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2007-1077-Minutes for Meeting February 11,1981 Recorded 6/20/2007DESCHUTES COUNTY OFFICIAL RECORDS ~J 1~~7~1~71 NANCY BLANKENSHIP, COUNTY CLERK ~I V II COMMISSIONERS' JOURNAL 06/20/2007 10:42:57 AM I11) III 2007-1 7 Do not remove this page from original document. Deschutes County Clerk Certificate Page 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 r DESCHUTES COUNTY BOARD OF COMMISSIONERS ,e FEBRUARY 11, 1981 - REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner Shepard and Commissioner Young were also in attendance. Amendments to There were three amendments to the Agenda. Those were: the Agenda 1) Discussion and Approval of the letter to the National Defenders Institute, 2) Item #5 (discussion of pos- sible refund for Holmes Partition) has been postponed to the February 18, 1981 meeting at the request of Bob Lovlien, and 3) Item #11C, Signature of MJP-80-27, Bill Reed,'applicant-- per County Counsel, this cannot be signed for 30 days after approval. MOTION: YOUNG moved to approve amendments to the agenda as described. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion re- MOTION: SHEPARD moved that (1) the Board appoint a com- garding the La- mittee of affected persons, (2) that the com- Pine Industrial mittee by whatever means it deems appropriate Development prepare a development plan for the entire 440 Consultants. acres, (3) that the plan provide for phased development, (4) that such a plan provide the necessary utilities, roadways, and the means for financing development, (5) that the Deschutes County Board of Commissioners must have approved the plan prior to the beginning of any devel- opment or improvements, and (6) suggests that the committee consist of the following persons: Wayne Roan, Kay Nelson, and Marvin Russell. YOUNG: Second. DISCUSSION: Chairman Paulson suggested that Elwin Shorey also be appointed to the committee, as he had expressed an interest in this. Commissioner Shepard said that the motion should include Mr. Shorey's name under #6, appointments to the committee. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Final Hearing: MOTION: SHEPARD moved to read Order #81-032 by title Annexation of only. RFPD #1 (Chase) YOUNG: Second. Order #81-032 VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Chairman Paulson read by title only order #81-032 annex- ing territory to the Rural Fire District. He then opened the public hearing. Being no comments, the hearing was closed. Page 1 of 5 Deschutes Cc February 11 Discussion garding the piration da for two par itions, MP- 61 and MP-8 67, Joyce B ney, Applic Discussion with Mrs. Sabin rega ing zoning violation my BOC 1981 - Regular meeting MOTION: YOUNG moved to adopt Order #81-032 annexing territory to the Rural Fire Protection Dist- rict. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. e- Mick Tye, Sun Country Engineering, came forward repre- ex- senting the applicant. They are seeking an extension :e on these partition applications pending adoption of new :i- rules by DEQ on subsurface disposal. Their use would ~0- be permitted under the proposed rules but is not permit- - ted under the present rules. John Glover, County San- ir- itarian said he thought these rules would be considered int by DEQ at their March meeting, at which time they may be adopted. MOTION: SHEPARD moved to extend the expiration date on MP-80-61 and MP-80-67 to April 15, 1981. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Brian Christensen of the Planning Department said that the department had received several complaints in early l- December regarding a nonconforming use on Pettigrew Road. The complaints were regarding a construction comp- any doing business out of what was an automotive repair shop owned by Mrs. Sabin. The shop had been operated by her late husband and was a pre-existing non-conforming use. It was leased December 1, 1980 to Boulder Excava- tion, who is using the site as a base of operation. Joanne Frazee, Mrs. Sabin's daughter, explained briefly the background of the issue and presented to the Board a letter in which it was stated how they intent to make the present use conform with the prior existing use. John Andersen of the Planning Department said that he has reviewed the use on this property at it appears that Boulder Excavation is an expansion of the prior use. He suggests that they reduce the scale of operation on this property. He said that the Planning Department had gone to the property and posted a stop-work order, but after John spoke with Mrs. Sabin it was removed until she could meet with the Commissioners to get this matter resolved. He also read several letters from neighbors expressing their objection to the use,and submitted them to the Board. Brian Christensen gave a brief statement of calls the department had received complaining about the use. Don Duncan, 61977 Pettigrew Road, came forward with comments. He has lived in this neighborhood since 1973 and that the prior use operated about 4 months out of the year and did not service heavy equipment. He said that the current traffic level presents a hazard because of children in the area and that the noise level is much higher than ever before. He said is strongly against the present useage and that the prior business ceased operation for over a year. He said