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2007-702-Minutes for Meeting July 06,1977 Recorded 6/19/2007COUNTY NANCYUBLANKENSHIP,PCOUNTY CLERKDS CJ 7441'147 C NIM11011 11MMINSEEMIENSE111 MM WE OMMISSIONERS' JOURNAL 06/19/2007 10;37:54 AM 2007-702 Do not remove this page from original document. Deschutes County Clerk Certificate Page r 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 1 July 6, 1977 Court Day Minutes Courthouse Annex Attendance: Bob Montgomery Don Grubb Abe Young Dave Hoerning Gary DeBernardi Charles Plummer Rick Craiger Jon Oshel Clay Edwards Nora Bell Jane Poor Robert A. Herwick Theo B. Herwick Polly Spofford Babler Bros. R. L. Coats Brian O'Keefe Rick Cramer Denny Newell Marla Rae Jeff Smith John Hinrichs Toni Powning Lucia Venator, Secretary Chairman Montgomery called the meeting to order at 10:00 a.m. First order of business was the bid openings for Seal Coats 1977, Brosterhaus Road and Deer Trail Road. Bids were as follows: Bid openings for Seal Coats 1977: Babler Bros. Corp. $148,896.00 (The first bid openings were Bend Aggregate & Paving 156,274.00 read June 15, 1977 and rejected) R. L. Coats 168,278.00 Engineers Estimate 145,585.50 Apparent low bidder was Babler Bros. Corp. of Bend. After extensions are checked, the official successful bidder will be announced. Bid openings for Brosterhaus Road: R. L. Coats $117,910.00 Hap Taylor, Inc. 97,685.00 Jack Robinson & Sons 129,195.00 R. A. Hatch 105,320.00 Engineers Estimate 110,225.00 Apparent low bidder was Hap Taylor, Inc. of Bend. After extensions are checked, the official successful bidder will be announced. Bid openings for Deer Trail Road Central Oregon Pavers $25,440.60 R. L. Coats 43,642.00 Hap Taylor 21,583.50 Engineers Estimate 24,305.00 Apparent low bidder was Hap Taylor, Inc. of Bend. After extensions are checked, the official successful bidder will be announced. Dave Hoerning announced that later in the meeting he would submit an order for improvement by contract for Deer Trail Road. Chairman Montgomery opened the hearings for County road establishments in Paulina View Estate. Commissioner Grubb called for comment from the Road Master. Charlie Plummer has not seen the roads up for establishment, which are Twin Lakes Loop, Newberry Drive and Eastlake Drive. Dave Hoerning gave a description of where the roads are located. Chairman Montgomery closed the hearing and read the orders establishing the above as County roads. Commissioner Young moved that they approve the establishments of Twin Lakes Loop, Newberry Drive and Eastlake Drive, all in Paulina View Estate, as county roads. Don Grubb seconded and the Commission voted unanimous. s July 6, 1977 Court Day Minutes Page 2 Next, Chairman Montgomery opened the second set of hearings for County road establishments for Obsidian Avenue, Arrow Drive, Tomahawk Street and Wickiup Road, in Arrowhead Acres. Dave Hoerning gave a description of where the roads are located and stated that they are an oil mat which is acceptable to the County. Chairman Montgomery closed the hearing and read the orders establishing the above as County roads. Commissioner Grubb moved that they approve the establishments of Obsidian Avenue, Arrow Drive, Tomahawk Street and Wickiup Road, all in Arrowhead Acres, as County roads. Abe Young seconded with a unanimous vote from the Commission. There was no discussion on Road Department or General Fund bills. Next item on the Agenda was the. Resolution - Land Transfer to Bend Metro Parks District. Chairman Montgomery read the notice of public hearing on the land transfer to the Bend Metropolitan Parks and Recreation District. The land consists of 120 acres on the corner of Neff and Hamby Road, more described as the S, SW-I, of Section 25, Township 17, Range 12, E.W.M. and the NE-I, SW, of Section 25, Township 17, Range 12 E.W.M. The hearing date is set for July 20, 1977. The Ordinance for the Hearings Officer was next. Commissioner Grubb stated that several counties had been contacted requesting information on their proceedures with Hearings Officers. The responses varied from county to county. The information received was given to the District Attorneys office for evaluation and from that, Louis Selken came up with a Hearings Officer Ordinance for Deschutes County. Commissioner Grubb also stated that he was in favor of the ordinance because it would take a load off the Planning Commission. Clay Edwards asked about the hours required by a hearings officer. Commissioner Montgomery answered that a hearings officer would be on the payroll approximately 20 hours per week, 4 or 5 hours a day. Commissioner Grubb then added that the hours worked would be in comparison with figures presented from other counties. Commissioner Young mentioned that he knew of several people interested in the job and that he was also in favor of this ordinance. Commissioner Grubb then brought up the point of qualifications for this position and asked for discussion on what criteria would be considered. Chairman Montgomery stated he felt that 2 or 3 years of experience in Planning and mature, physically as well as mentally, would be a good start and that a job description would be written up. Abe Young stated that there would be public advertisement for the applicants and that they would be screened by the Planning Commission as well as the Board of Commissioners. Don Grubb stated he felt that the applicants considered should have legal background. Jane Poor was in agreement with Commissioner Grubb and felt that this person should be an attorney. Polly Spofford, from