2007-913-Minutes for Meeting February 13,1980 Recorded 6/20/2007DESCHUTES COUNTY CLERKDS Q ~~0~-913
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COMMISSIONERS' JOURNAL 0612012007 09;21;56 AM
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BOARD OF COUNTY COMMISSIONERS
FEBRUARY 13, 1980 - DAILY MINUTES
Th.e meeting of February 13, 1980 was held up at St. Charles Medical Center
due to Commissioner Sb.epard''s broken Teg.. Chairman Young called the meeting
to order at 10.:0.5 a.m. with. the following present-
Commissioner Shepard
Commissioner Paulson
Chairman Young
Lynn Jarvis, attorney for Tom Pick.ett
Tom Pickett
John Glover, County Sanitarian
Morgan. Cantrell
,,,Till Tb.om.pson, As§ist. County Counsel
Dave Jaqua, attorney for Northwest Commercial, Inc.
,Dick Knolls, Assist. Planner
Bruce Knowlton, Assist. Planner
Gary Judd, Road Department
Lynn McKibben, County Engineer
Chuck-Johnson, attorney for Mountain View Mall
Dave Cash., The Bulletin
Jack Thornton, KBt,TD
Paul Foster, KICE
Fol.mer Bodtker, Chairman, Planning Commission
Tom Olson, KTVZ-21.
Jo-Marie Bonwell, Secretary
The first item on the agenda was Morgan Cantrell. with_a, discussion regarding
the improper placement of his- drainfield.. Mr., Cantrell. led off the discussion
telling the Commissioners how the drainfiel.d runs across- his driveway and he
believed that that was wrong. Mr.:G~ntrell said that he did not realize this
until he applied for a permit to build a carport on his property and could not
get a permit u.nt `l the drain.field was moved. A bid had been. let out in order
that this could be rectified and the lowest bidder was the same developer who
built the house and it was $20.0..
MOTION': COMMISSIONER PAULSON moved that the County authorize payment
of $200 from contingency funds for the adjusting of Mr. Cantrell's
drainfield and have done in a way that the sanitation department
would be in charge of seeing that it was put in properly and the
County be billed accordingly.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
The next item on the agenda waa a discussion with Denny Newell regarding a
consortium agreement between the County and Crook.and Jefferson county re-
garding CETA funds. Mr.. Newell explained this agreement to those present and
asked the commissioners to sign the agreement for this year,
MOTION: COMMISSIONER PAULSON moved that the Board approve th.e document
for 3 million dollars in CETA funds as outlined by Mr. Newell.
COMMISSIONER SHEPARD: Second.
`VOTE . COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye..
CHAIRMAN YOUNG: Aye.
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BOARD OF COUNTY COMMISSIONERS
Next on the agenda was an order and supplemental order to be signed in the
matter of SP 79-6, Starwood Mobile Home Park. Chairman Young read the supp-
lemental order into the record. There was some brief discussion and then a
motion and the vote.
MOTION: COMMISSIONER PAULSON moved to approve the supplemental order.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: _No.
Chairman Young then read the order into the record.
MOTION: COMMISSIONER PAULSON moved to adopt the order.
COMMISSIONER SHEPARD: Second.
Chairman Young went back over the order to the part where it refunds the
applicant's appeal fee to him as no decision was rendered by the governing
body. Mr. Young felt that this was inappropriate as work was done on this
matter and time was taken to hear new evidence.
MOTION: COMMISSIONER YOUNG moved to amend the order in the matter of
the refund of the appeal fee to be stricken from the order.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
COMMISSIONER YOUNG: Aye.
The appeal fee was to be stricken from the order.
The vote was then taken on the motion adopting the order.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Chairman Young stated that since it was no*/10:30 a.m. and the Mountain
View Mall Appeal Hearing had been advertised to begin at 10:30, he would
skip down the agenda to that item. Chairman Young outlined the procedures
in which the hearing would be conducted--20 minutes would be allowed to those
in favor of the appeal to present their case, 20 minutes would be allowed to
those in opposition to the appeal and 10 minutes rebuttal time for each side.
Chairman Young asked if there was anyone present who wished to challenge the
Board's right to hear this case. Chuck Johnson said he did on the basis
that the case Duttles vs. Westlin 23 Ap 310 restricts the persons involved
as parties in an appeal of this nature to those persons who are reasonably
in close proximity to the development in question. Mr. Johnson also stated
that he did not think that Northwest Commercial have standing to bring this
appeal to the Board. Jill Thompson countered his statement saying that in
PL-9 it gives standing to the appellant in this case standing on the basis
that they were recognized at the hearings officer's hearing. Chairman Young
stated that he was going to overrule the objection and the hearing would be
held. Chairman Young then gave the staff report and in that staff report it
was stated that there was 127,000 square feet in the project of Mountain View
Mall. Dave Jaqua introduced himself and introduced Jim Dixon who was a rep-
resentative of Northwest Commercial, Inc. and also Bill Law with the firm of
Lindscott, Law & Greenspan (engineering firm). Mr. Law is a registered civil
engineer, a traffic engineer and 15 years experience in the traffic field in
the city of Los Angeles etc. Highway 97 was discussed by Mr. Dixon with regard
to Oregon Highway Department and the requirements set forth by the county and
the city of Redmond and LCDC goals. Mr. Law then had some comments to make
regarding the appeal. He stated that numerous traffic studies were made
in regard to the three centers: the Boyd Center, the Mountain View Mall center,
and the Northwest Commercial Center near Redmond. He also said that 1986 was
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BOARD OF COUNTY COMMISSIONERS
given as the date of completion of all three centers. Mr. Law stated that by
1986 that the intersection on highway 97, unless major changes are made in con-
figuration, traffic will be operating at level service D. Mr. Law said that
levels of service for 1990 have been estimated to hit E & F. Mr. Jaqua read
a letter from Ron Lambert of Oregon Highway Department which states that"traffic
lights are strangling highway 97" . Mr. Jaqua read the rest of the comments
without comment.
Mr. Chuck Johnson, attorney for Mountain View Mall, had a few opening remarks
to make and then introduced Mr. Phil Coystra, a representative of C.E. Johns
of Mountain View Mall who spoke to the Board. Mr. Coystra gave the Board a
dated list of events and when permits were applied for and granted. Mr.
Coystra also had a map of the project which he laid before the Board for their
inspection. Mr. Carl Buttke, a consulting transportation engineer, had been
hired by C.E. John to make a traffic study for the Mountain View Mall.
It had been Mr. Buttke's findings that the level service there is level D.
Mr. Buttke defined capacity of the intersection as what the intersection can
handle without difficulty. Mr. Buttke also stated that by 1990, level service
will probably be up to level E or F.
There were some minor rebuttal statements from Dave Jaqua, Jim Dixon and
William Law.
Mr. Johnson's rebuttal went forward to point out some fallacies in the Greenspan
report and then had Mr. Buttke rebutt statements made by Mr. Law concerning the
traffic study.
Chairman Young then closed the hearing and asked the other two commissioners
if they had any questions of the parties involved. There were a few questions
asked by Commissioner Shepard concerning the traffic study and levels of
traffic at the intersection at different intervals. Answering Commissioner
Paulson's question as to what a possible solution could be for this problem,
Mr. Buttke replied that Highway 97 would probably eventually have to be
4-laned or 6-laned. Mr. Buttke stated that also the speed would have to ad-
justed if the road is not widened.
Jill Thompson had a few questions to ask just to clarify the record.
There were no further questions on this matter, so Chairman Young asked the
Board what their desire was in this matter. Commissioner Paulson stated that
he would like the Board to take the matter under advisement and submit findings
of fact and then come to a decision. Mr. Jaqua and Mr. Johnson stated that they
did not mind if the three commissioners wished to discuss the appeal without the
parties being present. February 20, 1980 was set as the date that findings
and a decision would be presented.
There was paperwork to be signed, but as it was 12:10 p.m., Chairman Young asked
that they be put on the next day's agenda.
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R BERT C. PAULSON, JR., 5 i sioner
BOARD OF COUNTY COMMISSIONERS