2007-918-Minutes for Meeting February 26,1980 Recorded 6/20/2007DESCHUTES
NANCY
COUNTY CLERK DS V ~~0~-918
COMMISSIONERS' JOURNAL
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2007-938
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BOARD OF COUNTY C011MISSIONERS
FEBRUARY 26, 1980 - DAILY MINUTES
Chairman Young called the meeting to order at 10:10 a.m. There was some
difficulty with the tape recorder which caused the delay with all three
commissioners present.
The first thing on the agenda this morning was a discussion of a denial of a
major partition, MJP 79-5, Don Peterman. Chairman Young read the letter from
Phil Paschke regarding this matter. Commissioner Paulson asked if all contested
land partitions should go to the Planning Commission or the Hearings Officer
rather than to the Board of Commissioners. Mr. Van Vactor commented that it
seemed like the planning department was asking for direction from the Board at
this time. Phil Paschke stated that there had been no approval nor any denial
of this partition. Louis Dvorak, County Counsel, called a point of order
saying that he thought that the Board has to make a basic policy decision whether
PL-7 or PL-14 applies to the ordinance. Lou went on to explain the differences
between the two: PL-7 and PL-14. There was discussion about the process,
where the partition now stands and what it is to be called. It was found out
that there had been preliminary approval at which time Lou stated that he was
unaware of the preliminary approval and in that case PL-7 would apply.
Dan Van Vactor stated that he would like to summarize the situation. There was
further discussion regarding subdivisions and partitions. Mr. Shepard asked
if he could hear from Mr. Paschke at this time. Mr. Paschke stated that
he believed that Mr. Peterman was creating 4 lots in one calendar year.
MOTION: COMMISSIONER SHEPARD moved that the proper interpretation
of this sort of situation applies to partitions rather than
subdivisions. The other characteristics is up to the
Planning Department to decide.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER PAULSON: Aye.
CHAIRMAN YOUNG: Aye.
Before the commissioners went on to the next item on the agenda, Lou had a
quick matter that he wanted to take care of. He came forward with a wrecking
license that had been approved by the Board in previous meeting. However,
in an action taken by the Board there is an injunction against that junkyard
and the approval of this license application is inconsistent with the Board's
earlier decision and Lou suggests that the Board write a letter or authorize
Lou to write a letter to the Highway Division rescinding this approval of this
application. It was decided that Lou would write the letter rescinding approval.
Next on the agenda was a discussion regarding the waiver of fees for Oregon
High Desert Museum. Building Administrator, Ken Glantz was present for this
matter. Mr. Glantz had written the Board a letter asking for clarification
of the minutes of November 20, 1979 as to whether the action taken was prudent
to planning and zoning fees as related by Bill Monroe or if included building
permit fees not specifically mentioned. There was some discussion of the
matter. It was decided that Mr. Glantz would refund $170 to the High Desert
Museum from the Building Department budget.
Ken Glantz had another matter to discuss regarding Flood Plain Management.
Mr. Glantz said that he feels that some action should be taken by the Board
regarding Flood Plain Management so that houses and buildings could not
go up in a flood area. Chairman Young stated that there was no ordinance to
cover this, but the matter was checked every time a house went up. Mr.
Glantz stated that he was talking about natural floods and not man-made floods.
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Mr. Glantz stated that there were areas in Deschutes County which had been
earmarked by the Federal Government as being Flood Plains. John Andersen
stated that there are quite a few areas that are outlined by HUD as being
flood plains. John Andersen noted that the comprehensive plan, when adopted,
changed a lot of the ways that building had gone on in Deschutes County.
The plan specifically states that there will be no building in a flood area.
Mr. Andersen also,noted, that this seems to be working out well and doesn't
seem to be creating any problems. Mr. Van Vactor was present and stated
that he had had personal contact with this sort of thing and it had worked
out well.
Next on the agenda was a discussion of right-of-way concerning Cleveland
Avenue and Hayes with Charlie Plummer. This had to take up with a discussion
that the Board had had earlier concerning Mr. Harold Brainard and a survey
study that was being done on the above streets. Mr. Plummer asked the
Board which direction they wanted Mr. Brainard to go with the remaining highway
between Cleveland and Hayes. Chairman Young asked how much money was
left and Mr. Plummer answered him that funds would have,.to be transferred any-
way. Commissioner Shepard stated that he felt that if the project is to be
completed that the land should be acquired. There was discussion about
how this should be done.
MOTION: COMMISSIONER PAULSON moved that the Board allow the individual
who has been doing the appraisals and such to proceed with
getting options on that property and billing us for it
along the Division route between Cleveland and Hayes.
COMMISSIONER SHEPARD: Second.
Mr. Plummer stated that it was very possible that someone besides Mr. Swisher
would want to donate their land to the county for the extension of the street.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Mr. Plummer stated that he would have to get a resolution generated transferring
funds so that this work can be done and the commissioners would have to approve
that.
Mr. Plummer had another matter that he wanted to bring up regarding the Brooks-
Resources land. This is the matter of deeding a piece of county land to the
city which is 62feet by 114 feet in length which the city needs as a right-of-
way. Commissioner Paulson asked Mr. Plummer to make the motion as he had all of
the information.
MOTION: MR. PLUMMER suggested that the motion read as follows: that
the west 6.5 feet of Lot 10 in Block 1 of
the plat of Deschutes, Deschutes County, Bend,Oregon, be
deeded to the city of Bend, that parcel being 62 feet in width
by 114 feet in length.
COMMISSIONER PAULSON moved to do as outlined by Charlie Plummer.
CHAIRMAN YOUNG added that legal counsel should be instructed
to proceed with. any paperwork.
COMMISSIONER SHEPARD: Second.
VOTE . COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Commissioner Paulson stated that the record should show that this strip of
land will be used for the Colorado Street project. It was stated that there
should a reversionary clause in the deed.
Commissioner Paulson stated that before the amendment was taken into consideration
he would like to bring up a matter concerning remodeling of the old courthouse.
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Commissioner Paulson said that the record should show that the Board has
approved the employment of Bill Bogie, the architect to do the remodeling
work on the old courthouse. At this time, Commissioner Paulson would like
to make a motion to make this matter official.
MOTION: COMMISSIONER PAULSON moved to employ Bill Bogie with regard
to remodeling of the old courthouse building.
COMMISSIONER SHEPARD: Second.
VOTE . COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
The item next taken was the amendment to County Ordinance 203.3, an ordinance
levying a transient room tax. This was the first reading of this amendment.
Chairman Young read the amendment in full and the second reading will be
on March 11, 1980 for possible adoption.
Commissioner Paulson stated that he would be leaving the meeting as he wanted
to get back to work on the budget.
The next item taken on the agenda was Final Plat #520, High Ride Estates.
Chairman Young asked Craig Smith if there were any problems with this plat.
Craig stated that everything was in order.
MOTION: COMMISSIONER SHEPARD moved to approve final plat #520,
High Ridge Estates.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER YOUNG: Aye.
Next on the agenda was final plat # 476, Glaze Meadow, 12th Addition. Craig
stated that everythink was in order.
MOTION: COMMISSIONER SHEPARD moved to approve final plat #476,
Glaze Meadow, 12th Addition in Black Butte Ranch.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER YOUNG: Aye.
C014MISSIONER SHEPARD: Aye.
There was also a maintenance agreement to be signed by the commissioners in this
matter which was signed.
Phil Paschke brought in a declaration of dedication to be signed and accepted
by the Board dedicated to the public for roadway and utility purposes from
Frank and Jeanette Moorman a strip of land as follows: The East 30 feet of the
SE-14, SW-14, Sec. 34, T. 16 S., R. 11 E., of the Willamette Meridian, Deschutes
County, Oregon. It was approved and signed.
The next item on the agenda was MJP 79-37:
MOTION: COMMISSIONER SHEPARD moved to approve MJP 79-37.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER YOUNG: Aye.
MJP 79-56:
MOTION:
VOTE
MP 80-1:
MOTION:
VOTE .
C014MISSIONER YOUNG moved to approve MJP 79-56.
COMMISSIONER SHEPARD: Second.
COMMISSIONER YOUNG: Aye.
COMMISSIONER SHEPARD: Aye.
COMMISSIONER SHEPARD moved to approve MP 80-1.
COMMISSIONER YOUNG: Second.
COMMISSIONER SHEPARD: Aye.
COMMISSIONER YOUNG: Aye.
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MP 79-185:
MOTION: COMMISSIONER YOUNG moved to approve MP 79-185.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER YOUNG: Aye.
COMMISSIONER SHEPARD: Aye..
Next on the agenda was a Deschutes County Deed Transfer from the county to
the city. Lou Dvorak stated that the commission has already passed an order
to do this; this is just a formality of signing the the deed.
MOTION: COMMISSIONER YOUNG moved to execute Deschutes County Deed
to the city for all of Block 51 of Riverside, Plat A-17,
recorded August 1, 1918, in the records of the Deschutes
County Clerk..
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER YOUNG: Aye.
COMMISSIONER SHEPARD: Aye.
Next on the agenda was Deschutes County Deed Transfer from County to Mr. and
Mrs. Harold Fife. This was in the matter of the Fife's regaining their pro-
perty from the county and the land will be deeded to them as soon as the back
taxes are paid.
MOTION: COMMISSIONER YOUNG moved to execute County Deed to Harold and
Irene Fife.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER YOUNG: Aye.
COMMISSIONER SHEPARD: Aye.
Next on the agenda was a request for refund for Carrie Robles, receipt number
12210. It was approved.
There was a letter in the matter of application of Tom Hall to transfer water
rights. Lou Dvorak stated that this man (Mr. Hall) was buying some property
and needed to have the water rights transferred to his name.
MOTION: COMMISSIONER YOUNG moved to signe the letter to Robert Anderson
approving the transfer of water rights through COI.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER YOUNG: Aye.
COMMISSIONER SHEPARD: Aye.
There being no further business, the meeting was adjourned.
BOARD OF COUNTY COMMISSIONERS
A._ YOUNG, airman
CLAY'C~:OAHEPARD, C
ROBERT C. P ULSON, JR., Commissi
/jo
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