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2007-1161-Minutes for Meeting October 28,1981 Recorded 6/20/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKDS L C 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 COMMISSIONERS' JOURNAL 06/20/2007 11:19:39 AM IIII 2 07-1 1 and Page A DESCHUTES COUNTY BOARD OF COMMISSIONERS OCTOBER 28f 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 none. the Agenda Public Hearing Chairman Paulson opened the public hearing. Cousel had to Vacate a prepared Order #81-352, an order denying the vacation Portion of of a portion of Highland Avenue. Highland Ave. Neil Hudson, Director of Public Works, explained that this involved a road within an L.I.D. that construction had already been completed on. Every person within the dist- rict had paid or is paying an assessment on all of the roads within the district, including the one proposed to be vacated.. He said that the only way they could vacate this road would be to hold a re-assessment hearing on the LID and reduce the scope of the LID. The property owners must agree to reduce the scope of the LID but allow their assessment to remain the same. He explained that the reason this vacation was requested was that it was zoned Surface Mining, and the Curls, who own the property, would like to mine this property including the portion containing the road. Rick Isham, County Counsel, said that whatever action to vacate the road, they will not be without risk. He said that once an assessment is levied for the benefit of the property owners, but they change the benefit, they may be required to again allow remonstrances. This may provide the opportunity for the property owners to relieve themselves of their assessments, which would leave the County liable. Chairman Paulson suggested that they allow the vacation with the condition that once this is all mined and reclaimed that the road be rebuilt. Jerry Curl, owner of the property to be mined, said that currently this road extends into their property and dead ends there, and there may be no reason to replace a road in the future, it may be useless.; He then quoted a letter to Mr. Isham from his attorney, Steve Janik, stating that a re-assess- ment hearing is not necessary. Jim Curl said that when they were going throughthe Site and Reclamation Plan process it was determined that the road should be vacated because it ran right through a surface mining area. He said that it was not necessary to vacate the road to mine the property, so the neighbors would not consider this a tool to stop the mining. He said that during the process of rezoning to surface min- ing the neighbors were aware of the proposed use and also aware that it was suggested that the road be vacated. He said that they could mine to within 30 feet of the road but they were asked to seek vacation of the road and repave the culdesac bulb at the new end of the road in the permit process. He explained that the area had previously been platted but the preliminary plat had ex- pired which left this property as a single parcel. Page 1 of 8 Deschutes County Board of Commissioners October 28, 1981 - Regular Meeting There was some discussion as to notification for today's hearing. None of the other property owners in the L.I.D. had been notified of this hearing. It was suggested that the hearing be continued pending notification of the other property owners. Mr. Isham noted that the Engineer's report advises that the road not be vacated. Mr. Isham said that by holding a re-assessment hearing, they will be voiding their valid assessment for the hope that no one will object to a new assessment. If the new assessment is not accepted, then the County must pay for the improvements. Chairman Paulson asked if they could approve the vacation subject to appeal by one of the property owners. Mr. Isham said that they cnul,9 still appeal the order within 60 days, which does not protect them. Commissioner Shepard suggested notifying all affected property owners within the LID and continue the hearing. Commissioner Young expressed concern about notifying persons who do not legally have the right of notification, and therefore the right to participate. There was some discussion on this. MOTION: SHEPARD moved that the Road continue the hearing until TuesdaN7, November 24, 1981 for the purpose of notifying and giving affected property owners an opportunity to be heard. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: NO. Commissioner Young noted that he had voted no because he had concerns about the notification procedure. Appointment of commis- sioner to the - - - - Manpower MOTION: PAULSON moved to appoint Commissioner Young Council the acting representative to the Manpower Council for the Board for the purposes of representing their voting for the Board at AOC meetings. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: ABSTAIN. Discussion re-Mr. William Blake came before the Board to request that garding lease he be given a set lease price for the next five years. status and He explained that he is currently.leasing 10 acres from arrangement the County for the storage of equipment. He said that with William the assessment that he just received upon which his lease Blake is computed includes 40 acres. Page 2 of 8 Deschutes County Board of Commissioners October 28, 1981 - Regular meeting Mr. Isham explained that on July 31 his office mailed a letter to Dave Jaqua, representing the Blakes, regarding the lease of this property, as well as an amendment to the lease that was never returned. He said that this lease had expired and this was a one-year renewal. He said that the $2,000 figure that Mr. Blake had been charged had been the result of some litigation regarding past due rent. He noted that a building exists on the property and it is the policy contained in the lease