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2007-1132-Minutes for Meeting July 22,1981 Recorded 6/20/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS Vd 2~Q~•1132 COMMISSIONERS' JOURNAL 06/20/2007 11;06;12 AM 1111111111111111111111111111 II I III 2007-1132 Do not remove this page from original document. Deschutes County Clerk Certificate Page C C r 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 DESCHUTES COUNTY BOARD OF COMMISSIONERS JULY 22, 1981 - COURTDAY Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner Shepard was also in attendance, Commissioner Young was absent. Amendments to Amendments to the agenda were listed on the attached the Agenda sheet. In addition to those was the Linda E. Johnson Way of Necessity hearing. MOTION: SHEPARD moved to approve the amendments. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Public Heari.; Betsy Shay, Planning Department, said that she had ing: Bend received some comments as a result of a mail-out. Urban Area She said,..that Jim Carnahan had indicated that he was Road Renaming in favor of the change affecting him, John Morris was in opposition to changing the name of Arnold Market Road. Ms. Shay said that they had been working closely with the Bend City Fire Department and the Bend Urban Area Planning Commission. She said that they had had two public hearings on the duplicate road names. She said that the Road department wants to make changes where necessary to have contiguous roads ail.one name, so one hearing was held on those. Chairman Paulson opened the public hearing. MOTION: SHEPARD moved to read Ordinance #81-032 by title only. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Chairman Paulson read the ordinance aloud by title only. This was the first reading. Chairman Paulson then went over the list of name changes individually, asking for comments. Bob Penington, Sage Way, said that this road was estab- lished in July of 1963, and the conflicting names were established after that time. Ms. Shay said that this sheet was selected to be changed because it affected the least amount of people. The three being considered were: Sage Way, Sage Hen Court and Sage Court. Four residences are located on Sage Lane, Sage Court had seven. Next, Ben Johnson, Alpine Circle, came forward. He has a business at this address and will have to go to some expense to change the address. This was in regard to changing Alpine Circle, because it is similar to Alpine Lane and Alpine Drive. David Howe, Bend Fire Department, said that Alpine Drive and Alpine Lane are close to each other, so that is not as much of a problem as Alpine Circle. The Bend Fire Department has requested that Alpine Circle be changed. Mel Finger came forward. He said that all three are distinct and different names, and should not cause a problem. Dennis Gibbs, 60818 Alpine Circle, said that there were businesses in the area that would be affected, and noted that their road Deschutes County Board of Commissioners July 22, 1981 - Courtday was named first. Ms. Shay responded that the recom- mendation to change Alpine Circle was based on number of households affected, and not what street was named first, as they were all named in the same year. Commissioner Shepard expressed concern about changing the names of the streets that had been named for past U.S. Presidents. There was some discussion on this. It is proposed that Arthur Avenue be changed. Vince Genna, Bend Parks and Recreation, said that a park is proposed for that area, and in the event of the devel- opment of a park, the proposed future extension of that road would likely not occur. If this is the case, then changing the name of the street would serve no purpose. MOTION: SHEPARD moved that they eliminate "N" from the list at this time,and that they change "Barton Place" to "'Granite Drive", "Alpine Circle" to "Granite Drive". PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Discussion Mr.,Genna came before the board to explain Parks and with Vince Recreations proposal for a land exchange with the Genna reg- County and Brooks Resources in order to obtain land arding land to be used for a trail system between Tumalo State Park trade near and Shevlin Park, following Tumalo Creek. He said that Shevlin Park he is seeking preliminary approval from the County, so they will know whether or not to proceed. MOTION: SHEPARD moved to endorse the concept of the land exchange with Brooks Resources and the County in order to secure and retain the land that Vince Genna is considering along Tumalo Creek. