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1995-32389-Minutes for Meeting August 23,1995 Recorded 9/14/199595-32389 MINUTES 0147-1��5 95 vETI 11-1 SIM 8: 26 DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, August 23, 1995 #', , ��..v 10 D Chair Slaughter called the Board of County Commissioners meeting to order at 10:02 a.m. County Commissioners present were Barry H. Slaughter and Robert L. Nipper. Also in attendance were Paul Blikstad, Planner; Mike Maier, County Administrator; Brad Chalfant, Property Manager; Rick Isham, Legal Counsel; Bruce White, Assistant County Counsel; Brian Harrington, Planner; and Sue Stoneman, Community Relations Specialist. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) award of Contract for the overlaying of Powell Butte Highway; 2) signature of Agreement with COAST for distribution of Ryan White Funds; 3) signature of Grant Agreement with COAST for AIDS Education; 4) signature of letter of support for Grant for the Local Association of Retarded Citizens; 5) approval of out-of-state travel request for Julie Dotson, Carol Tamarkin, and Jean Tonsfeldt; 6) signature of Resolution No. 95-118, increasing petty cash amount for Deschutes County Library; 7) signature of Addendum to Intergovernmental Agreement with State of Oregon Department of Corrections; 8) signature of Conservation Easement as a condition of approval for Ren & Sheri Roper; 9) signature of Conditions of Approval Agreement required as part of SP -93-13 for Swift & McCormick Metal Processing; 10) signature of Order No. 95-132, reinstating Local Improvement District Lien on Tax Lot 16-10- 01-2900; 11) signature of Liquor License Renewals for Sunriver Chowder House, RJB's Restaurant & Sports Lounge, Hook, Wine & Cheddar, Baja Norte, Rock Springs Guest Ranch Ltd., Sunriver Market Place, Sunriver Country Store, Lucky's Tavern, American Legion Post #45; and 12) signature of mylar for Higher Ground Subdivision. NIPPER: I move approval of the consent agenda items #1 - 12. SLAUGHTER: I will second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES ;l:iCROFILMED P_ SE? �, 71995 KEY ED SE 41995 2. 0147-1030 PUBLIC HEARING: ON AUTHORIZATION OF EXCHANGE OF REAL PROPERTY WITH GOKEY AND SIGNATURE OF ORDER NO. 95-133, PROVIDING EXCHANGE OF REAL PROPERTY Before the Board was a public hearing on the authorization of exchange of real property with Gokey and signature of Order No. 95-133, providing exchange of real property. Brad Chalfant reported this was for property located on Hill Street which Deschutes County wanted to acquire. He reported the owner of the property needed to be cashed out and then the exchange could be done. Brad reported appraisals had been done and the County property had a value of $57,000. The property on Empire had a $25,000 value. He also stated that a signature of a correction deed was needed. Barry Slaughter opened the public hearing. There being no testimony, the public hearing was closed. NIPPER: I will move signature of Order No. 95-133, providing for the exchange of real property. SLAUGHTER: I will second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES NIPPER: I move signature of Correction Deed ODOT 6142- 558-1A-22-17. SLAUGHTER: I will second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES 3. PUBLIC HEARING: ON A PLAN AMENDMENT AND ZONE CHANGE TO AMEND THE PLAN DESIGNATION FROM RS, URBAN STANDARD DENSITY RESIDENTIAL, TO UAR-10, URBAN AREA RESERVE, IN THE BROKEN TOP DEVELOPMENT AND SIGNATURE OF ORDINANCE NO. 95-060, AMENDING ORDINANCE NO. 80-216, THE BEND AREA GENERAL PLAN AND ORDINANCE NO. 95-061, AMENDING TITLE 19 OF THE DESCHUTES COUNTY CODE Before the Board was a public hearing on a plan amendment and zone change to amend the plan designation from RS, Urban Standard Density Residential, to UAR-10, Urban Area Reserve, in the Broken Top Development, signature of Ordinance No. 95- 060, amending Ordinance No. 80-216, the Bend Area General Plan, and signature of Ordinance No. 95-061, amending Title 19 of the Deschutes County Code. MINUTES PAGE 2 AUGUST 23, 1995 ®147-191 Paul Blikstad reported this was a request to amend the Urban Growth Boundary for Bend for an even exchange of land within and outside the Urban Growth Boundary. He reviewed the applicable criteria with the Board. Barry Slaughter opened the public hearing. There being no testimony, the public hearing was closed. NIPPER: I move first and second reading of Ordinance No. 95-060, by title only. SLAUGHTER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-060 by title only. NIPPER: I will move approval of Ordinance No. 95-060. SLAUGHTER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES NIPPER: I will move first and second reading of Ordinance No. 95-061, by title only. SLAUGHTER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-061, by title only. NIPPER: I'll move approval of Ordinance No. 95-061. SLAUGHTER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES MINUTES PAGE 3 AUGUST 23, 1995 014'7-1938 4. DECISION OF HEARING APPEAL OF HEARINGS OFFICER'S DECISION OF DENIAL OF FILE TP -94-837/V-95-3 Before the Board was a decision of hearing appeal of Hearings Officer's decision of denial of TP -94-837/V-95-3. Brian Harrington requested Signature of Order No. 95-134, denial of review of File TP -94-837/V-95-3. This was a request from Central Oregon Builders, Inc. for a 70 -lot subdivision. NIPPER: I move signature of Order No. 95-134, denying hearing this appeal based upon the fact that the roadways are totally inadequate. SLAUGHTER: I will second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES 5. ADOPTION OF ORDINANCES NO. 95-056 AND 95-057, FOR A PLAN AMENDMENT AND ZONE CHANGE FROM RL, URBAN LOW DENSITY, TO RS, URBAN STANDARD RESIDENTIAL Before the Board was adoption of Ordinances No. 95-056 and 95- 057, for a Plan Amendment and Zone Change from RL, Urban Low Density, to RS, Urban Standard Residential. Paul Blikstad reported this was not a public hearing. The public hearing was originally scheduled for June 6, 1995. The hearing was rescheduled and held on July 18th. This property was on the corner of Morningstar and 18th Street. NIPPER: I move first and second reading of Ordinance No. 95-056, by title only. SLAUGHTER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-056, by title only. NIPPER: I move adoption. SLAUGHTER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES MINUTES PAGE 4 AUGUST 23, 1995 014'7-1939 NIPPER: I move first and second reading of Ordinance No. 95-057, by title only. SLAUGHTER: I will second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-057, by title only. NIPPER: I move adoption. SLAUGHTER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES 6. ADOPTION OF ORDINANCE NO. 95-055, AMENDING CHAPTER 12.48 OF THE DESCHUTES COUNTY CODE REGARDING ASSESSMENTS FOR LOCAL IMPROVEMENTS Before the Board was adoption of Ordinance No. 95-055, amending Chapter 12.48 of the Deschutes County Code regarding assessments for Local Improvement Districts. Bruce White reported this ordinance was for housekeeping to reinstated a lien on a property which had been released in error. NIPPER: I move first and second reading of Ordinance No. 95-055, amending Chapter 12.48 of the Deschutes County Code regarding assessment for local improvements, by title only. SLAUGHTER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES Chair Slaughter performed the first and second reading by title only of Ordinance No. 95-055. NIPPER: I move approval of Ordinance No. 95-055. SLAUGHTER: I will second that. MINUTES PAGE 5 AUGUST 23, 1995 VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES NIPPER: I move signature of Order No. 95-132, reinstating local improvement district lien on tax lot 16-10-01-2900. SLAUGHTER: I will second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES 7. APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $369,360.37. NIPPER: I move approval of the weekly accounts payable vouchers subject to review. SLAUGHTER: I second that. VOTE: SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES 8. SIGNATURE OF RESOLUTION NO 95-120, APPOINTING DAVE MALKIN,_ DARRELL DAVIDSON, MIKE DUGAN, STEPHEN TIKTIN, DICK FORCUM,_ DENNIS MALONEY, ROLAND GANGSTEE, BOB NIPPER, BRAD MULVIHILL, FRANK MOORE, CAL KROSCH, DENNIS HANIFORD, BARBARA WARREN,_RON NELSON, AND ERNIE MAZOROL TO THE DESCHUTES COUNTY PUBLIC SAFETY COORDINATING COUNCIL Before the Board was signature of Resolution No. 95-120, appointing Dave Malkin, Darrell Davidson, Mike Dugan, Stephen Tiktin, Dick Forcum, Dennis Maloney, Roland Gangstee, Bob Nipper, Brad Mulvihill, Frank Moore, Cal Krosch, Dennis Haniford, Barbara Warren, Ron Nelson, and Ernie Mazorol to the Deschutes County Public Safety Coordinating Council. NIPPER: SLAUGHTER: VOTE: I move signature of Resolution No. 95-120. I will second that. SLAUGHTER: YES SCHLANGEN: EXCUSED NIPPER: YES MINUTES PAGE 6 AUGUST 23, 1995 DATED this 25 day of 1995, by the Board of Commissioners of Deschutes Gbunty, Oregon. ATTEST: Recording Secr tart' Barry H. Slaughter, Chairman Nancy Pope Schlangen, Commissioner Rob t L. Nipper, Comm' sioner MINUTES PAGE 7 AUGUST 23, 1995