that if the building is not removed within 30 days, ownership reverts to the County. Chairman Paulson said that he felt that this lease should be the same as all industrial leases and based on the same leasing policy. This would be approximately two times the amount of the taxes. He noted that there was some confusion about the size of the parcel to be leased. Mr. Blake only wishes to lease a 10 acre parcel but his assessment is for a 40-acre parcel. He suggested that Mr. Blake first go to the tax office and obtain an assessment for the 10 acres only, upon which his assess- ment will be based. After he obtains that information a new lease price will be computed based on that figure. Discussion Mr. Isham said that he had sent a memo to the Board regarding Regarding this. He said they are now getting a number of applications late applica- from people who did not get in on the Bond sale and wish tions for to finance their payments. In order to do this at this LID projects time the County will have to carry them as a liability. Chairman Paulson said that he is opposed to this. He did not feel that the County should be in the position of financing this, that those persons late for the Bancroft- ing should find their own financing. Neil Hudson, Director of Public Works, said that he is also opposed to financing these people. MOTION: YOUNG moved that the Board-not allow any new names to be added to-the Bond on County financing. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion re Mr. Hudson explained that this was related to the Sundance garding pavin LID. It turned out that part of the road that was to be of Horse Butt used for the access to this LID was never dedicated, and Road the owner was not willing to dedicate that road. This re duced the scope of the LID and now access will be from Horse Butte Road. There is 900 feet of road that will not be paved on the access, he is requesting that the Board allow the contractor that is already in the area to do this job of paving this small section. R.L. Coats, the contractor doing the work on the LID, has offered to do this job for $13,500. Chairman Paulson said that he will not take part in the voting of this matter, because he owns property in the Page 3 of 8 Deschutes County Board of Commissioners October 28, 1981 - Regular Meeting MOTION: YOUNG moved that the Board proceed with the paving of Horse Butte Road, the section under discussion, and retain R.L. Coats and finance it out of road contingency. SHEPARD: Second. Mr. Isham said that if they have aggregate contracts over $20,000 they may have to open it up for bidding. If one job is over $10,000 they have to put it up for public bid. It will take two weeks to go to bids and then the cost will be more because then the contractor will be out of the area and the cost will be more for moving the equipment onto the site. VOTE: PAULSON: ABSTAIN. SHEPARD: NO. YOUNG: NO. Mr. Hudson suggested that perhaps this could be deferred until next year's budget. MOTION: YOUNG moved that the paving of Horse Butte Road be deferred until next year and be included in the budget for next year. PAULSON: Second. VOTE: PAULSON: ABSTAIN. SHEPARD: AYE. YOUNG: AYE. Other Staff/ Mr. Isham said that R.L. Coats is going to request a pro- Public Con- gress payment for work on the LTD's, even though we have cerns not yet given the start work order. He said that a Series 1981 Bancroft Bond fund will be established which will account for the interest and principle. They must also transfer the funds from the Bancroft Bond Redemption fund to this fund. The interest should be carried forward and when the bonds are closed out. How any remaining money will be disposed of at that time will be determined by the Board at the end of the bond closure. MOTION: YOUNG moved that the Board adopt Order #81-361, an order to direct the Treasurer to establish a Series 1981 Bancroft Bond fund. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Next, Mr. Isham said that he had prepared Resolution #81- 075 to approporiate funds within the Series 1981 Bancroft Fund. MOTION: YOUNG moved to adopt Resolution #81-075 approp- riating the funds within the Series 1981 Ban- croft Fund. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Request for Before the Board was a request for refund for Sid Alex- Refund ander in the amount of $17.50, receipt number 25377. The Board approved the request. Page 4 of 8 Deschutes County Board of Commissioners October 28, 1981 - Regular Meeting For Signature:Mr. Isham explained that the Order and the Deed are Quitclaim Deedprepared, but the value has not yet been determined. for Fred Bill Kauffman, the purchaser, has agreed to pay for Meyers Road the survey. He suggested that the Board could approve the Deed and the indemnity agreement subject to inclusion of the cost of the survey. He explained that the Order indicates that the roadway is no longer needed by the County and authorizes the sale. This is property that was given to the County in 1949. The deed that we are giving is a quitclaim deed. There is also a clause where the purchasers of the property hold the County harmless from any claims by the family of Fred Meyers. Jim Mor- rison, agent for the purchasers, was present to discuss this. He noted that this road was a hazard and has been closed for some time. It was the concensus of the Board to continue this item until the meeting reconvened at 1:30 P.M. when the meeting reconvenes. Resolut:;.on Mr. Isham explained that a petition had been received for forming an the formation of this district. Mr. Hudson has reviewed LID for Hun- the petition and recommends that the Board proceed. If nel Road the Board accepts the petition then they require an engineer's report be amde and indicate who is benefitted. Mr. Isham will prepare a resolution to accept the petition and refer to the engineer. Mr. Hudson indicated who was involved in the petition. He said that there were some people nearby who may want to be included in the LID. He suggested putting the LID border as far as Cooley Road. Mr. Isham suggested that if these people be included, they be included in a separate district, so that if they all remonstrate they will not harm the petitioners chance of having paved roads. There was some further minor discussion. Mr. Isham said that these resolutions will be ready by the following Tuesday. Engineering Mr.. Hudson explained that these are engineering contracts Contract for for five LID's. This will include the surveying. LID's MOTION: YOUNG moved that the Board accept the engineering contracting for LID's. These LID's include Bend River Estates, Lower Bridge Estates, Odin Crest, Crest Ridge Estates, and Dry Canyon. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. These contracts are with three different firms. MP-81-14, Craig Smith brought this before the Board for signature P.J. Smith and approval. He said that this is located on the Old Deschutes Market Road in the SR-22 zone, within the Bend Urban Growth Boundary. MOTION: SHEPARD moved to approve MP-81-14. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 5 of 8 Deschutes County Board of Commissioners October 28, 1981 - Regular Meeting MP-81-29, Mr. Smith explained that this was located in the Sisters Jesse area. Edginton MOTION: SHEPARD moved to appove MP-81-29. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. MP-81-42, Mr. Smith said that there will be no declaration of ded= Bea M. ication with this partition. He said that this will Bessell create two parcels, located just west of Redmond outside of the Urban Growth Boundary. MOTION: YOUNG moved to aprove MP-81-42. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. MP-81-50, Mr. Smith said that this is not yet ready for signature. John Williams MP-81-62, Mr. Smith explained that this will create two 20 acre Owen Panner parcels in an EFU-20 zone. MOTION: SHEPARD moved to approve MP-81-62. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. MP-81-721 Mr. Smith explained that this was located north of Highway William 126 near Lower Bridge. He said that this was basically Heath a lot line adjustment. MOTION: SHEPARD moved to approve MP-81-72. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Declaration Mr. Smith explained that this was off of 19th Street near of Dedica- Redmond and is being dedicated to the public to accomodate tion for P.J. some newly formed lots. Washburn and MOTION: SHEPARD moved to approve the Declaration of Robt. G. Mur- Dedication for P.J. Washburn and R.G. Murray ray, Exten- for the extension of Larch Avenue. sion of Larch YOUNG: Second. Avenue Mr. Isham noted that something had been added to the docu- ment after the other parties had already signed it. He said that this invalidates the document unless the reacknow- ledge it. The document will have to be redone. Commissioner Young withdrew his second. Being no further business at hand, the meeting was recessed until 1:30 PM. Page 6 of 8 Deschutes County Board of Commissioners October 28, 1981 - Regular Meeting Reconvene John Hossick, City Planning Director, was present to at 1:30 PM discuss this. He said that this involved four areas, Public Hear- which he pointed out on the map. One area invovled the ing regard- area between the railroad tracks to Highway 97 north ing Legis- of Cooley Road. This area will be zoned light industrial. lative Amend- The second change will involve a small portion of Lowe's ments to the Trailer Park, changing its zoning from RS to CH. The Zoning Map third involves changing a 6,000 sq. ft. area of another and Comp trailer park to RS. The fourth change involves changing Plan an area to RL, low density residential. Chairman Paulson opened the public hearing. Eddie Aston, former owner of Lowe's Trailer Park, said that he is in favor of the changes. Being no further comments, Chairman Paulson closed the public hearing. Chairman Paulson has copies of the four notices sent to surrounding property owners within 250 feet of the site of the proposed change. MOTION: SHEPARD moved that the Board approve the changes and direct County Counsel to draw up the proper documents. YOUNG: Second. VOTE: PAULSON: AYE SHEPARD: AYE. YOUNG: AYE. Quitclaim Mr. Isham said that they had gotten a figure from the Deed for Road Department saying that they had spent 63 hours on Fred Meyers the title search which would come to about $863, and Road the survey is not yet done. There was some further dis- cuss ion. Jim Morrison, representing the purchaser, said that this cost would not be acceptable, as it is more than the value of the land. Chairman Paulson directed that this meeting be recessed until 9:30 the next morning for further discussion and/or action on this matter. October 29, 1981 - 9:30 A.M. Mr. Isham said that this property has been valued at $1100. There were three documents preprared, the Quit- claim deed, the indemnity agreement and the hold harmless agreement. The $1100 value includes the County's admin- istrative costs. He said that most of the Road department's time that had been previously mentioned had been spent trying to unravel some ownership problems in the vicinity. MOTION: YOUNG moved that they adopt Order #81-362, an order directing the sale of a portion of Fred Meyer Road, execute the quitclaim deed and execute hold harmless agreement. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 7 of 8 ` Deschutes County Board of Commissioners October 28, 1981 - Regular Meeting The agreements will be transferred at the time of payment. The agreements are still lacking the sig atures of Mr. and Mrs. Scott. Being no further business, the meeting was adjourned. /ss Page 8 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS