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1997-14220-Minutes for Meeting February 05,1997 Recorded 4/24/1997r aA•.v MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, February 5, 1997 Chair Nancy Pope Schlangen called the Board of County Commissioners Meeting to order at 10:03 a.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Brad Chalfant, Property Manager; George Read, Community Development Director; Bruce White, Assistant County Counsel; Rick Isham, County Counsel; Mike Maier, County Administrator; Sue Stoneman, Community Relations Specialist; Dave Leslie, Planner; and Susan Mayea, Management Analyst. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for 4-H/Extension County Service District in the amount of $2,913.84. SWEARINGEN: I'll move approval of weekly accounts payable vouchers for 4-H/Extension County Service District upon review. SCE`; ,ij ;_<. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. 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 9-1-1 County Service District in the amount of $8,770.23. NIPPER: I'll move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 1 FEBRUARY 5, 1997 3. 4. 5. CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR REDMOND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Redmond Library County Service District in the amount of $5,000.00. SWEARINGEN: I move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for Bend Library County Service District in the amount of $780.99. NIPPER: Move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Joint Operating & Financial Plan for reimbursable services requested by the Deschutes National Forest; 2) approval of out-of-state travel for Greg Brown and Jon Sholes for delivery of Motorola equipment; 3) approval of out-of-state travel for Bill Kauffman to attend RTS Training on February 24-27, 1997, in California; 4) signature of Final Partition Plat MP -96-28 for two lots at 224 S.E. Craven Road, in the RS Zone, for Rhoads; 5) authorization for Eric Swansen and/or George Read to sign Change Order #2 for additional rock removal and data conduit installation for Administration Building No. 2; and 6) acceptance of Declaration of Dedication from George Russell relating to vacating a portion of 19th Street in Terrebonne. MINUTES 2 FEBRUARY 5, 1997 0 / bo 0 76 5 SWEARINGEN: I move approval of the consent agenda. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 6. PUBLIC HEARING ON ORDINANCE NO 97-007 TEXT AMENDMENT TA -97- 1 AMENDING TITLE 18,. SUPPLEMENTARY PROVISIONS, OF THE DESCHUTES COUNTY CODE, CREATING OUTRIGHT AND PERMITTED STANDARDS FOR CONDUCTING FILMING AND ACTIVITIES ACCESSORY TO FILMING THROUGHOUT DESCHUTES COUNTY Before the Board was a public hearing on Ordinance No. 97-007, text amendment TA -97-1, amending Title 18, Supplementary Provisions, of the Deschutes County Code, creating outright and permitted standards for conducting filming and activities accessory to filming throughout Deschutes County. George Read reported this was to regulate filming activities and to clarify if they are allowed at all. He stated notice had been published. This was a legislative action. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. NIPPER: I'll move first and second ready of Ordinance No. 97-007, by title only. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-007, by title only. NIPPER: SWEARINGEN: VOTE: MINUTES 3 I'll move adoption of Ordinance No. 97-007. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES FEBRUARY 5, 1997 7. a PUBLIC HEARING ON A PROPOSED SUPPLEMENTAL BUDGET FOR DESCHUTES COUNTY HEALTHY START PRENATAL FUND Before the Board was a public hearing on a proposed supplemental budget for Deschutes County Healthy Start Prenatal Fund. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. SWEARINGEN: I move approval of Resolution No. 97-014. NIPPER: I'll second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF DEDICATION OF RIGHT-OF-WAY FROM PATRICIA ELLIOTT AND IMPROVEMENT AGREEMENT TO PROVIDE ACCESS Before the Board was signature of a Dedication of Right-of-way from Patricia Elliott and Improvement Agreement to provide access. Rick Isham requested the Board approve this item subject to review. SWEARINGEN: I move signature of dedication of right of way from Patricia Elliott and Improvement Agreement subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF ORDER NO 97-022, TRANSFERRING CASH WITHIN THE 1996/97 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 97-022, transferring cash within the 1996/97 Deschutes County Budget. NIPPER: I'll move signature of Order No. 97-022, transferring cash within the 1996/97 Deschutes County Budget. SWEARINGEN: Second. MINUTES 4 FEBRUARY 5, 1997 10. 11. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF FINAL DECISION ON APPEAL A-96-17 FOR DEBONS TO CONTINUE OPERATION OF A WINERY AT 22899 ALFALFA MARKET ROAD Before the Board was signature of a final decision on Appeal A-96-17 for Debons to continue the operation of a winery at 22899 Alfalfa Market Road. Bruce White stated the decision was before the Board. The permit had been initiated in a timely manner. NIPPER: I'm going to move signature of final decision on Appeal A-96-17 for Debons to continue operation of a winery at 22899 Alfalfa Market Road. SCHLANGEN: I second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: (Linda Swearingen was not a Commissioner at the time of this public hearing.) SIGNATURE OF FINAL PLAT FOR MOUNTAIN PEAKS, PHASE 3 & 4, 38 LOTS IN AN RS ZONE NEAR 27TH STREET IN THE CITY OF BEND Before the Board was signature of a final plat for Mountain Peaks, Phase 3 & 4, 38 -lots in an RS Zone near 27th Street in the City of Bend. Rick Isham stated this needed to be approved subject to review because there were two liens against the property which needed to be cleared. NIPPER: I will move signature of final plat for Mountain Peaks, Phase 3 & 4, 38 lots in an RS zone near 27th Street in the City of Bend, subject to the liens being cleared. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 5 FEBRUARY 5, 1997 12. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $388,894.84. SWEARINGEN: I move approval of the weekly accounts payable vouchers subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES J 13. APPROVAL OF REQUEST FOR TAYLOR GRAZING ACT FUNDS FOR ZX RANCH TO INSTALL CATTLE GUARD FOR PUBLIC ACCESS AND LNK RANCHES TO INSTALL A CATTLE GUARD, CHRISTIAN RADABAUGH Before the Board was a request for Taylor Grazing Act Funds for the ZX Ranch to install a cattle guard for public access and LNK Ranches to install a cattle guard. Park Johnstone reported there were two requests for Taylor Grazing Act Funds. LNK Ranch was requesting $3,540 for the placement of two cattle guards, one on Powell Butte Road and one on Alfalfa Market Road. ZX Ranch was requesting $3,836 for the placement of a cattle guard. This cattle guard was more expensive because of the cement required to handle the heavy traffic load on this road. NIPPER: I'm going to move approval of the Taylor Grazing Act Funds for ZX Ranch to a install cattle guard for public access and LNK Ranch's request for funds. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 14. ACCEPTANCE OF OFFER TO PURCHASE PROPERTY IN THE LA PINE INDUSTRIAL PARK Before the Board was acceptance of an offer to purchase property in the La Pine Industrial Park. Susan Mayea reported there was an offer to purchase a piece of property by La Pine Sand Blasting & Painting. The owners have moved from Portland to the La Pine area. They would have 4 jobs with the prospect of a total of 10 positions. They have been in business for about 4 years. MINUTES 6 FEBRUARY 51 1997 NIPPER: I move we reject the offer, make a counter offer on the selling of one parcel with the conditions which Brad Chalfant included. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Susan Mayea reported the Board had approved the sale of Lots 3 & 4 in the La Pine Industrial Park to Mr. Otteni, but he could not afford to get the lots. He was requesting to lease the property for $552 per month for 6 months, with the completion of that purchase in June, 1997. NIPPER: I'm going to move that we approve the lease of the subject property in the La Pine Industrial Park to Mr. Otteni. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 15. SIGNATURE OF RESOLUTION NO 97-023, DECLARING THE INTENT TO EXCHANGE REAL PROPERTY WITH JOHN C GILL (ROCK SPRINGS GUEST RANCH/WILT ROAD PROPERTY Before the Board was signture of Resolution No. 97-023, declaring the intent to exchange real property with John C. Gill (Rock Springs Guest Ranch/Wilt Road Property). Brad Chalfant reported this a proposed exchange of 80 acres the County owns and 80 acres the Gills own. He felt it was a good trade for the county and was part of a larger exchange which was being done with BLM. The hearing will be set for March 19, 1997. SWEARINGEN: NIPPER: VOTE: MINUTES 7 I move signature of Resolution No. 97-023. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES FEBRUARY 5, 1997 16. 17. SIGNATURE OF FINDINGS AND DECISION IN THE MATTER OF A-97-1 TUMALO RIDGE Before the Board was signature of the Findings and Decision in the matter of A-97-1, Tumalo Ridge. NIPPER: I'm going to move signature of Findings & Decision in the matter of A-97-1 for Tumalo Ridge. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF FINAL PLAT FOR BOULDER RIDGE, PHASE 1 22 -LOTS IN AN RS ZONE ON MORNINGSTAR DRIVE IN THE CITY OF BEND Before the Board was signature of a final plat for Boulder Ridge, Phase 1, 22 -lots in an RS Zone on Morningstar Drive in the City of Bend. NIPPER: I'll move signature of final plat for Boulder Ridge, Phase 1, 22 -lots in an RS Zone, on Morningstar Drive. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES APPROVAL OF THE AMENDMENT OF THE COOPERATIVE IMPROVEMENT AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION Before the Board was approval of an amendment to the Cooperative Improvement Agreement with Oregon Department of Transportation. NIPPER: SWEARINGEN: VOTE: I will move signature of the Amendment of the Cooperative Improvement Agreement. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 8 FEBRUARY 5, 1997 DATED this 5th day of February, 1997, by the Deschutes County Board of Commissioners. 4"', 11 A, :1 )" �-" , '/' /'� �/';' �; I IN A( AT T: Recording \Secre ary Nancy angen, Chair 7 --, Rob�r�t L. Nipper, Com is oner r L. Sw i en, Commissioner MINUTES 9 FEBRUARY 5, 1997