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2007-1149-Minutes for Meeting September 16,1981 Recorded 6/20/2007DESCHUTES COUNTY OFFICIAL RECORDS r n NANCY BLANKENSHIP, COUNTY CLERK CJ ~UO~-1149 COMMISSIONERS' JOURNAL 111111111 111111111111 06/10/100111;18 ;18 AM 2007-11Rj 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 SEPTEMBER 16, 1981 - COURTDAY MEETING Chairman Paulson called the meeting to order at10:00 a.m. Commissioner Shepard and Commissioner Young were also in attendance. Amendments to In regard to Item #3, there was a legislative zone the Agenda change to F-3 zoning, Ordinance #81-037. The Board approved the amendments to the agenda. Re-hearing on There was some discussion on the rules of presentation. California/ All previous records relating to this hearing were made Oregon Broad- a part of this record. Mr. Speck asked for clarification casting (KPRB) on what the objective of the hearing was, whether it was CU-80-182 a possible reversal of the prior decision, or just some clarification of the findings adopted in that decision. Chairman explained that this was to be a re-hearing with no set outcome in mind, that they will take testimony on specific issues outlined in the previous material. It was agreed that each side would have 30 minutes for their presentation of testimony, and each side would have 10 minutes for rebuttal/cross examination. Chairman Paulson opened the hearing. He noted that Add- itional records should be placed in the record. Those were: a telephone call he had received from Doro Sokol that morning, indicating that she was concerned about the proposal from the standpoint of safety to aircraft, she said that there are times when clearance is given to fly lower than 1,000 feet, under visual flight rules, as opposed to instrument flight rules; a letter dated September 14, 1981 (received on Sept. 15) from Paul E. Burket, Aeronautics Administrator, signed by Ray E. Cos- tello. Dick Knoll, Planning Department staff, added into the record a copy of Senate Bill 47 that will become effective on November 1, 1981, it was noted that this was actually a summary of that bill. Dan VanVactor, represent- ing California/Oregon Broadcasting, entered into the re- cord a copy of Senate Bill 47 in its entirety. Dave Jaqua, also representing California/Oregon Broad- casting, said that the letter and Senate Bill submitted were contrary to actual FAA regulations. He said that a person from FAA wanted to be present to testify at this hearing to testify but were anable to do so, but he said that they were upset with the letter from the State. He requested that some arrangement be made to allow testimony from the FAA, so that the Board can become aware of the FAA's position on this. Commissioner Shepard had to leave the meeting at this point, it was 10:20 a.m. Mr. Jaqua and Mr. VanVactor_ requested that the hearing be postponed one week so that Commission Shepard could be present. Paul Speck, representing the South Heights Neighborhood Association, objected to the postponement because it was costly to his clients. Mr. VanVactor asked that Mr. Bill Lickey be allowed to address the question of his presentation and how effective it would be if Commissioner Shepard were to only listen to Page 1 of 6 Deschutes County Board of Commissioners September 16, 1981 - Courtday the tape of this hearing. Bill Lickey, representing KPRB, came forward. He noted that the main issue is safety and pointed out that he is a pilot in the area. He discussed design processes as to how they formulate the air traffic pattern around airports. He said that he also had some exhibits that the-,,tape could not ade- quately convey. It was agreed to continue this until 10:00 a.m. Septem- ber 23, 1981. There will be no further continuations unless there are some extremely unusual circumstances. The rules for presentation noted at this hearing will be in effect for the continued hearing. Public Hearing Chairman Paulson reconvened the hearing of September 3, on Sisters 1981 held in the Sisters City Hall. Planning and Zoning Ordin- Betsy Shay, Planning Department staff, said that three ance Amend- amendments had been made in accordance with the testimony ments given at the earlier hearing. These amendments include:_ wording that includes the Sisters Hotel and Sisters Drug Store as historic landmarks subject to consideration by the Historical Landmarks Commission; a change to the-comp plan map to have the TrahsAmerica Bike Route follow Highway 20, rather than Highway 126; there were also some amendments made to conditional use criteria as it relates to mobile homes. These amendments were contained in Ord- finance #81-038. There was no further testimony. Chair- man Paulson closed the hearing. It was agreed to post- pone the Board's action on the ordinance until Commissioner Shepard could be in attendance. A tentative date was set for Tuesday, September 22, 1981. Discussion This was postponed to an unspecified date. Chairman Paul- with Mirror son said that he would reschedule it after consulting other Pond Committee parties involved. Other Staff/ Betsy Shay, Planning Department,/brought before the Board Public Con=' a legislative amendment to change certain land in the Sis- cerns ters area to F-3 zoning. This land is owned by Brooks Resources and they had requested that this be changed to F-3 zoning rather than F-2. This regards 80 acres and had been previously heard by the Board, at which time Brooks Resources had requested the change to F-3. Chairman Paulson opened the public hearing on Ordinance #81-037. He read Ordinance 81-037 aloud by title only. Being no comments, he closed the hearing. MOTION: YOUNG moved that the first reading of the ordin- ance be by title only. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. Chairman Paulson gave the first reading by title only. Page 2 of 6 Deschutes County Board of Commissioners September 16, 1981 - Courtday Consideration of Hardship Petition for Property Tax Exemption for Donald L. Wolf For Signature: Order Estab- lishing the Bancroft Bond Redemption Fund MOTION: YOUNG moved that title only. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. the second reading be by Chairman Paulson gave the second.reading by title only. MOTION: YOUNG moved that Ordinance #81-037 be adopted. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. Commissioner Young explained a letter to the Board re- ceived from the Oregon Department of Revenue recommend- ing that Mr. Wolf be granted property tax exemption for the year 1981-82. This was also the recommendation of Oscar Bratton, County Assessor. MOTION: YOUNG moved that the Board of Commissioners approve this application for property tax exemption. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. Chairman Paulson read order #81-347 aloud by title only. MOTION: YOUNG moved that the Order be adopted. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. Resolution This was for a portion of Highland Avenue. This sets Commencing the hearing date. This was Resolution #81-071. Proceedings MOTION: YOUNG moved to adopt the Resolution. to Vacate PAULSON: Second. Highland VOTE: PAULSON: AYE. Avenue YOUNG: AYE. MP-81-9, Craig Smith, Planning Department, brought this before Scrogin/ the Board for signature and approval. He explained that Vincent John Andersen, Planning Director, was out of town attending a conference and could not sign the partition. He requested that the Board authorize him to sign this for the Planning Director. MOTION: YOUNG moved that Craig Smith be authorized to sign for John inasmuch as Mr. Andersen is out of town and they are all ready to go. This is for today only . PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. MOTION: YOUNG moved that they aprpove Minor Land Part- ition 81-9. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. Page 3 of 6 Deschutes County Board of Commissioners Soptemb.er 16, 1981 - Courtday MP-81-31, Craig Smith brought this before the Board for signature Eugene Rob- and approval. He explained the location, and also men- inette tioned that the Hearings Officer had denied the request for a variance and it was appealed to the Planning Com- mission who approved the request. MOTION: YOUNG moved to approve MP-81-31. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. MP-81-47, Mr. Smith explained that this was zoned SR-2~-1/2. Both Scott Oakley parcels are 2-1/2 acres in size. This includes a Dec- with Declar- laration of Dedication. ation of MOTION: YOUNG moved to approve MP=81-4.9,and accept the Dedication Declaration of Dedication. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. MP-81-51, Mr. Smith explained that this is in an EFU-20 zone Leslie Palmer and this partition created a 50-acre lot and two 20- with Declar- acre lots. This includes a declaration of dedication. ation of MOTION: YOUNG moved to adopt MP-81-51 and accept Dedication the Declaration of Dedication. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. MP-81-44, Mr. Smith explained that this was zoned F-3, and that John Stark the Hearings Officer did approve a conditional use for three closed parcels. Since the partition was drawn in pencil, the Commissioners decided to sign a xerox copy of the original, so that it would be a permanent non-erasable document. MOTION: YOUNG moved that they approve MP-81-44 and continue it upon a non-erasable copy being provided for their signature. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. Declaration Mr. Smith explained that this was for Squaw Creek Canyon of Dedidic- Recreational Estates subdivision. There had been a ation, problem with access into it, which this will help cure. Eloise Atkins MOTION: YOUNG moved to accept the Declaration of Ded- ication. PAULSON: Second. VOTE: PAULSON: AYE. YOUNG: AYE. General Fund No discussion. Bills/Road Department At this time Chairman Paulson recessed the meeting until 2:00 p.m. when they will discuss Buckingham School Crossing with the School District and the State Highway Department. Deschutes County Board of Commissioners September 16, 1981 - Courtday Chairman Paulson reconvened the meeting at 2:00 p.m. to discuss the Buckingham School Crossing. This was regarding the safe crossing of Hamby Road in froftt of Buckingham School to allow students to get to and from school safely if they walk. Neil,i.Hudson, Director of Public works, said that speed studies done in that area indicate that 85% percent of all drivers on that road travel at 50 mph. That is the normal speed, however a 20 mph speed zone is the posted limit in the school area. He said that a study done in San Diego indicate that more pedestrian/car accidents occur at crosswalks, because the pedestrian feels secure in crossing at that crosswalk, however, the drivers are not recognizing the crosswalks as a point at which they must be prepared to stop. There were 67% more incidents of children being hurt at crosswalk crossings than non- crosswalk crossings. He said that if there is no cross- walk then the child makes a value judgement of whether or not it is safe to cross. However, he noted that a crosswalk with a crossing guard was the safest method of crossing the street. John Holcom, State Speed Control liason with!,.the State Highway Department, come forward. He said that cross- walks can be dangerous for children, for the same reasons Mr. Hudson had outlined. He said that any school facing a County road, city street or state or federal highway has a posted 20mph speed zone. He said that the County could establish a school crossing but they definitely advise against the marking of a school crossing. Commissioner Young asked if the school zone could be ex- tended, as there was a visibility barrier because of a hill.that the road goes over. Mr. Holcum said that this was not possible, as the school zones were established primarily for playgrounds. Previous requests of this nature have been denied. John Fairchild, Assistant Transportation Supervisor for the school district, came forward. He mentioned that the Board had been sent a diagram of the proposed crossing in front of the school. He suggested that this particular instance be taken into consideration, rather than leaning on the studies that have been done. He explained what kind of traffic is around the school on a daily basis, and said that a crossing would channel the foot traffic to one area, in an area providing the most visibility. He also said that a student patrol could be made available, Bill Scott, Principal of Buckinham school, said that they would monitor the crossing during the morning and dismis- sal times. He said that they would post crossing guards, pending approval from the State to do so. Page 5 of 6 Deschutes County Board of Commissioners September 16, 1981 - Courtday Carol Nelson, parent of a Buckingham student, said that there was an area to the north of the school were there are not white fog lines along the road, if there were some it would provide a bike path for those students wishing to ride bicycles to school. She asked if there were any plans for bike safety along that road. Mr. Hudson responded that one of the conditions of approval of the construction of the school in that location was that all students would be bussed to and from school. Therefore, plans of this nature were not necessary, and therefore not budgeted for. He also noted that the road was too narrow to paint fog lines on. Connie Ballou, representing parents on Quail Ridge Road, said that she felt that the proposal was an excellent one. She said that currently parents from her neighbor- hood are walking the children to and from school, and they feel that this crossing is needed. MOTION: YOUNG moved that the Board of Commissioners authorize the building of a crosswalk as des- ignated on the diagram presented by the school and that we also include the present parent patrol to continue until such time as a regular student patrol can be established, also the building of a stop bar on Quail Ridge Drive. The intent is that there will be a crosswalk built and that there will be a monitor there during all crossing hours. At the present time they will authorize the parent patrol to continue until such time as the student patrol is estab- lished. The crosswalk will cease to exist if the monitoring ceases to exist. The motion should indicate that its understood that there will be parent guards and/or school authorized guards and during the times that students nor- mally cross-- wherever they come from. PAULSON: Second. Mr.,Hudson said that they contract with the State to do all their painting jobs, so there may be some wait until they can have this done. VOTE: PAULSON: AYE. YOUNG: AYE. Reconvene Although this was on this day';§ agenda, this meeting will as Budget not take place until Tuesday, September 22, 1981. Board DESCHU COUNTY BOARD OF COMMISSIONER 0 AVAW 0~ -,14 obert C. Paulson, Jr., Clay C.. Shepard, Bert A. ng, Chairman Commissioner Commissio /ss Page 6 of 6