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2007-1195-Minutes for Meeting March 09,1982 Recorded 6/20/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOS CJ ~~Q1-i195~ COMMISSIONERS' JOURNAL 06/20/2007 11;41;33 AM 111111111II IIIIIII VIII III I III 2007-ii 5 Do not remove this page from original document. Deschutes County Clerk Certificate Page L 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 March 9 and 10, 1982 - Regular Meeting Chairman Shepard called to order the meeting of March 9 and 10 at 10:30 a.m. on Tuesday, March 9, 1982. Commissioner Paulson and Commissioner Young were also in attendance. Amendments to the agenda included-Consideration of a 40-hour week for the Secretaries in Developmental Serices and Consideration of Extension for a Plat. Discussion Don Petersen, representing the County Recreation Committee, regarding came before the Board to discuss this. He noted that a Disposal of Subcommittee had been looking at land in the LaPine area County Land and found that there is no land suitable for developed recreational purposes. They felt these purposes were better served at state parks and national forest lands and at a city park that is being developed. Mr. Petersen noted that most of the county land in the LaPine area is in individual lots and the Committee recommended that they be disposed of. The Committee felt that those lots on the flood plains are unsuitable for residential development and suggested that they be retained as open space. Commissioner Paulson noted that the Board will be considering parcels when County Counsel gets a total list together and presented to other agencies for consideration. A decision will then be made as to which parcels will be put up for sale. Discussion John Andersen, Planning Director, introduced Carol Connell, regarding City of Redmond Planning Director, Bob McWilliams, City of Redmond Redmond Mayor, and consultants hired by the City of Redmond Canyon Plan to discuss this. Mr. Andersen explained that before reaching any kind of final form, the Board of Commissioners needed to be aware of what is being prepared for the Redmond Canyon. Ms. Connell explained that a vote taken by the residents of Redmond on the future of the canyon indicated that they wanted the canyon to remain as open space. The canyon is zoned as open space and park reserve. The city realized that the intent of the zone and the comprehensive plan were not clear and that a master plan was needed to form the canyon into usable park space. Ms. Connell noted that the city hired consultants. to decide the best use of the canyon. They will then meet with all of the property owners and take into account any modifications they feel are necessary. The plan will then be presented, again, to the Board and the city council to be adopted. Mss: Connell introduced Hal Begley and Steve Dixon from a consulting firm in Portland to explain the drawings they had prepared. Mr. Begley explained that the total park area encompasses 280 acres 3.5 miles long from Quartz at the south end to the treatment plant at the north end. About 15 percent Page 1 of 6 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 9 and 10, 1982 - Regular Meeting of the property is in public ownership, the balance in private ownership. Mr. Begley stated that a portion of the park has been approved for development, that being Bowlby Park which is two Little League fields. That property has been deeded to the city. Mr. Dixon explained the drawings and noted that the park would include bike paths, horse trails, small neighborhood parks, tennis courts and a swimming center. Mr. Dixon said that additional construction is anticipated in the form of commercial development which will have significant impact of encroaching upon the canyon space. Mr. Andersen noted that presently a significant portion of the canyon is in unincorporated lands. There will be involvement with zoning enforcement and other actions occurring in the initial implementation of the plan. Mr. McWilliams noted that the workshops would probably begin in mid-May. At this time a big question is can the City of Redmond acquire all that land and operate and maintain it? He also stated that this is Plan A and they may end up with a Plan C. Mr. McWilliams felt there was a possibility there could be three or four workshops before anything would be decided. Rick Isham, County Counsel, inquired as to the plan for acquisition of the privately owned lands within the canyon area and outside of the corporate limits. Mr. McWilliams thought perhaps annexation, perhaps the Central Oregon Park District working with the City of Redmond could be a possibility. Chairman Shepard thanked the group for a very impressive presentation stating that he felt it would be a great boost for all of Central Oregon. Commissioner Paulson left the meeting. Discussion Commissioner Young introduced this item pertaining to the regarding purchase of United States flags for placement on the Purchase of graves of veterans