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2007-1133-Minutes for Meeting July 28,1981 Recorded 6/20/2007DESCHUTES COUNTY CLERKS ~d ~OV1-1133 NANCY COMMISSIONERS' JOURNAL 06/20/2007 11:06:12 AM 2007 -III (IIIIIIIIIIii33IIII 111111 III 00 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 'DESCHUTES COUNTY BOARD OF COMMISSIONERS JULY 28, 1981 - REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner Shepard was also in attendace, Commissioner Young was absent. Amendments to There was one amendment as listed on the a attached the Agenda sheet, which was the cancellation of item #6. Also, Vince Genna had requested to speak with the Board under "Other Staff/Public Concerns". MOTION: SHEPARD moved to amend the agenda to provide for these items. PAULSON: Second. VOTE:I PAULSON: AYE. SHEPARD: AYE. Final Decision Chairman Paulson opened the hearing, and called for regarding pre- comments from John Andersen,Planning Director. Mr. Ander- existing use sen handed out some maps and aerial photos to the Board. in relation to The photos were taken in 1976 of the LaPine area. Mr. a rock crush- andersen explained that on July 15, 1981, he had been ing operation contacted by the Lunda's in regard to a rock crushing opeation in the LaPine Industrial site operated by the Shields'. At that time he asked the Lundas to inform him when they saw the rock crusher in operation again. The next morning, July 16, he received a call from the Lundas saying that the rock crusher was in operation. He was then directed by the Board to go to the Shield's property on Foss Road and place a stop work order on the operation. At that time he had talked to Herb, Leon and Kitty Shields. He said that the property appears to be used as a contractor's yard. He said that when he came to issue the Stop Work order, Bob Danko of DEQ was there doing a report, copies of which he handed out to the Commissioners. Leon Shields said that they have been crushing rock on that site for the past ten years. The subject property is described as T-22S, R-10E, S-14BA, tax lots 1000 and 1700. Tax lot 1700 is used primarily for storage. Mr. Andersen suggested that the Shields try to prove this was established as a pre-existing non-conforming use. He then showed the Board some photographs he had taken of the rock crushing opera- tion. He said that this hearing had been set today at the Shield's request, and that proper notification had been sent. Letters had been received in regard to today's hearing. Mr. Andersen read aloud letters from Joseph E. and Vir- ginia Kirk, Kenneth E. Johnson, and Blaine Vetetto, all of which were in oppostion. Other letters received were from: Mr. and Mrs. Chuck Sealy, Mr. Troy Mathews (in which it was stated that this was a pre-existing use), Paul Yeager (in which it was stated that the 'Shields' had had their business on this property in 1957), John L. Wilson (verifying that this was a pre-existing use), Oliver Fuqua, John D. Lovelace (also verifying that this was a pre-existing use), William Phillips, Dennis Fitzpatrick, George and Edna Merritt, and Robert S. Lovlien; all in support of the operation. Page 1 of 6 De$chutes County Board of Commissioners July 28, 1981 - Regular Meeting Next, Leon Shields, General Delivery, LaPine, came forward. He said that they operated the crusher for the first time on this property in 1971. They also did some crushing work in 1972 and have been doing it off and on the property since then commercially. He explained that they sometimes only do any crushing for one month out of the year, sometimes as little as three to four days. Next, Mike Shields, P.O. Box 154, LaPine, came forward. He said that they started crushing in the fall of 1971 and they were at that time thinking of starting the business. He then explained the course of the business' development from that point on. He said that in 1978 they bought the crusher they now have, which replaced the one originally purchased in 1971. Next, Roy Dean, 52119 Sterns Road, LaPine, came forward. He said that he had moved to LaPine in 1972 and at that time noticed the presence of the rock crusher, but had not seen it in actual operation. Next, Dave Turner, 2129 Dakota, Euguene, came forward. He said that he had worked for the Shields' in 1976 and ran the crusher at times in 1976. There were no further comments in support of the issue. Chairman Paulson called for comments in opposition. Robert House, 32070 Oak Lane Drive, Halsey, OR, came forward. He briefly stated what the zoning was on the