League of Women Voters, presented the Commission with a letter representing LWV stating that they also were in favor of the applicants being considered were attorneys. John Hinrichs then questioned if the Hearings Officer would take the place of public input committees. Chairman Montgomery answered, no. Commissioner Montgomery then read the ordinance and Commissioner Young made a motion to adopt the Hearings Officer Ordinance. Don Grubb seconded. The vote from the Commission was unanimous. Chairman Montgomery then announced that the new position would be advertised for in the Bulletin and at the State Employment Office. Next on the Agenda was the Resolution for a Port District. Chairman Montgomery read the Resolution and then stated that the public should have a chance to vote on this issue. John Hindrich then asked why a Port District was not formed for tri-counties. Chairman Montgomery told him that Jefferson County was against it. Commissioner Grubb questioned why the matter of the Port District was brought up at this time. Chairman Montgomery answered that Jim Curtis, Economic Development Director, requested support from the Commission. Commissioner Young then stated that the ORS on Port Districts was 20 pages long and felt that the public should thoroughly understand what they are voting for and exactly what the Port District can do. This would be setting up another layer of July 6, 1977 Court Day Minutes Page 3 Resolution - Port District, Cont'd: government above the Board of Commissioners. Bill Olsen asked opportunity for the Commission to put out an information flyer Montgomery answered, no, that the State will send these out. that the Commission does not take a side when the public votes the Resolution for a Port District. Don Grubb seconded with a Commission. if there would be an on this. Chairman :ommissioner Young stated and moved they adopt unanimous vote from the Appointment to the Library Board was next on the Agenda. Chairman Montgomery read the letter appointing Vernon Robinson to a four year term on the Library Board, replacing Sue Hollern, whose term was finished July 1, 1977. Don Grubb moved they accept the appointment. Abe Young seconded with a unanimous vote from the Commission. The next topic discussed which was not scheduled on the Agenda, was a Resolution to the Sunriver - USFS Land Sale. Chairman Montgomery read the Resolution. Commissioner Young stated that he was in favor of a hearing on this matter for the benefit of the public. Commissioner Young also stated he felt that the people from Washington, who were stirring up the controversy regarding the land sale, should come down and let us know their intentions. Commissioner Grubb stated he felt that the extensive correspondence on this land sale should be channelled through the Forest Service as the Commission does not have any more say on this matter than anyone else. Commissioner Grubb also stated that the hearing would uncover facts not brought out into the open at this time. Abe Young stated that from BOR funds each state gets so much money and each county gets so much money and each county gets an allocation of $20,000. - $3,000.00. Deschutes County does not maintain a park system so if the Forest Service uses funds from BOR for the purchase of Sunriver land, what will be the consequences for the Park District in Deschutes County? There being no further discussion, Abe Young moved that they adopt the Resolution to the Sunriver - USFS Land Sale. Don Grubb seconded the move. Vote was unanimous. Next on the Agenda was Planning Department business: the re-naming of Fourth Street to Wolf Street in Deschutes River Recreation Homesites and Lynn Court to Cindy Court in Harmony Hills. Rick Craiger stated that in both name changes there were duplications as they were located in rural areas being added to the County. Don Grubb moved they adopt the name changes. Abe Young seconded and the vote was unanimous from the Commission. Next from the Planning Department was the first of four zone change requests. First, by Glen Bullis from A-1, Exclusive Agricultural to SR-1, Suburban Residential, described as follows: T17S, R12E, Section 23, tax lot 1303, approximately z mile South of Butler Market Road and Eagle Road intersection on Eagle Road. This zone change would be to provide single family residential homesites. A public hearing was held June 8, 1977 by the Planning Commission, who recommends this zone change. Abe Young moved they adopt the zone change by Glen Bullis. Don Grubb seconded and the Commission voted unanimous. The second zone change request was by Clifton Ming from A-1, Exclusive Agricultural to SR-1, Suburban Residential located in T18S, R12E, Section 21, tax lot 501, mile West of the intersection of Murphy Road and Sipchen Road. This zone change conforms with the Comprehensive Plan as there is a public need for more urban lot development. Abe Young moved to adopt the zone change from Mr. C. Ming. Don Grubb seconded the move with a unanimous vote from the Commission. Third request is by Fred Meyers from R-1, Urban Residential to C-1, Tourist Commercial, South of U.S. 97 and Powers Road, T18S, R12E, Section 8C, tax lot 1402. (R-1 Zone) This zone change is consistent with the Bend Urban Area Comprehensive Plan. Abe Young moved to adopt the zone change from Fred Meyers. Don Grubb seconded the move with a unanimous vote from the Commission. July 6, 1977 Court Day Minutes Page 4 Fourth and last request is by Charles T. Church from A-1, Exclusive Agricultural to SR-1, Suburban Residential, lying East of