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Discussion re- Jan Cangie, Counsel's secretary, requested that this garding Resort item be continued to a later date. Bus Lines Discussion re- Marvin Young, County Extension Agent, and Charles garding spec= Trachsel came before the Board to discuss the pos- ial Service sibility of forming a special service district for District extension service and 4-H. He presented to the Board for their approval a petition to initiate formation of this district. He noted certain changes to be made in the text of the petition. He said that the chief petitioners were: Bob Hudfeldt, Tom Throop, Dr. Mary Brown, and Jane Schrader. MOTION: SHEPARD moved for approval. PAULSON: Second. Chairman Paulson suggested having Mr. Isham review the petition. VOTE: PAULSON: AYE. SHEPARD: AYE. 2 Deschutes County Board of Commissioners July 22, 1981 Courtday Linda E. John- Chairman Paulson opened the public hearing. Bob Lovlien, son Way of representing Linda Johnson and persons listed on the Necessity petition, came forward. He presented to the Board an Re-hearing appraisal done by Harper Brown, who appraised the 15 foot right of way at $1300_(for the portion on Mr. Raimondi's property). He said that they had discussed the question of the reserve strip with Mr. Brown, who had said that he felt that reserve strips were always owned by the County, and had no value as they belong to the County. Mr. Lovlien said that they were prepared to accept this appraisal. He then submitted a letter into the record from Ms. Johnson addressing the question of attorney's fees. He said that the reserve strips were not lawfully created, as they do not have a tax lot number,and no taxes are being paid on these strips. Mr. Lovlien also indicated that they were willing to participate in the maintenance of the road on an equal basis with other users of the road. As there were no other comments in favor, Chairman Paulson called for comments in opposition. Robert Raimondi, 69370 Sabrina Lane, Redmond, came forward. He offered to the Board an appraisal done by Burl Templeton. Bonnie Palfry submitted information from the Reed Brothers Realtors. She said that her counsel could not attend today's meeting and requested that this be continued. Chairman Paulson suggested that he offer his statement in writing and any rebuttal could also be made on this basis. Chairman Paulson requested that Mr. Lovlien send Mrs. Palfry's attorney a written statement of what he had presented to the Board at this hearing so that he could respond. The time frame for this to be carried out was determined. The Board will again consider this matter 21 days from the date of this hearing. MOTION: SHEPARD moved that Bob Lovlien have his presen- tation to the Commission on the 29th of July, his statement made here today, the Board will send that to the other attorney and he will have 14 days to return the information and they will finish considering the information on August 12, including the information from Reed Brothers Realty, also that Mr. Lovlien file this with all other parties to relieve the County of the responsibility. PAULSON: Second. VOTE:, PAULSON: AYE. SHEPARD: AYE. Larry Baker, 1845 Oak Street, Jefferson, OR, came forward, He said that he felt that the issue was blown out of proportion. He said that they are not using anything that is not already dedicated to the county through the sub- division. The easement they are requesting is already an easement that they have been using for years, he said. Chairman Paulson closed the testimony, except for the written testimony to be submitted as previously outlined. Page 3 of 5 Deschutes County Board of Commissioners July 22, 1981 - Courtday For Signature: Craig Smith, Planning Department, brought this before MP-81-10, the Board for signature and approval. Lockwood Pier- MOTION: SHEPARD moved to approve MP-81-10. son PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Other Staff/ There were none. Public Con- cerns Plat for Greens-Craig Smith brought this before the Board for signature wood Cemetery and approval. MOTION: SHEPARD moved to approve Greenwood Cemetery, 3rd Addition. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Shevlin Center Mike Oxman, Brooks Resources, came before the Board to Subdivision obtain their approval and signature for this plat. Plat MOTION: SHEPARD moved to approve the Shevlin Center Plat. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Agreement with Neil Hudson, Director of Public works, explained that Central Elec- we will be subcontracting with them so that we can use tric Co-op for their site which they are now leasing from BLM. The use of Hampton cost will be $10.00 per month, and that will include Butte for the electricity. He said that this is a standard agreement. MOTION: SHEPARD moved to approve the agreement with Central Electric Co-op. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. This was approved subject to Counsel's approval. MOTIO14: SHEPARD ;moved to reconsider the -motion and approve it pending Counsel's approval. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Declaration Mr. Hudson explained that this was for a proposed LID. of Dedication MOTION: SHEPARD moved to accept the dedication from from Brooks '.,.Brooks Resources to;Deschutes County. Resources PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. MOTION: SHEPARD moved to amend the agenda to include Resolution 81-056. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Page 4 of 5 4 Deschutes County Board of Commissioners July 22, 1981 - Courtday Resolution Chairman Paulson read the resolution aloud by title only. 81-056. MOTION: SHEPARD moved to approve the resolution 81-056. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Being no further business, the meeting was adjourned. DESCHHU~UT)ES COUNTY BOARD OF COMMISSIONERS /ss Page 5 of 5 Albert A. Young, Commissioner