Shields' property, and stated that rock crushing activity on the lower west quadrant of tax lot 1000 would be in violation of the zoning ordinance. He also noted that there has been a drop in the water level of well because of this. He said also that Foss Road was not constructed well enough for the heavier traffic: Next, O.H. Lunda, Foss Road, LaPine, came forward. He said that his health has been affected by this. He said that he has been on his residence since 1970 (during the summers) and this crusher had not been in operation prior to July 10 of this year. He had taken photographs of the dust over the neighbor's house on July 14. Christy Otney, 51468 Bonnie Way, LaPine, came forward. She spoke of the noise problem, and,'that her well is going dry this summer. She said that.she had tried to open a sewing shop but could not because of the zoning, and she felt that this use should also be made to con- form with zoning laws. She said that she is against this because of the nearby residences. Carl Merritt, 16580 Foss Road, LaPine, came forward. He said that the noise and dust is beyond belief. He said that this is no longer a healthy area. Page 2 of 6 Degchutes County Board of Commissioners July 28, 1981 Regular Meeting Tony Whitney, LaPine, came before the Board. He had a map of the industrial park. He said that the right- of-way was illegal for the whole plant, and that their traffic could not be using a residential road. He said that the rock crusher is not on tax lot 1000, but was actually located to the west of tax lot 1000. He said that they are deliberately putting this aggregate in there to damage the senior citizens. He said that he had letters from doctors saying that the cement plant was killing the Lundas._ J. A. Gauger, P.O. Box 664, LaPine, came forward. He said that this activity is in violation of air and noise pollution laws. He said that he has lived there for 25 years, and found there to be more dust since this went into operation. He felt that Foss Road would not hold up under the traffic of this heavy equipment. Wes Mitts, LaPine, came forward. He said that he lives about 1 mile from the site and they have a lot of dust from the operation. He also said that their water supply is going down. Chairman Paulson called for comments in rebuttal. Sylvia Shields noted that Mr. House lives in Albany. She said that their property was zoned heavy industrial in 1973. Noted that some residents who complained of dust live on dirt roads, and that could be part of the problem. She said that DEQ has testified to the fact that the dust is below nuisance levels. She said that the rock crusher is definitely on tax lot 1000, and that that is the only site it has ever been on. With respect to travel on Foss Road, during the 1950's pumice trucks ran on that road continuously. Leon Shields said that the reason they are crushing rock on that site is that they were told they could not crush the rock at the site, because of previous objections by the Lundas. Chairman Paulson then called for rebuttal in opposition. Tony Whitney again came forward. He briefly went over some of the statements made in the prior hearing. He said that if there was a pre-existing use it hid been illegal at all times. Chairman Paulson asked Mrv. Ander§en if it were always illegal. Mr. Andersen said that an industrial use re- quired a site plan in PL-5. Any use after that time would require a site plan review. PL-15 went into effect in 1972, and the Shields had made a previous statement that they had been there since 1971. Mr. Isham explained how the Shields would have to document a pre-existing non-conforming use. There was some further discussion by the Board. Page 3 of 6 'Deschutes County Board of Commissioners July 28, 1981 - Board of Commissioners The Board agreed to continue this hearing for the purpose of gathering written evidence of a pre-existing use to their regular meeting of August 4, 1981. Discussion re- Burnell Allen, 52731 Hunnington Road, LaPine, came garding lease before the Board to discuss this. He explained that with LaPine in 1975 the LaPine Lions Club acquired 10.46 acres Lions and Des- of BLM land to convert into a community park in chutes County LaPine. At this time they are trying to obtain a beer for LaPine and wine license from OLCC to be used on the park pre- Community mises, but OLCC requires that they have a deed to the Park property. The County currently holds a lease from BLM for this land, which the county in turn has leased to the LaPine Lions for the park. The County holds a 25- year lease. Doug Maul, Facilities Coordinator, read portions of this lease aloud. Mr. Maul said that any lease to the Lions Club should stipulate that the Lions will fully insure the County and themselves against any problems. MOTION: SHEPARD moved that they draft a lease for the lease of the LaPine Lions Community Park to the Lions Club from the Board of Commissioners of Deschutes County. