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1991-33096-Minutes for Meeting October 16,1991 Recorded 11/4/199191-321096 n ._.. MINUTESC fi} DESCHUTES COUNTY BOARD OF COMMISSIONERS �'rH October 16, 1991 0108 0054 Acting Chair Throop called the meeting to order at 10:05 a.m. Board members in attendance were Tom Throop and Nancy Pope Schlangen. Also present were Rick Isham, County Counsel; Bruce White, Assistant County Counsel; Paul Blikstad, Planner; Dale Van Valkenburg, Planner; Jana Snowball, 9-1-1 Director; and Tom Blust, County Engineer. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of MP -91-4 creating three lots (two of 10 acres and one 14.27 acres) in an MUA-10 Zone on Butler Market Road; #2, approval of Sentencing Order Procedure; #3, signature of Order 91-126 approving and confirming the sale of certain property acquired by Deschutes County and signature of Deeds; #4, signature of Indemnity Agreement for off-road motorcycle race on October 27 for The Lobos; #5, signature of Order 91-130 amending description and map of annexed area on Order 91-080, Fullhart annexation to RFPD #2; and #6, signature of Order 91-129 amending description and map of annexed area on Order 91-079, Farm/Moore annexation to RFPD #2. SCHLANGEN: I'll move approval of the consent agenda items 1-6. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused 2. PUBLIC HEARING: ORDINANCE 91-039 HISTORIC PRESERVATION INFRACTION PENALTIES Before the Board was a public hearing on Ordinance 91-039 which would amend the Deschutes County Code concerning historic preservation to designate certain violations as infractions and establishing penalties. The Board found that historical preservation furthered important community interests and values, and that alteration or demolition of historical landmarks in violation of the Deschutes County Code represented significant damage to the public interest. Such violators would be guilty of a "Class PAGE 1 MINUTES 10/16/91 KEtCHER MICnIl14fELs t,l�1991NOV � r 1�?1 �l1 3. A" infraction and could receive a maximum fine of five undred55 dollars. Acting Chair Throop opened the public hearing. There being no one who wished to testify, the public hearing was closed. SCHLANGEN: I will move first and second reading by title only of Ordinance 91-039. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused Acting Chair Throop performed the first and second readings of Ordinance 91-039. SCHLANGEN: Move adoption. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused PUBLIC HEARING: ORDER 91-099 VACATION OFF CASCADE AVENUE Before the Board was a public hearing on Order 91-099 regarding the vacation of a public right-of-way off Cascade Avenue. Tom Blust, County Engineer, said that on July 12, 1991, the Public Works Department received a petition from Peter White and Joey White, the owners of tax lots 2200, 2300 and 2500, requesting the vacation of a public right of way as designated in MJP 78-64 off Cascade Avenue in Sisters. There were no objections. The property proposed for vacation was owned by Deschutes County as a 20 -foot roadway easement and was not currently being utilized for roadway purposes. It appeared this property did not provide access to public lands, rivers, streams, or natural features. He felt the proposed vacation was in the public interest as it was no longer required for access due to a lot line adjustment. Acting Chair Throop opened the public hearing. There being no one who wished to testify, the public hearing was closed. SCHLANGEN: Move signature of Order 91-099. THROOP: I'll second the motion. PAGE 2 MINUTES 10/16/91 VOTE: THROOP: YES 0108 0056 SCHLANGEN: YES MAUDLIN: Excused 4. ACCEPTANCE OF SUNRIVER INCORPORATION PETITIONS Before the Board was acceptance of the Sunriver Incorporation Petitions. Rick Isham said the petitions had been verified by the County Clerk and were offered for filling. There was no impediment to initiating the process, setting the hearings, and making a decision on the petitions for incorporation. The Board had discussed accepting the petitions at this meeting and then scheduling a work session prior to setting the hearings. The process for setting the initial hearing was publication for two consecutive weeks plus posting a notice in the area proposed for incorporation. The hearing could be continued from time to time to deal with other issues that might be raised under the statute. THROOP: So we need a motion for acceptance of the petition and then also to set the work session to schedule the public hearing and that work session would be the 28th of October. SCHLANGEN: So move. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused The Board would discuss this issue at 11:00 a.m. at their regular work session on October 28. 5. MP -90-35 ON ERICKSON AND POWELL BUTTE HIGHWAY Before the Board was signature of MP -90-35 dividing a parcel on the corner of Erickson and Powell Butte Highway into two 19.8 acre parcels in an EFU-20 zone. SCHLANGEN: Move signature of MP -90-35. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused 6. MP -91-20 FOR THE CLARKS AND REDMOND SCHOOL DISTRICT Before the Board was signature of MP -90-20 creating three farm parcels of 55, 79 and 51 acres in an EFU-40 zone for David and Patricia Clark and the Redmond School District. PAGE 3 MINUTES 10/16/91 SCHLANGEN: Move signature of MP -91-20. 0108 005' THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused 7. WEEKLY WARRANT VOUCHERS Before the Board was weekly bills in the amount of $151,265.19. SCHLANGEN: Move approval upon review. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused 8. SUBDIVISION PLAT 90-746 FOR CLEAR VIEW ESTATES Before the Board was signature of a subdivision plat 90-746 for Clear View Estates, an 8 -lot subdivision adjacent to Ladera Road in an RL zone. Paul Blikstad said he had spoken with Larry Rice, Public Works Director, and Rick Isham regarding the fact that there were underlying mineral, oil and gas rights on this property that were reserved for private individuals. Staff did not feel this was a significant problem since the developer had been unable to find the people who had the reserve rights and had been unable to locate them. Commissioner Schlangen asked if these rights would appear on the title report of the lot/home purchaser. Rick Isham said it would be indicated on the title report. SCHLANGEN: Move signature of subdivision plat 90-746. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused Acting Chair Throop adjourned the meeting of the Deschutes County Board of Commissioners and convened the meeting as the Governing Body of the Deschutes County 9-1-1 County Service District. PAGE 4 MINUTES 10/16/91 0108 0058 9. AWARD OF BID FOR REMODELING AND AUTHORIZATION OF SIGNATURE OF CONTRACT Before the Board was award of the bid for the addition and remodeling of the 9-1-1 facility to the low bidder, Duane Francis Construction and authorization for signature of the contract. Jana Snowball said the construction should be completed sometime in January 1992. SCHLANGEN: So you need a motion to award the bid for the 9-1-1 addition and authorization of signature of the contract. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: Excused DESCHUT S COUNTY BOARD OF COMMISSIONERS xi - T m�tPo , Commissio er Nancy a ch an Commissi ner �eejw 6L., Dick Maudlin, Chairman BOCC:alb PAGE 5 MINUTES 10/16/91