interred within the county. The Grave Marker request is for two gross at $94.95 per gross plus $5 Flags for shipping. Commissioner Young noted that previously the flags had been purchased from another source but the proposal was to purchase them from the American Legion at a fifty percent savings. MOTION: YOUNG moved that the County purchase the two gross of flags at $94.95 per gross plus $5 for shipping. SHEPARD: Second VOTE: SHEPARD: AYE YOUNG: AYE Page 2 of 6 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 9 and 10, 1982 - Regular Meeting Discussion Neil Hudson, Director of Public Works, was before the regarding Board to discuss this. He explained that his department Purchase of has budgeted for the replacement of a grader. His Grader for proposal is to trade in two of the oldest graders for Road Depart- one new grader. Mr. Hudson indicated that the original ment thought had been to go out on a total cost bid with a ten-year total cost package, but it was decided that would be difficult to administer. He talked with County Counsel and then decided to get proposals from various interested people. Two proposals were received from Pape' Brothers, Inc., and Hessel Tractor and Equipment Company. Mr. Hudson noted that Pape's proposal is for a Caterpillar grader, Model 140G, and Hessel's proposal is for a John Deere, Model JD 778 grader. With trade-in allowance, Pape's bid was for $64,255 and Hessel's bid was for $62,142 for a difference of $2,113. Mr. Hudson felt the county would be ahead to go for a purchase exemption and pay the extra amount for the Caterpillar grader. His explanation was that all of the county's graders are Caterpillar brand and that repair parts are in stock, and efficiency and safety of operation will be better because the drivers will be more familiar going from grader to grader throughout the day. He noted that Rick Isham, County Counsel, can draft a resolution exempting the contract so a purchase agreement can be made with Pape' Brothers, Inc. There was -s-ome further di-scussi6n -then- Commissi-oner Young suggested Mr. Isham prbc-eed with the contraet exemption. Mr. Isham will draft a resolution and present it at the Board meeting tomorrow. Discussion of John Andersen, Planning Director, was present to discuss Proposed this. He stated that the present comprehensive plan Amendments to contains a policy on rimrock setbacks. The policy Comprehensive results in an ordinance requirement that along the rimrock Plan and no structures be visible from the river measured from the Zoning Ordi- high water mark on the opposite side of the river. nance regard- Mr. Andersen noted that on the part of the Planning ing Rimrock Department this restriction is difficult to enforce and Setbacks possibly more stringent than necessary. He said the Planning Commission has reviewed the proposed change and is= recommending to the Board of Commissioners that this proposal be accepted and be referred on to LCDC for review. Mr. Andersen indicated there had not been a definition for rimrock previously but had now created one being: rock or rocks on the rim forming a natural and unusually precipitice boundary of an elevated landform, an increase in elevation of at least 60 feet within 650 feet of the mean high water mark of the Crooked or Deschutes Fiver as measured from the side of the river nearest the rimrock. Page 3 of 6 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 9 and 10, 1982 - Regular Meeting Mr. Andersen read the proposed amendments to the Board which included provisions for the structure and surrounding landscape with particular concern being given to protecting the visual aspects of the area. He stated that the Planning Commission is proposing that there be a balance of private property rights and public needs to maintain the visual aspects of the rivers. There were some comments from others attending the meeting. Don Fisher asked how the Planning Department proposed to do the on-site view without trespassing. Mr. Andersen replied that if it would be necessary to perform a duty the inspector would have to trespass. Lloyd Satterly wondered why it is important to hide the homes from the river. He asked if this change is to the rimrock area what about places where there is no rimrock. Chairman Shepard said that if there were a row of structures on the rimrock that might distort the view from the river. He noted that these proposed amendments are a modification and easing of the present restrictions. Dave Jaqua, a Redmond attorney, stated that the reason the proposed amendments were put together as they were was because the current ordinance is totally prohibitive. Jerry Curl asked if this would affect rimrock property that can be viewed from a landscape management highway. Mr. Andersen stated that it was pretty discretionary with the Planning Department. He noted that in the Landscape Management Zone a person can build where it is visible. Mr. Curl also asked where the median high water mark is. Mr. Andersen said right now