2007-813-Minutes for Meeting June 28,1979 Recorded 6/19/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKS y~ 1001'813
COMMISSIONERS' JOURNAL
06/19/1001 11:10;05 AM
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2007-813
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MINUTES
OF THE
MEETING OF THE BOARD OF COMMISSIONERS
JUNE 28, 1979
The meeting was called to order at 10:00 a.m. by Chairman CLAY SHEPARD.
Commissioners PAULSON and YOUNG were also present.
The first order of business was to consider findings of fact on the
Bend Area General Plan. The Board voted to adopt the version of the findings
previously presented by the City of Bend and tenatively approved by the
former Board of Commissioners in August of 1978, subject to an addendum thereto
which was read in full. It was moved and seconded that the Board adopt the
City's original findings subject to the addendum which was next to be considered.
Commissioners PAULSON and SHEPARD voted aye, Commissioner YOUNG voted no. Next,
the addendum to the findings was read in full by Chairman SHEPARD. It was
moved and seconded that the Board of Commissioners' addendum to the findings
on the Bend Area General Plan be adopted. Commissioners PAULSON and SHEPARD
voted aye, Commissioner YOUNG voted no.
The next order of business was adoption of County Ordinance PL-10,
incorporating by reference the Bend Area General Plan and the map for the Bend
Area General Plan as exhibits. The adoption was subject to the procedures of
ORS 203.045(5), in that a copy of the text was available to the public for one
week, with a copy to each person who requested it, and the notice of adoption
was published ten days prior to the meeting in The Bulletin. After being read by
title, it was moved and seconded that County Ordinance PL-y0 be adopted as an
emergency measure pursuant to ORS 203.045(4). Commissioners PAULSON and SHEPARD
voted aye, Commissioner YOUNG voted no, and the Ordinance was not passed upon
the first reading. The Board resolved to read the Ordinance a second time on
July 12, 1979, at 10:00 a.m.
The County Counsel stated that the map for the Bend Area General Plan
could not be adopted at this time because the text was not passed, however, the
map was inspected by the Board and displayed to the public attending the meeting.
Action on the proposed Phase II Sewer Development Charge Ordinance for
the Bend Area was postponed because the City of Bend has not made its recommenda-
tions on what the charge per dwelling unit should be.
The next order of business was to adopt legislative findings of fact
for the Bend Urban Area Zoning Ordinance. It was moved and seconded that the
addendum findings for Deschutes-County Bend Area Zoning be adopted. Commissioners
PAULSON and SHEPARD voted aye, Commissioner YOUNG voted no.
Next, the proposed Bend Urban Growth Boundary Zoning Ordinance, PL-11,
was read by title and the proposed amendments to said Ordinance added since the
text of the Ordinance was made available to the public one week ago were read
in full pursuant to ORS 203.045(6) by Commissioner PAULSON.
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The County Counsel advised that the Zoning Ordinance could not be
adopted until the Comprehensive Plan for the same area was adopted. Accordingly,
Chairman SHEPARD announced that the Bend Urban Growth Boundary Zoning Ordinance
would be read for the second time on July 12, 1979. The zoning map for the
Bend Urban Area was presented to the Board by Commissioner PAULSON, and he stated
that it would be displayed to anyone requesting to see it. No one requested to
see it.
GALE POWELL, ESQ. was recognized by the Chairman and made a statement
challenging the legality of the procedures by which the Bend Urban Area Zoning
Ordinance was adopted. He claimed that his clients had had insufficient notice
of the proceedings and inadequate opportunity to testify in public hearings.
The Board requested through the County Counsel that MR. POWELL give the Board a
memorandum of points and authorities citing statutes and cases that he contends
support his position.
Commissioner YOUNG then left the meeting, and Chairman SHEPARD stated
that the meeting was adjourned.
DATED AND APPROVED this 20"'I'day of July, 1979.
BOARD OF COUNTY COMMISSIONERS
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