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Terry Auxier, P.O. Box 758, LaPine, said that when BLM leased the land to the County, they had said that when development has been satisfactorily completed then they would consider selling the land to the County. The LaPine Lions request that the county contact BLM to see if they will sell this to the County at this time. Commis- sioner Shepard said that he would look into this. They will contact Mr. Allen. Approval of Chairman Paulson said that this had already received the new job des- Board's tentative approval, but this needed to be approved cription and in a regular meeting. It was noted that this field work discussion re- would be necessary in conjunction with the work County garding field Counsel is doing in land sales activities, however, Counsel work in rela- does not have the time to do the field work. Doug Maul, tion to land Facilities Coordinator, will perform the field duties. sales MOTION: SHEPARD moved to approve the Facilities Coordin- ator job description. PAULSON: Second VOTE: PAULSON: AYE. SHEPARD: AYE. Other Staff/ Vince Genna, Bend Metro Parks and Recreation District, Public Con- came before the Board to continue the discussion exchange cerns of 360+ acres southeast of Shevlin Park. He said that this would enable them to develop a trail system in conjunction with the Forest Service and State Parks. This had been discussed at their last Wednesday's meeting. Bob Lockman, Brooks Resources, was also present. This proposed trade would be a three-way trade involving Brooks Resources. Mr. Lockran noted that some of their property Page 4 of 6 •Detchutes County Board of 'Commissioners July 28, 1981-- Regular Meeting proposed for the trade was subdivided and therefore worth more. The subdivision includes approximately 206 acres, with parcel sizes ranging from 2 to 11 acres. There are 15 parcels in all. He said that they are interested in retain from 5 to 10 acres of this, but nothing on the creek. There was some further general discussion between all present. It was decided that both properties should be appraised. Mr. Isham sug- gested that the appraiser be requested to suggest how they could equalize value if it is not found to be equitable. Discussion and Mr. Isham explained that he had sent a letter to Mr. possible deci- Steckler indicating that he wants the deed to the sion of re- property he would have to pay it off. Because of some quest by Greg cash flow problems, Mr. Steckler cannot do this, and is Steckler on requesting that the county accept $3,000 for the Assignment of release of his purchaser's undivided 1/2 interest. a contract This will reduce his principle to about $8,000. Mr. Isham said that this seemed reasonable. MOTION: PAULSON moved that the Board approve closing of the matter of Greg Steckler on assumption of a contract in the matter outlined by County Counsel. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. Discussion and Mr. Isham said that he had reviewed this with Mr. possible sig- Avedovech, County Hearings officer. nature in the MOTION: SHEPARD moved to approve the Hearings Officer matter of services agreement with the City of Bend. Hearings Offi- PAULSON: Second. cer's Services VOTE: PAULSON: AYE. for the City SHEPARD: AYE. of Bend For Signature: Chairman Paulson read this aloud by title only. Order #81-309, MOTION: SHEPARD moved to approve order #81-309 Transferring as of June 30, 1981, nunc pro tunc. Appropriations PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. (2) Requests There were two requests for refunds before the Board, for Refund one was receipt number 14905 in the amount of $25 to V.L. Martin, and the other was receipt number 23980 in the amount of $40 to Harvey Murphy. Agreement be- This was for Hearings Officer's services. It will tween Des- go into effect July 1, 1981. The Board signed the chutes County agreement. and the City of Redmond Page 5 of 6 Deschutes County Board of Commissioners ,July 28, 1981 - Regular meeting Being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS t /ss Page 6 of 6 4 2 14 " Albert A. Young, 'Commissioner