2007-1086-Minutes for Meeting March 18,1981 Recorded 6/20/2007COUNTY
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2007-1086
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
MARCH 18, 1981 COURTDAY
Commissioner Paulson called the meeting to order at 10:00 a.m.
Commissioner Young and~Cbmmissioner Shepard were also present.
Amendments to The amendments were as listed on the attached sheet.
the Agenda They were: (1) Final Decision: Possible Land Use Zoning
Violation at 61956 Pettigrew Road, (2) Resolution:
Adopting an Industrial Lease Policy for Deschutes County,
and (3) Discussion on Senior Citizens Center.
MOTION: SHEPARD moved that the adendum to the Agenda
be approved.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Final Hearing Chairmano>Paulsoniopened the public hearing for Order #81-
Annexing ter- 004. There were no comments. Chairman Paulson closed
ritory to the the hearing.
Cloverdale MOTION: YOUNG moved that the order be adopted.
RFPD SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Final De-". i. ti. Commissioner Young requested that Order #81-209 be read.
cision: Pos- Chairman Paulson read the order aloud including Exhibit
sible land
I attached. Commissioner Shepard said that there had
Use Zoning
been a document submitted during testimony which the
Violation
Board had not had access to while formulating their final
at 61956 Pet-
decision. He read this letter aloud. He felt that this
igrew Road
went against one item contained in Exhibit I. Commissioner
Young said that he did not think that testimony indicated
that Mrs. Sabin-Carter was the only help that Mr. Sabin
had had in his business. Commissioner Young said that
Mr.; Sabin occaisionally hired additional help. He noted
thAt under Item B.3. of Exhibit I there was no provision
for an emergency. Chai.rmanoPaulson suggested that the
wording under item B.3. be extended to include hours as
necessary on occasional emergency repairs. There was
some discussion on the hours of operation. Commissioner
Young expressed disagreement with limiting the use to
one dumptruck as well as limiting extra help to that of
Mrs. Sabin. It was agreed to delay final action on this
until the information could be reviewed once more.
MOTION: SHEPARD moved to delay this until next Tuesday.
PAUL'SON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Resolution:
Rick Isam, County Counsel, brought before the Board Res-
Adopting an
olution #81-026, a resolution to adopt a new leasing po-
Industrial
licy for the county's industrial leases. Accompanying
Lease Policy
this was some information on the effect that this would have
for Deschutes
on some of the leases and a letter to Mr. D.C. Main with
County
a lease amendment attached.
Page 1 of 5
J
Deschutes County BOC
March.18, 1981 - Courtday
MOTION: YOUNG moved to adopt Resolution #81-126 and
that the lease-holders be notified.
SHEPARD: Second.
DISCUSSION: Chairman Paulson noted that the rent payment
was reduced as a result of this new policy in
two cases. There was some discussion on this.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
iDiscussion:
Chairman Paulson began the discussion by noting that
Surface Min-
since they had not yet received any word from LCDC On-S,
ing and the
this matter, the discussion would remain limited.
Comprehen-
Rick Isham briefly outlined the history of this matter,
sive Plan
saying that Clifford Rose and Bob Coats were appealants
in this case and LUBA had combined the two appeals and
remanded it back to the Board for decision. He said that
the Board could at this time take additional testimony
or argument. He had written the Board a memorandum in
which the Proposed Opinion and Order from the Land Use
Board of Appeals was outlined, and he discussed this.
Then Chairman Paulson(:called for other comments. Mr.
Clifford Rose came forward. He expressed concern about
the plan's criteria for Surface Mining Reserve zones.
He suggested that County Counsel meet with legal counsel
for the mining industry to discuss this criteria and
make an effort to resolve this problem at that level.
John Andersen, County Planning Director, made some
comments relating to the present plan policies. He
said that the current setback policies relate only to
those subdivision lots created after the adoption of
the ordinance. He said that the Planning Commission has
made a recommendation that those requirements be made to
apply also to pre-oxisting lots as well. Next, Bob Coats
came forward with testimony. He said that there were
problems in:-determining what sites they were allowed to
mine, and mentioned one incident when he had been directed
to cease mining operations on a site near Tumalo State
Park. He felt that there was too much time involved in
attempting to resolve these problems. There was some
further discussion among the Board and Mr. Coats and Mr,
Rose.
Surface Min-
Neil Hudson, Director of Public Works, came before the
ing problem
Board to request that the County sell some fill dirt'.
from a certain parcel of land which he showed on a map.
He suggested the price of 75~ per cubic yard for this
fill.
MOTION: YOUNG moved that they proceed and that the
Solid Waste Department proceed to dig a hole
at the demolition site and charge for the dirt
that comes out of there according to the ap-
propriate recommendations.
PAULSON: Second.
