ Iilllllllllllll11111ill 206,! Do not remove this page from original document. Deschutes County Clerk Certificate Page X C d~4 W 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 June 1, 1977 Court Day Minutes Courthouse Annex Attendance: Bob Montgomery Don Grubb Abe Young Dave Hoerning Louis Selkin Lorin Morgan Clay & Ruth Edwards Linda L. Brooks Carol Jackson Jean Elliott Harvey E. Ritchie Vita Fleming Ken Fleming Mert Troyer Margaret Troyer LaMoine Brant Anson G. McLook Jeff Smith Dennis Kerr Peter R. Caine Nora C. Bell Wm. Newell Wayne Roan Lucia Venator, Secretary Chairman Montgomery called the meeting to order at 10:00 a.m. First order of business was the bid openings for Paving - Bridges. Because they were not ready to read the bids, they moved on to the next item which was a continuation of an April 20, 1977 hearing on the vacation of an unnamed public road in Section 25, Township 17 South, Range 12 E.W.M. This matter was tabled from a previous meeting because of confusion over the possibility of this street vacation landlocking an adjoining piece of property. Dave Hoerning explained that he had spoken to the Hanners and they have agreed to the street vacation. Dennis Kerr, petitioner spoke in favor of the vacation. Chairman Montgomery closed the hearing. Commissioner Young moved that the street vacation be granted. Don Grubb seconded the motion with a unanimous vote of the Commission. Bid openings for paving - bridges were: Central Oregon Pavers $13,760.00 Bend Aggregate & Paving 17,265.00 Engineers estimate 11,415.00 Central Oregon Pavers were the apparent low bidders and after extensions are checked, the official bidder will be announced. The land transfer to the City of Bend was scheduled next. Chairman Montgomery opened the hearing. There were no representatives from the City of Bend present to testify for the land transfer. Based on this Abe Young moved they continue this matter until next Courtday, June 15, 1977. Don Grubb seconded the motion. Vote was unanimous. Next scheduled hearing was on the vacation of portions of Ninth Street, Tenth Street, Wharton Avenue and an alley in Tumalo. These streets were petitioned for vacation by LaMoine Brant, Harriett Horn, Otis and Lorene Collins, and Dick Asseln all of Bend. They plan on building a shopping center in this area and the street vacations would simplify matters. Dave Hoerning presented the Commission with a petition signed by about forty property owners in the Tumalo area asking that the street vacations be denied. Dave double checked with the State Highway Dept. and they confirmed their position that there would never be any access from the main highway to these streets. LaMoine Brant, Developer presented his development plan to the Commission. It is a four phase plan to be completed in four to five years. He told the audience this plan can be implemented without the street vacations, but they would simplify matters. June 1, 1977 Court Day Minutes Page Two Mr. LaMoine went on to say that this area is zoned properly for his development plans. Under opposition, Harvey Ritchie said he felt the area should be re-zoned residential instead of commercial. Ken Fleming said he was concerned with the additional traffic and children walking to and from school. Margaret Troyer said that 8th Street was the only exit from this area. Linda Brooks asked what part of the road would be improved and how. Mr. LaMoine said they would improve the street running in front of the pro- posed development and there would be curbs and sidewalks up to city and county standards. He said there would be retail business in his development only, no taverns. Commissioner Grubb summed up his opinion by saying the area is properly zoned for the proposed im- provement and that the affected streets will be improved. Based on this, Commissioner Grubb moved the street vacations be granted. Abe Young seconded the motion. Commissioner Montgomery does not agree with the street vacations. He feels the people who live in the area are the ones whose feelings should be taken into consideration and the petition given to the Commission was signed by approximately 42 citezens in the Tumalo area - requesting the street vacations be denied. Vote on the motion was: Don Grubb, aye; Abe Young, no and Bob Montgomery, no; motion for street vacations was denied. Last scheduled hearing was on an amendment to Subdivision Ordinance No. PL-2. Lorin Morgan explained there have been no amendments to the ordinance since it went into affect. The purpose of the amendment is to delegate to the Planning Commission the authority granted to the Board of Commissioners to review subdivisions pursuant to ORS 696 and to provide for appeal to the Board of Commissioners from an action of the Planning Commission. Chairman Montgomery asked for discussion on this amendment. There was no testimony for or against the amendment. Commissioner Young moved the amend- ment be adopted. Commissioner Grubb seconded the motion. Vote was unanimous. Scheduled next was the first reading of proposed County Ordinance No. 203-9 pertaining to the Regulation of Dog Kennels, Pet Shops and License Fees. Chairman Montgomery read the ordinance. Commissioner Grubb asked the reason for the ordinance. Jess Smith, Senior Dog Control Officer told the Commission it was mainly for the protection and regulation of kennel owners. At the present time, kennel owners do not have to license their dogs. This ordinancd would require a kennel fee of the kennel owners as well as inspections of the kennel or pet shop by the dog control officers and the State of Oregon veterinarians. Mrs. Moe, owner of the Town and Country Pet Shop said she would like a copy of the ordinance to review. She feels the ordinance should protect the dogs and if it is not written with these provisions, it will not be effective. Louis Selkin, District Attorney feels the Dog Control Board should be present June 15 for the second reading. Discussion of a Hearings Officer for the Planning Department was next. The Commission feels a Hearings Officer could take care of the