that if no conclusion is reach today, a formal public hearing should be held. Deschutes C unty BOC February ll 1981 Robert Fix, 61930 Pettigrew Road, came forward with comments. He said that the previous business had been out of use for over a year. He said that a dumptruck operating off of this property had almost run over his daughter. He said that late at night it looks like kids are working on their cars in their and that sandblasting occurs from early morning to late at night. Mrs. Sabin-Carter,••said that her bedroom is right next to the shop and that she has never noticed any outlandish noise. She said that work began at 7:30 a.m. and never prior to that. Joanne Frazee, said she had proven that the business had not ceased for a year, but had done business during that time. Barbara White, 61993 Pettigrew, said she had a post- card indicating that the Sabins had been out of the state for a period of one year. The Board agreed not to place a stop work order on the property at this time if the conditions in their letter were met. MOTION: YOUNG moved to accept the conditions stated in the letter dated February 11, 1981, and that a hearing be scheduled with proper notification. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Appeal of Randy McKnight came before the Board to appeal a decision Sanitation made by DEQ and the sanitation department. After some Decision discussion of the issue, it was determined that the Board had no authority to hear an appeal of this nature and so no action was taken. Discussion Commissioner Young brought to the Board's attention a regarding matter concerning the drastic increase in rent to the Mainline an Mainline Company, under an industrial lease agreement. other lease The rent went up when the zoning in the area changed as d well as the prime interest rate, the interest rate an taxes being factors in computing the annual rent charged. Rent had previously been approximately $800 annually and had jumped to $47,352 this year. Commissioner Young recommended changing the formula by which rents are com- puted. There was some discussion among the Board about keeping rents comparable to those on the open market to prevent unfair competition, yet not so high as to dis- courage industry in the area. Commissioner Shepard suggested that Commissioner Young prepare a proposal for a new policy for computing rents on the leases. Commis- sioner Young agreed to do this. Request for ex- Dave Hoerning, representing the applicants, Harvey and tension on a Nell Heare, requested an extension of this subdivision subdivision , since the Heare's are in Arizona and will not return in PP 3488, Wh ite- time to finalize this plat. They have had two previous water View Es- six-month extensions on this subdivision. They are now tates Page 3 of 5 Deschutes Cc February 11 >unty BOC 1981 seeking a 60-day extension. Mr. Hoerning said the only thing keeping this from being finalized now is the certificate of water and the road bond. MOTION: YOUNG moved that the 60-day extension be granted. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. For Signatu (2) request for refund Agreement b tween Desch County and Crook-Desch -Jefferson Child Care Council Dedication -Higgison PP #562, Kerrybrook Acres Discussion approval of letter to 1 National De ers Institi Two requests for refund were before the Board for signature: 1) Receipt #22476 in the amount of $900.00 for Bradetich Park, 2) Receipt #22808, in the amount of $52.50 for James Layton. a- Chairman Paulson read the rtes MOTION: SHEPARD moved to the date for the rtes YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. agreement. sign the agreeement extending WIC Program. Deed Chairman Paulson read this document in part. MOTION: YOUNG moved to accept the dedication deed. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. t~ YOUNG: AYE. Craig Smith presented this preliminary plat to the Board for their signature and approval. MOTION: YOUNG moved to approve PP#562, Kerrybrook Acres. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. and This is to a apply for a grant through the Public the Defenders Office of the Law Enforcement Assistance he Administration. This grant application includes fend- Jefferson, Crook and Deschutes Counties. to MOTION: SHEPARD moved to approve the letter to the President of the National Defenders Institute. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. MOTION: YOUNG moved to amend the agenda to include discussion on the employee council. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 4 of 5 Deschutes G February 11 I my BOC 1981 Mike Maier, Director of Administrative Services, came before the Board and gave a brief history of events leading to this point in the formation of a County Employee Council. He has drafted a memo setting meeting times for employees of each department to get together to establish a council. Chairman Paulson suggested that they adopt the format outlined in Mr. Maier's memo. MOTION: SHEPARD moved to adopt the format outlined in the memo drafted by Mr. Maier, and dis- tribute to all County employees. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Being no further business, the meeting adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS Robert C. P ulson, r., Chairma ert a._ Ypunq, c omm)-SSloner ay u./ 5nepara,• commissioner /ss Page 5 of