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2007-1239-Minutes for Meeting August 10,1982 Recorded 6/21/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOS CJ 2007.1739 COMMISSIONERS' JOURNAL 111111/111 loll i,,..,~011, 1011 nil 06/21/2007 08;55;47 AM 2007-3239 Do not remove this page from original document. Deschutes County Clerk Certificate Page C i 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 AUGUST 10, 1982 - REGULAR MEETING Chairman Shepard called the meeting to order at 10:00 A.M. Commissioner Paulson and Commissioner Young were also present. Amendments to Rick Isham, County Counsel, asked that a Discussion re- the Agenda garding Fisher Redemption of Tax Foreclosed Property be added to the agenda. Hearing no objections, Chairman Shepard added this item to the agenda. Discussion Mr. Isham explained that this was part of the North Cor- and possible ridor Traffic Study. He pointed out on a map the area signature of in question. He stated that the Bend Urban Area Plan- Ordinance #82- ning Commission had recommended that this be zoned Light 032 Amending Industrial, however staff had recommended that the plan PL-10 allow a flexible zoning to include general industrial, light industrial or highway commercial, but the zoning map would remain as General Industrial. When the hear- ing notice went out it reflected the staff recommenda- tion for both the first and second hearing. At this hearing Mr. Boyd, one of the property owners, testified that he was in favor of the proposed ordinance for flex- ible zoning. The land owners in the affected area are Mr. Boyd and Mr. Pozzi. Craig Smith, Planning Depart- ment, stated that this changes only the plan and not the zoning map. He explained that this gives the flexibil- ity in the plan to allow for a zone change, and that in order to have a zone change in the affected area one would have to apply for a zone change but not a plan amendment. There was some further discussion, in which it was noted that this would still remain zoned general industrial unless a zone change were applied for. Mr. Isham noted that the Board should adopt findings ind- icating their reason for allowing flexible zoning rather than Light Industrial zoning as the Bend Urban Area Planning had recommended. Commissioner Paulson asked Mr. Isham to draft such findings for the Board's adoption. Mr. Isham stated that he would have these ready for the Board at tomorrow's meeting. Discussion re- Vince Genna, Director of Bend Metro Parks and Recreation garding County District, was present to discuss this. He outlined what Lands with parcels of County property BMP&R were interested in ac- Vince Genna quiring, and identified them as Canal Park (located near the Forest Service Nursery), Big Sky II (proposed for use a public golf course eventually), Eastgate (located East of Bend on Highway 20), and Gosney (located on Gos- ney Road). Commissioner Paulson had also outlined on a map additional lands of value to BMP&R for access and wildlife habitat which were located adjacent to County lands that BMP&R were interested in obtaining. Mr. Genna had taken the Board on a tour of these properties AUGUST 10, 1982 MINUTES: PAGE 1 the week before and was now requesting that the Board grant BMP&R a transfer of these properties to them. He also explained that it is their intention to keep this land for future park use to be maintained in its natural state as opposed to a groomed city park. Chairman Shepard expressed concern about transfering away from the County all of its lands. Commissioner Paulson bought in material indicating how much land the County does have. Mr. Isham stated that after these proposed transfers, the County would still own approximately 11,000 acres. There was some further general discus- sion. MOTION: PAULSON moved that the Board instruct County Counsel to proceed with the transfer of the County lands to Bend Metro Parks and Recreation District; the lands that Vince Genna refers to as Canal Park, Big Sky II, Eastgate and Gosney and that Gosney be expanded to include the land described as Township 18, Range 13, Section 7, taxlots 100 and 600. YOUNG: SECOND. It was noted that BMP&R will provide the county with the legal descriptions of these parcels. Commissioner Paul- son noted that in T18-R13-S7 there is a privately owned 40-acre parcel in that same half section. He suggested that because the County owns the adjoining half section, the County propose a trade for 40 acres of the County land for the private land, which would allow BMP&R to also receive that additional 40-acre parcel which abuts the land to be donated. Mr. Genna said that he would research this. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. At this time Mr. Genna expressed his appreciation to the Board for their foresight in negotiating this transfer. Lease between Neil Hudson, Director of Public Works, explained that the County and this agreement was a lease to the City of Bend of the City for (1) Count y's self-propelled striping machine, but that he self-propelled would like to have language added to the contract which striping would provide that the City would provide the County machine with the use of the machine and the operator at cost when the County needed to have a striping job done. Mr. Isham stated that he would amend the agreement to pro- vide for this. MOTIO N: YOUNG moved that the Board enter into a lease agreement on the self-propelled striping mach- ine with the City of Bend as modified. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Chairman Shepard noted that the Board had received noti- AUGUST 10, 1982 MINUTES: PAGE 2 t fication from the Bend Fire Marshal that a lot owned by the County located on the southwest corner of Bond and Florida needed to be cleared of weeds and grass as it posed a fire hazard. The City has agreed to do this. Fisher Redem- Mr. Isham explained that a gentleman named Mr. Glover emption dis- had been to his office in regard to redemption of a tax cussion foreclosed parcel of property. He stated that there are several problems with this redemption because the owner of record has died and according to the statute only the owner of record is eligible to redeem the property. He stated that there were also some other problems in regard to a partition that was filed for in 1977 but never received final approval. He stated that the Fishers' had sold parcels of property by deed only, and the required procedures may not have been followed. Mr. Glover had explained that the lot that was foreclosed on should have been carried by the Assessor in the name of Earl Fisher, but it had been carried in the name of Anabelle Fisher, who died in 1966. Because the property was never transferred to another name after Mrs. Fisher's death, there is no one authorized to redeem this property. Mr. Isham also indicated that the Fisher's are not willing to pay the County redemption fee, because they feel that the County was in error in having listed the property as being in Anabelle's name. Mr. Isham noted that the tax statement for Anabelle was the same address as Earl Fisher, so he must have re- ceived the tax statement, but may have disregarded it. Mr. Isham stated that the tax law places the total responsibility on the land owner, even if the county has made errors or failed to notify. Commissioner Paulson suggested that the property not be redeemed unless the Fisher's agree to pay the County's cost involved. If they agree to do so, then the County could proceed with researching this. It was the concensus of the Board to instruct Counsel to inform the Fisher's of this. OLCC License Before the Board were several OLCC Liquor License Renew- Renewals al applications. The first was for 7-11 food store on So. Highway 97. MOTION: YOUNG moved to approve 7-11. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. AUGUST 10, 1982 MINUTES: PAGE 3 The next one was for Food Towne Market on South Highway 97. MOTION: PAULSON moved to approve. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE.. The next one was for Casa de Ricardo restaurant in Sunriver. MOTION: YOUNG moved to approve. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Addendum to Mr. Isham explained that this was for the Sheriff's sub- Lease Agree- station in Redmond. This agreement was exactly the same ment between as last year's except that this reflected an additional Frank Rencher charge of $3 per month for garbage service. and Deschutes MOTION: YOUNG moved to approve the addendum to the County lease agreement. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Order #82- Mr. Isham explained that this is not in the budget, but 276, Estab- in going through the Treasurer's books found an entry of lishing 911 funds for this program, so he felt that it would be ap- Grant Fund and propriate to establish this fund and make appropriat- Resolution ions. He noted that it is anticipated that expenditures making Approp- for this program will begin this year. He also noted riations that this money was for the City and the County, but no cooperative agreement between the City and the County had yet been developed. Chairman Shepard stated that these funds came from a tax on telephone bills. MOTION: YOUNG moved to approve Order #82-276 estab- lishing the 911 Grant Fund. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MOTION: YOUNG moved to approve Resolution #82-043 which appropriates the money. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Requests for Before the Board were two requests for refund. The Refund first was for James Frazee in the amount of $20.00. The Board approved the request. The second was for Richard Shindler in the amount of $45. There was a question in regard to why the refund was being issued, AUGUST 10, 1982 MINUTES: PAGE 4 19 j so Commissioner Paulson agreed to investigate this request further. Being no further business at this time, Chairman Shepard recessed the meeting until the next day. DESCHUTES COUNTY BOARD OF COMMISSIONERS CLAY ~EPARD, CH IRMAN ROBERT C. PAULSON, JR., MISSIONER ALB ARTA. YOUNG, OMMISS ER /ss AUGUST 10, 1982 MINUTES: PAGE 5