routine matters for the Planning Commission. It will be necessary to find the funds for financing this position which will cost approximately $200-400 per month for part time. Don Grubb said appeals of the Hearings Officer can be appealed to the Planning Commission. ORS 215.406 gives the Board of Commissioners the authority to appoint a Hearings Officer. The qualifications of a Hearings Officer will be determined by the County Commissioners. All three Com- missioners favor this action. Abe Young moved they proceed with hiring a Hearings Officer and having the necessary ordinance drawn up by the DA's office and taking care of the budgeting necessary to finance this position. Bob Montgomery seconded the motion with a unanimous vote of the Commission. June 1, 1977 Court Day Minutes Page Three Next was discussion of a land transfer to the Bend Metro Parks District. The park is interested in 120 acres on the corner of Neff and Hanby Roads. The park district, if they have the land can project this in their ten year plan. Leonard Gray from the park board told the Commission they do not have any firm plans for this area, but they have a list of 29 uses the board will consider. Abe Young moved they proceed with the mechanics for a public hearing on this land transfer. Don Grubb seconded the motion. Vote was unanimous. Dave Hoerning presented the Commission with a foreclosure list of property owners in Road Improvement District #4 (Deschutes River Woods) who have not paid their assessment for road improvement. Each property owner owes $390.45 together with $61.63 interest to redeem their property. They will be properly notifed of this action. Don Grubb moved they proceed with the foreclosure process on the said property in Deschutes River Woods of Ben W. Alexander and James Richards. Abe Young seconded the motion. Vote was unanimous. Next was a resolution to establish Obsidian Avenue, Wickiup Road, Tomahawk Street and Arrow Drive all in Arrowhead Acres as county roads. These roads have met county standards and are ready to be included in the county maintained system. Abe Young moved that July 6, 1977 be set as the date for the hearing of objections, if any, to establishing these roads as county roads. Don Grubb seconded the motion. Vote was unanimous. An order changing the street name of Doggie Avenue to Branding Iron Court was scheduled next. Doggie Avenue is in the subdivision of Cimmaron City, Plat #150. The name of Doggie Avenue was a duplicate in the county and was changed to Branding Iron Court by the Planning Department. Mrs. Nunley, one of the first property owners on the street objects to the name Branding Iron Court. The rest of the property owners on the street favor Branding Iron Court. Jon Oshel from the Road Department sent out a meeting notice to Mrs. Nunley, but did not to the property owners that favor the name Branding Iron Court. Following a discussion, Abe Young moved that this matter be tabled until June 15, 1977 and all property owners be notified. Don Grubb seconded the motion. Vote was unanimous. Planning Department had one zone change for consideration by the Board of Commissioners. It was for Ross Mather from A-1, Exclusive Agricultural to PD, Planned Development for a piece of property bordered on the north by Century Drive and south by the Deschutes River, west of and adjacent to Mr. Bachelor Village. This request is consistent with the Bend Urban Area Comprehensive Plan and has the unanimous approval of the Planning Commission. Based on this Don Grubb moved and Abe Young seconded that the zone change be granted. Vote was unanimous. Under open discussion, Dave Holton, Chairman of the Bend Airport Committee took the floor and apologized for not being here at the time of the land transfer hearing earlier in the meeting. It was decided since the matter was officially tabled, it could not be acted upon again until June 15, 1977. The Commission said an official from the City of Bend needs to be present as the land transfer is to the City of Bend. Dave Hoerning reminded Mr. Holton that the City of Bend has to provide the county with an appraisal of the property involved in the land transfer. June 1, 1977 Court Day Minutes Page Four Marbell Smith, representing the Senior Citizens took the floor and told the County Commissioners that their funding from the state for their bus has been cut off and they are requesting financial help from the county and city to continue their bus service. Commissioner Montgomery asked her how much money they needed. At this point they do not know. There is no line item in the county budget for this type of expenditure. The Commissioners feel the lead on this matter should come from the city. If they respond, the county will endeaver to match what the city donates. Commissioner Grubb announced that the new parking lot below the annex was finished and the county will start enforcing their parking lot ordinance. There being no further business or discussion, meeting was recessed at 11:30 a.m. Respectfully submitted, BOARD OF COMMISSIONERS CHAIRMAN COMMISSIONE COM ONER Iv i O~TH v 6 y6S ~ / ~',~~l xi~ -`mss PL /Z7 4 r 73 DESCHUTES COUNTY BOARD OF COMMISSIONERS June 1, 1977 - COURT DAY AGENDA - CALL TO ORDER: Discussion of Road Dept. or General Fund bills. 10:00 a.m. Bid Opening Paving Bridges 10:00 a.m. Hearings: Cont. of April 20, 1977 Hearing - Vacation of Unnamed Public Road Land Transfer to City of Bend Vacation of Streets in Tumalo Amendments to Subdivision Ordinance No. PL-2 First Reading: Proposed County Ordinance No. 203-9, Regulating Dog Kennels and Pet Shops and License Fees. Discussion Hearings Officer for Planning Department Discussion - Land transfer to Bend Metro Parks District Foreclosure for non-payment of road improvement assessment Resolution - Establishment of Obsidian Avenue, Wickiup Road, Tomahawk Street and Arrow Drive in Arrowhead Acres as county roads. Order - changing street name from Doggie Avenue to Branding Iron Court. Planning Department: Zone changes for: Ross Mather Discussion from those present Next Court Day - June 15, 1977