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1997-12065-Minutes for Meeting January 15,1997 Recorded 4/10/199797-12065 TJ C) MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, January 15, 1997 Chair Nancy Pope Schlangen called the Board of County Commissioners meeting to order at 10:05 a.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda Swearingen. Also in attendance were Mike Maier, County Administrator; Tom Blust, County Engineer; Dave Leslie, Planner; Sue Stoneman, Community Relations Specialist; Rick Isham, County Counsel; Kevin Harrison, Planner; Paul Blikstad, Planner; and Heidi Kennedy, Planner. CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the 9-1-1 County Service District in the amount of $1,755.67. NIPPER: Move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of weekly accounts payable vouchers for the Bend Library County Service District in the amount of $94,287.77. NIPPER: Move approval subject to review. SWEARINGEN: Second. v SCHLANGEN: YES VOTE: NIPPER: YES SWEARINGEN: YES --,r' MINUTES 1 JANUARY 15, 1997 A. R 199 3. 4. 5. 0156-2680 RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) approval of out-of-state travel for C.J. Anderson to attend National Conference on Child Abuse; 2) reappointment of John Johnston to Special Road District #8 Board of Directors; 3) reappointment of Mike Swope to Special Road District #6 Board of Directors; and 4) signature of Final Plat for MP -96- 37, two parcels in EFU-TRB Zone, off of Terry Drive. NIPPER: I'll move approval of consent agenda items. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF FINAL PLAT FOR CANOE CAMP SUBDIVISION AT C'ROSSWATERS Before the Board was signature of a final plat for Canoe Camp Subdivision at Crosswaters. Dave Leslie requested the Board approve this item subject to review. He felt the plat should be ready for final signature by Friday. NIPPER: I will move signature of Final Plat for Canoe Camp at Crosswaters subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF DEDICATION OF PROVIDENCE DRIVE EXTENDING ROAD FROM PROVIDENCE SUBDIVISION TO HIGHWAY 20 Before the Board was signature of a dedication of Providence Drive extending the road from Providence Subdivision to Highway 20. Tom Blust reported this was for a road right-of-way. Rick Isham reported the signature of the plat was in process but not completed as of 10 a.m. this morning. He stated the MINUTES 2 JANUARY 151 1997 0156-2681. County agreement with the City was that we would approve the dedication upon receiving the signed plat from the City. It was being signed and it has been at the City, but we have not yet received it. Commissioner Nipper asked if this was a road dedication within the County. Tom Blust reported this was within the city. He reported the road would be a city street. NIPPER: I'll move signature of dedication of Providence Drive extending road from Providence Subdivision to Highway 20 subject to receiving the signed plat from the City of Bend. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 6. SIGNATURE OF CONTRACT WITH COCAAN FOR DEVELOPMENT OF REGIONAL INFORMATION AND REFERRAL NETWORK FOR THE CENTRAL OREGON COUNTIES Before the Board was signature of a contract with COCAAN for development of Regional and Referral Network for the Central Oregon Counties. SWEARINGEN: I move approval of signature of contract with COCAAN for the Development of Regional Information and Referral Network for the Central Oregon Counties. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 7. SIGNATURE OF CONTRACT WITH FRED GAST, ARCHITECT TO DESIGN THE SUNRIVER BRANCH OF DESCHUTES COUNTY LIBRARY Before the Board was signature of a contract with Fred Gast, Architect, to design the Sunriver Branch of Deschutes County Library. Rick Isham reported the contract was not ready yet. The scope of work looked appropriate. This will be scheduled for January 22, 1997 at 10 a.m. MINUTES 3 JANUARY 15, 1997 8. SIGNATURE OF RESOLUTION NO 97-007, APPROPRIATING NEW GRANT FUNDS WITHIN 1996/97 DESCHUTES COUNTY BUDGET AND TRANSFERRING APPROPRIATIONS WITHIN THE HEALTH DEPARTMENT Before the Board was signature of Resolution No. 97-007, appropriating new grant funds within the 1996/97 Deschutes County Budget and transferring appropriations within the Health Department. NIPPER: I'll move signature of Resolution No. 97-007, appropriating new grants funds within the 1996/97 Deschutes County Budget and transferring appropriations within the Health Department. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 9. SIGNATURE OF RESOLUTION NO 97-008 TRANSFERRING APPROPRIATIONS WITHIN VARIOUS FUNDS OF THE 1996/97 DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 97-008, transferring appropriations within various funds of the 1996/97 Deschutes County Budget. SWEARINGEN: I'll move approval of signature of Resolution No.97-008 transferring appropriations within various funds of the 1996/97 Deschutes County budget. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 10. SIGNATURE OF ORDER NO 97-015, PROVIDING FOR THE SALE OF CERTAIN TAX FORECLOSED REAL PROPERTY AND SIGNATURE OF BARGAIN & SALE DEED Before the Board was signature of Order No. 97-015, providing for the sale of certain tax foreclosed real property and signature of Bargain & Sale Deed. Rick Isham stated this was a piece of property that was in tax foreclosure and mortgage foreclosure at the same time. When the County took the tax foreclosure deed, they were the owner of record. MINUTES 4 JANUARY 15, 1997 v-83 NIPPER: I'll move of signature of Order No. 97-015, providing for the sale of certain tax foreclosed real property and signature of bargain & sale deed. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 11. SIGNATURE OF COVER LETTER DETAILING RECENT CHANGES TO TITLE 22, PROCEDURES ORDINANCE Before the Board was signature of a cover letter detailing recent changes to Title 22, Procedures Ordinance. SWEARINGEN: I'll move signature of cover letter detailing recent changes to Title 22, Procedures Ordinance. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. SIGNATURE OF MYLAR FOR MASON ESTATES SUBDIVISION LOCATED NORTH OF HIGHWAY 20 AND LAND SYSTEMS NURSERY, DIRECTLY SOUTH OF PROVIDENCE SUBDIVISION Before the Board was signature of a mylar for Mason Estates Subdivision located North of Highway 20 and Land Systems Nursery, directly South of Providence Subdivision. NIPPER: I'll move signature of mylar for Mason Estates Subdivision subject to receiving signed plat. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 13. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $678,281.85. NIPPER: I'll move approval subject to review. SWEARINGEN: Second. MINUTES 5 JANUARY 15, 1997 � u o -AW- V VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 14. DECISION OF WHETHER TO HEAR APPEAL OF TP -96-871, SMA -96-36, A TENTATIVE PLAT FOR 8 LOTS ON 15 -ACRES IN AN RSR -5 ZONE IN TUMALO Before the Board was a decision of whether to hear an appeal of TP -96-871, SMA -96-36, a tentative plat for 8 lots on 15 - acres in an RSR -5 Zone in Tumalo. Paul Blikstad reported this was a decision of whether to hear an appeal of a proposed 8 -lot subdivision near Tumalo in the Tumalo Rural Service Center. Paul stated this matter was heard before the Hearings officer in 1996. The Hearings Officer's decision for approval was rendered on January 2, 1997. The two issues that the opponents brought out was what was the correct interpretation of the comprehensive plan with respect to Tumalo. Paul read from the policy which stated the higher density residential area shall be in close proximity to the commercial area while the lower density will be on the fringes of the community. The second issue was which standard under section 18.72.050 should apply in this instance. He felt the original version would apply. Bruce White stated there were some internal interpretation which led staff to believe it was proper to apply subsection B rather subsection C as the opponent suggested was the appropriate standard. Paul Blikstad felt there was a clerical error and a line was left out as far back as 1979 in printing the ordinance. The corrected version was how he felt the ordinance should be written. Paul Blikstad reported they were running into the 120 day problem which falls on February 6, 1997. He stated staff recommended the Board hear this issue on the record. He felt if he could get notice out today or tomorrow, leave 10 days for additional written comments, and this would be taken under consideration with a written decision the following week. Bruce White stated if this was heard on the record, the Board would have to determine whether they agreed or disagreed with the hearings officer. NIPPER: I'll move that 871, SMA -96-36, 15 -acres in an record, limited in the order. MINUTES 6 JANUARY 15, 1997 we hear the appeal of TP -96- a tentative plat for 8 Lots on RSR -5 zone in Tumalo on the to the two criteria as set out SWEARINGEN: VOTE: Second SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 15. SIGNATURE ON MP -96-29 A FINAL PLAT FOR CHUCK LOW LOCATED AT 20350 STURGEON ROAD Before the Board was signature of MP -96-29 a final plat for Chuck Low located at 20350 Sturgeon Road. Heidi Kennedy reported the property was located off of Cline Falls Road. She stated this was a partition for a nonfarm dwelling. The original piece was 30 -acres with 25 -acres of water rights. This would partition off 3 -acres which are on the rock outcropping. NIPPER: I'm going to move signature of MP -96-29, final plat for Chuck Low located at 20350 Sturgeon Road. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 16. SIGNATURE OF ORDER NO 97-007, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 97-007, authorizing the refund of taxes. NIPPER: I'll move signature of Order No. 97-007. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 17. SIGNATURE OF LIQUOR LICENSE APPLICATION FOR LA BURRITA MINI MARKET & DELI Before the Board was signature of a liquor license application for La Burrita Mini Market & Deli in Terrebonne. SWEARINGEN: NIPPER: MINUTES 7 I move approval of signature of Liquor License application for La Burrita Mini Market & Deli. Second. JANUARY 15, 1997 18. 19 . VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES TURE OF THE EAGLE CREST OVERPASS AGREEMENT Before the Board was signature of the Eagle Crest/Oregon Department of Transportation Overpass Agreement for Highway 126. Rick Isham discussed the Eagle Crest overpass agreement. There had been four drafts of that agreement. Rick would be meeting today to go over the agreement. He stated Eagle Crest would like the County to approve that as soon as possible subject to review. SWEARINGEN: Eagle Crest/ODOT overpass agreement subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES APPROVED A REQUEST FOR STEP INCREASE OF A PUBLIC SAFETY COUNCIL COORDINATOR SUPPORT STAFF Before the Board was a request for approval of a step increase for a Public Safety Council Coordinator Support Staff person. Mike Maier reported he had authority to approve a person starting up to the third step. Scott Johnson was recommending the fifth step because of the qualifications of the employee, but it would require Board approval. Mike stated the increase to the fifth step would 8% which would be from about $14.00 per hour to $15.00. NIPPER: SWEARINGEN: VOTE: I would move approval that position being at Step 5. Second SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 8 JANUARY 15, 1997 DATED this 15th day of January, 1997, by the Deschutes County Board of Commissioners. P! langen, Chair Robort L. Nipper, Coltui§sioner ATTEST: Z Recording Secr tart' 4i&nda L. Swearin n, Commissioner MINUTES 9 JANUARY 15, 1997