it is about as high as the water gets. There was a little more discussion about potential problem areas with the setback limits. Chairman Shepard noted that any decision should be delayed until tomorrow's meeting until Commissioner Paulson is present. Request for Chairman Shepard read a letter from Jeff Faller of Bend Permit to Cut requesting a permit to cut one dead tree that is on Firewood on county land. Rick Isham, County Counsel, noted that County Land Mr. Faller would need a permit to haul the wood on the highway. He suggested that a modified permit could be written. Commissioner Young stated that the Board would issue a modified permit within reason and send it to Mr. Faller. Page 4 of 6 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 9 and 10, 1952 - Regular Meeting Ad Hoc Awbrey Rick Isham, County Counsel, presented this to the Board. Butte Lease He indicated that he had met with the Ad Hoc Awbrey Butte Committee Lease Committee. The--members of the committee are all Items commercial users and are asking the Board to consider $3,000 in the Land Sales Fund for maintenance of the Awbrey Butte Road. Mr. Isham noted that that amount has been proposed in the Land Sales budget. He stated that the committee members would like development of policies for management and use of the Awbrey Butte lease site. Mr. Isham noted that the committee's main concern is the request by Oregon Educational & Public Broadcasting System to put their VHF antenna on the site, and that frequency being similar to other frequencies being used at that site. Mr. Isham stated that Mr. Oberdorfer of Western Radio Service indicated that some users are paying too much for use of the site, but commercial users are not paying enough. Mr. Isham noted that Mr. Oberdorfer stated that the committee members would like the continuation of the advisory committee on a more formal basis. There was some discussion as to who actually owned the road in question. Chairman Shepard noted that the county uses the road to some extent and should participate in the maintenance of the road. He also noted that a good share of the use of the road is by private enterprise. Chairman Shepard suggested that perhaps the rates could be adjusted to allow for the cost of maintaining the road. Mr. Isham stated that there has been no attempt to distinguish types of use. He noted that lease rates are all different. Chairman Shepard suggested that the committee be formalized. MOTION: SHEPARD moved that the Board make this committee a formal standing committee on the Awbrey Butte lease situation, that they be asked to present to the Board an equitable plan for the operation and continuance of the leases. Mr. Isham stated that because of all leases terminating at different dates a date be picked in the future and give the leaseholders additional years lease holds in exchange for reasonable regulations. YOUNG: SECOND VOTE: SHEPARD: AYE YOUNG: AYE Commissioner Young suggested that Mr. Isham get the names of the committee members and have them come to a Board meeting to be formally appointed. For Signature: Rick Isham, County Counsel, noted that the LaPine Development Community Church wants to go ahead with construction Plan Agreement of the parking lot and landscaping. for Site Plans MOTION: YOUNG moved that the Board approve and sign for Community the Development Plan Agreement for Site Plans Church in for the Community Church in LaPine. LaPine SHEPARD: Second VOTE: SHEPARD: AYE YOUNG: AYE page 5 of 6 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 9 and 10, 1982 - Regular Meeting For Signature: Before the Board was one request for refund in the Request for amount of $40 for United Building and Design, Sunriver Refund Mall. The Board approved the request. Consideration Jim Morrison, with the firm of Kraus and Dalke of Redmond, of Extension came before the Board with his request for a waiver of the for Plat $250 fee for plat extension. Because of a delay by the DEQ, Mr. Morrison noted that he will have to file for a 90-day plat extension. He requested that since the delay was not the fault of the developer but a DEQI)tequirement for a sewage facilities report the $250 fee be waived. Chairman Shepard asked Mr. Morrison if this had been discussed with the Planning Director. Mr. Morrison indicated he had only briefly talked with him. Chairman Shepard noted that the decision should be delayed until tomorrow's meeting when John Andersen, Planning Director, can be present. He also said it is normally the policy of the Board not to waive fees without the approval of the department head. For Signature: Craig Smith presented this to the Board for their approval MP-81-84, and signature. Henry Jinings MOTION: YOUNG moved to approve MP-81-84, Henry Jinings. SHEPARD: Second VOTE: SHEPARD: AYE YOUNG: AYE The meeting was recessed until 10:00 a.m. tomorrow, Wednesday, March 10. DESCHUTES5. COUNT-X BOARD W COMMISSIONERS eDara. unavrman ert C. Paulson, Jr., Cono.i one A b rt A. Young, C fission /by Page 6 of 6