Page 2 of 5
Deschutes County BOC
" larch, 18 f 1981. Courtday
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Request for John Ranken came before the Board to request a 30-day
Extension: extension for this subdivision plat. He showed the
Squaw Creek Board a map of the plat and gave a brief history of
Canyon Recre- this application. He said the reason they were now
ational Home- requesting a second 30-day extension was that there had
sites, lst been some confusion on the road specifications they
Addition had to meet. There roads were approved at a 24' width,
but they later found out that a 28' width was required.
This additional time is necessary to bring the roads to
that standard. The Board discussed this request.
MOTION: SHEPARD monied to approve a 30-day extension
as requested.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81- Chairman Paulson opened the public hearing on this order
004, Estab- of establishment. Dave Hoerning, County Surveyor, said
lishing a that phrtions of this are within a platted subdivision
portion of and that when this was platted they did not dedicate the
Rosland Rd, streets. Being no further comments, Chairman Paulson
closed the public hearing.
MOTION: YOUNG moved they approve the Order #81-004
establishing a portion of Rosland Road and
that the surveyor does not have to re-survey
the road.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81- Chairman Paulson opened the public hearing. Gary Judd
097, vacating of the Public Works Department showed the portion to
a portion of be vacated on a map. He said that they are re-establishing
P.H. Denser the right of way. Being no further comments, Chairman
Road Paulson closed the public hearing.
MOTION: YOUNG moved to adopt Order #81-097.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-099 Chairman Paulson opened the public hearing. Gary Judd
vacating a handed out maps indicating the road to be vacated to the
public way Board. He gave a brief history of this proposal. He
said that this vacation will affect access to a parcel
of County land. The Board decided not to take any action
on this until it was determined what effect this would
have on the access to the parcel of County land. It
was decided to continue this item until their meeting on
the 25th of March.
Page 3 of 5
aDeschutes County BOC
March 18, 1981 - Courtday
MOTION: YOUNG moved to continue discussion of Order
#81-099 to Wednesday, March 25.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-098 Chairman Paulson opened the public hearing. Mr. Judd
vacating a showed the road in question on a map to the Board, and
portion of explained briefly the proposal. George Crudin, P.O. Box
River Bend 1001, Bend, came forward. He is the new owner of this
Drive property and requested that a copy of the order filed
with the clerk be sent to him. Being no further comments,
Chairman Paulson closed the public hearing.
MOTION: SHEPARD moved to approve order #81-098.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-100
Chairman Paulson opened the public hearing. Gary Judd
vacating
gave some brief details and showed the roads to be
First St., E
vacated on a map. Mr. Isham asked if any lots would
St., A St.,
become landlocked as a result of these vacations.
all located
Randy McKnight, the person who applied for these vaca-
in Hillman
tions, came forward to explain that these vacations
would not create any landlocked parcels. Chairman Paulson
said that it would create landlocked parcels according
to the map., and suggesting having the Road Department
examine this before the Board takes any action. At
this point, Larry Wiehr, who owns. property on one of
these streets, came forward. He objected to these
vacations because this would result in his property
becoming landlocked. Commissioner Shepard said he was
opposed to this proposal because it would create land-
locked parcels. Commissioner Young asked why these
three streets were on the same application when they
were so far apart on the map. Mr. Judd responded that
since there was a $100 filing fee for road vacations,
so Mr. McKnight had put all three on one application to
save money. Chairman Paulson asked how property owners
were notified of road vacations. Mr. Judd responded that
the notices.of public hearing were placed in three public
places (Mr. Wiehr had happened to notice one in the Post
Office in Bend), but they were not sent out to the indiv-
idual property owners. Chairman Paulson suggested that
the Board take no action on these vacations at--this-=time.
MOTION: SHEPARD moved that the Board establish a policy
that anyone filing for road vacations be charged
a fee sufficient to notify the effected property
owners by certified mail.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 4 of 5
40
Ceschutes County BOC
March 18, 1981 - Courtday
There was some discussion on how to establish a fee
for this and the amount. The Road Department will
make a recommendation on this.
Senior Citi- Bob Slausen, President of United Senior Citizens of
zens center Bend, came before the Board. He read to them a letter
from the Chairman of their Transportation Committee
regarding Revenue Sharing funds. There was some dis-
cussion of the budgeted amounts in the County budget
for Senior's programs and the amount needed for trans-
portation programs such as dial-a-ride. Chairman Paul-
son said that by the end of June the budgeted money
for these programs will be released. These funds are
budgeted under Other County Contributions under next
year's budget rather than Revenue Sharing as had been
the case.
Other Staff/ Rick Isham said that he would be appearing before LCDC
Public Con- the next day and asked for the Board's opinion with
cerns regard to the LUBA case. The Board expressed concern
for the rights of the developers of land bordering
mining areas. Mr. Isham said that they will be deciding
whether or not to sign the LUBA order or not.
Being no further business, the meeting was adjourned.
r
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DESCHUTES COUNTY BOARD OF COMMISSIONERS