Burlington Northern Railroad and West of Swalley Canal, T17S, R12E, Section 9, tax lot 1303. This zone change is consistent with the Bend Urban Area Comprehensive Plan for additional housing. Chairman Montgomery questioned the situation with Burlington Northern railroad crossing. Dave Hoerning explained that they were in process of discussion with Burlington Northern regarding the crossing. Don Grubb moved that they should hold off on adopting the zone change until an agreement has been reached with Burlington Northern Railroad. Abe Young seconded and the vote was unanimous. Next the Planning Commission submitted an amendment to Zone Ordinance PL-5. The amendment being made specifically to Article 5. Section 5.080 Temporary Use Permit. Rick Craiger stated that the existing condition has been creating a problem. The following sentence is deleted from Temporary Use Permit: A person qualifying for a temporary permit shall be a member of the family residing on the property. Abe Young made a motion to approve the amendment and Don Grubb seconded. Vote was unanimous from the Commission. There being no other _items on the Agenda, Chairman Montgomery called for further discussion. Dave Hoerning presented the Order for Improvement by Contract of Deer Trail Road in Deschutes County. The order was brought about from a petition filed with the Board of Commissioners on August 21, 1976. Abe Young moved that, pursuant to the provisions of ORS 371.635, a portion of Deer Trail Road be improved by contract. Don Grubb seconded the move and the vote from the Commission was unanimous. Commission Grubb asked Dave Hoerning if they had checked the original bids submitted for Seal Coats. Before Dave could answer, Chairman Montgomery also asked him why the bids submitted to them today were $50,000. less than before. Dave Stated that they had checked the bids and the reason being for the difference was that a mile of road had been added. Commissioner Grubb brought up the fact that people have been stealing gravel and dirt from the County Stock Pile. Bob -Herwick stated that to his knowledge this has been going on for several years in Deschutes County but knew of other counties that sold their aggregate to the public. Rick Craiger questioned if it was illegal to take dirt and gravel from any county land. Chairman Montgomery answered that it was illegal to trespass as well as steal anything on County land. John Hinrichs asked if the Commission was concerned about any material being taken from County land. Don Grubb said yes, but that they were only concerned about dirt and gravel at this time. Commissioner Grubb then moved that the Commission propose a $100 reward for anyone giving information leading to the arrest of anyone caught stealing dirt and gravel from the Deschutes County stock pile sites. Abe Young seconded the move. Vote was unanimous. Commissioner Grubb stated that the Sheriffs Dept. was waiting for the go ahead to enforce the parking lot order. Chairman Montgomery said that the order had been signed already giving them the go ahead. Commissioner Young stated that he had a report for distribution of monies of County Land Sales taken from foreclosures and copies will be furnished for anyone interested in the Commissioners office. . July 6, 1977 Court Day Minutes Page 5 Chairman Montgomery brought up the subject of County Land Sales and stated that he was against any further land sales due to the complicated new State laws and also because at this time there is no way to forsee what possible uses Deschutes County might have for County land. Commissioner Young and Commissioner Grubb said they were in agreement with the statement. Mrs. Poor and Mr. Herwick were also in agreement. Commissioner Young then moved that the County not sell any land unless 40 acres or less that require minor or major partitioning or subdivision. Don Grubb seconded with a unanimous vote from the Commission. Regarding the Sunriver land sale, Chairman Montgomery stated that if they do sell the land they will be taking the land out of reforestation for quite some time and to be assured that the Board of Commissioners will attempt to get our share of the money from the Sunriver people that they have owed us for years. Commissioner Young commented that approximately one half of the land was under reforestation. There being no further business or discussion, meeting was recessed at 11:20 a.m. Respectfully submitted, BOARD OF COMMISSIONERS Chairman Commissione . r all v~cr `/Ll © f a z~ AD-P l~ 1TH 9--~, -53-1- 41 K6- k-'l_ K X i Ck • DESCHUTES COUNTY BOARD OF COMMISSIONERS July & 1977 - COURT DAY AGENDA - CALL TO ORDER: 10:00 a.m. Bid Openings: Seal Coats 1977 (2nd) Brosterhaus Road Deer Trail Road - Assessment Dist. #11 10:00 a.m. Hearinqs: Establishment of Twin Lakes Loop, Newberry Drive and Eastlake Drive, all in Paulina View Estate as City roads. Establishment of Obsidian Avenue, Arrow Drive, Tomahawk Street and Wickiup Road, all in Arrowhead Acres as County roads. Discussion of Road Department or General Fund Bills. Resolution - Land Transfer to Bend Metro Parks District Hearings Officer Ordinance Resolution - Port District Appointment to Library Board Planning Department: Re-naming Streets: Fourth Street to Wolf Street in Deschutes River Recreation Homesites. Lynn Court to Cindy Court in Harmony Hills. Zone Changes: Z-77-23 Glen Bullis Z-77-20 Clifton Ming Z-77-27 Fred Meyers Z-77-28 Charles Church Zoning Ordinance PL-5, Sect. 5.080 Temporary Emergency Use procedure. Discussion from those present Next Court Day - July 20, 1977