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1997-40498-Minutes for Meeting August 13,1997 Recorded 10/23/199701Cto) -082:7 9'7--40495 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONEOCT 23 PN 1: 35 Wednesday, August 13, 1997. MARY SUE PENHOLLOW COUNTY CLERK Chair Nancy Pope Schlangen called the Board of County Commissioners meeting to order at 10:00 a.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Bruce White, Assistant County Counsel; Mike Maier, County Administrator; Ron Meckler, 9-1-1 Director; Paul Blikstad, Planner; George Goshert, Bend Library Service District Construction Manager; Damian Syrnyk, Planner; Patti Mecca, Property Management; George Read, Community Development Director; Susan Mayea, Management Analyst; Dave Leslie, Planner; Beverly Wilson, Legal Department; Michael Gaston, Librarian; and Sue Brewster, Assistant County Counsel. 1. VETERANS SERVICES PRESENTATION Mike Ward, Commander of Chapter 14 of the Disabled American Veterans, presented Pat Ross, Veterans Service Manager, with a plaque honoring her for her services. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 4- H/EXTENSION COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the 4-H/Extension County Service District in the amount of $1,187.61. SWEARINGEN: Move approval NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 3. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts for the 9-1-1 County Service District in the amount of $4,664.83. SWEARINGEN: Move approval. MINUTES 1 AUGUST 13, 1997 KEYPLACHED iAICROF�IL�MED 0 Ca T 1997 4. 5. T 0163-0828 NIPPER: Second. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: CONVENE AS THE GOVERNING BODY OF THE 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 the Bend Library County Service District in the amount of $124.224.22. SWEARINGEN: Move approval subject to review. NIPPER: I'll second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF DEVELOPMENT AGREEMENT BETWEEN BEND LIBRARY COUNTY SERVICE DISTRICT AND CITY OF BEND Before the Governing Body was signature of a Development Agreement between Bend Library County Service District and City of Bend. SWEARINGEN: I move signature of Development Agreement between Bend Library County Service District and City of Bend. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Sunriver Library County Service district in the amount of $419.37. NIPPER: I'll move approval. MINUTES 2 AUGUST 13, 1997 7. 0163-0829 SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF ORDER NO 97-131 DETERMINING THAT THE SERVICES FACILITY BE CONSTRUCTED Before the Governing Body was signature of Order No. 97-131, determining that the services facility be constructed. SWEARINGEN: I move signature of Order No. 97-131. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES George Riser reported there will be a groundbreaking ceremony on August 26, 1997, at noon. SIGNATURE OF CONTRACT BETWEEN SUNRIVER LIBRARY COUNTY SERVICE DISTRICT AND KEETON KING CONSTRUCTION Before the Governing Body was signature of a contract between Sunriver Library County Service District and Keeton King Construction. SWEARINGEN: I move signature of contract between Sunriver Library County Service District and Keeton King Construct subject to Legal Counsel review. NIPPER: VOTE: 9. CONSENT AGENDA: Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Consent agenda items before the Board of County Commissioners were: 1) signature of Awbrey Butte Transmission Site Sublease Assignment between McCaw Communications of the Mid -South dba Central Oregon Cellular and BMCT; 2) approval of out-of-state travel for Vera Deniz and Neil Bregenzer to Attend Child Support Conference in Montana; 3) signature of Personal Services Contract with Direct Consulting and approval of capital outlay expenditure for medical records MINUTES 3 AUGUST 13, 1997 0163r-0830 software/hardware; 4) award of Contract to Bend Aggregate & Paving for the North Pine Street reconstruction; 5) signature of Orders No. 97-109, 97-110, 97-111, and 97-112, authorizing the refund of taxes; 6) signature of Contract with Asset Valuation Services for inventory and appraisal Services; 7) signature of Liquor License Renewals of Lucky's Tavern, Hampton Station, Quail Run Golf Course, Dancin Boots - The Gourmet Cowboy Cafe, Rock Springs Guest Ranch, Twin Lakes Resort, Black Butte Ranch Pro Shop, Black Butte Ranch Lodge, Glaze Meadow Golf Snack Bar, Ivy's Tumalo Store, Moose Lodge #232, Wood Mark Bowl, Marcello's, Hook, Wine & Cheddar, Homestead Tavern, La Pine Inn; and 8) appointment of Norm Wiggins To Special Road District #1 Board of Directors. SWEARINGEN: I move approval of consent agenda items. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 10. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO 97-038 PROPOSED DESIGN REVIEW STANDARDS FOR TITLE 19 OF THE COUNTY CODE, THE BEND URBAN GROWTH BOUNDARY ZONING ORDINANCE Before the Board was a public hearing on adoption of Ordinance No. 97-038, proposed design review standards of Title 19 of the County Code, the Bend Urban Growth Boundary Zoning Ordinance. Paul Blikstad reported the ordinance was before the Board to coincide with the City of Bend's ordinance. Paul reported exhibit "D" page 2 of 3 needed to be corrected. This ordinance was drafted to eliminate the addition of any more big box stores. Bruce White asked about this applying to all exterior modifications including the change in color. Paul Blikstad stated this was to prohibit certain colors. Brad Emerson, Assistant Building Director for City of Bend, stated they requested people to bring in a paint chip for approval. Once a color was approved the building permit would be issued. Paul Blikstad stated there would be a notebook which included samples of approved colors. Chair Schlangen opened the public hearing. MINUTES 4 AUGUST 13, 1997 0163-C831 Fran Franklin testified in opposition to the colors being limited. Brad Emerson stated that the muted color was for the dominate color of the building. There being no further testimony, Chair Schlangen closed the public hearing. SWEARINGEN: I move first reading of Ordinance No. 97-038, with the above mentioned changes, by title only. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first reading of Ordinance No. 97-038, by title only. The second reading will be held in two weeks. 11. PUBLIC HEARING ON SIGNATURE OF ORDER NO 97-114, ANNEXATION OF WICKIUP JUNCTION INTO LA PINE SEWER DISTRICT AND SETTING A FINAL HEARING Before the Board was a public hearing on signature of Order No. 97-114, annexation of Wickiup Junction into La Pine Sewer District and setting a final hearing. Beverly Wilson reported the order established the boundaries for the sewer district and sets a second public hearing. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. The second public hearing will be held on September 24, 1997. SWEARINGEN: NIPPER: VOTE: I move signature of Order No. 97-114. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 5 AUGUST 131, 1997 0163-0832 12. PUBLIC HEARING ON SIGNATURE OF ORDER NO, 97-118, AUTHORIZING THE TRANSFER OF REAL PROPERTY TO BEND METRO PARK & RECREATION DISTRICT (LARKSPUR TRAIL) Before the Board was a public hearing on signature of Order No. 97-118, authorizing the transfer of real property to Bend Metro Park & Recreation District (Larkspur Trail). Patti Mecca reported this was a very small parcel on which there was a tax foreclosure. Chair Schlangen opened the public hearing. Carrie Whitaker, Bend Metro Park & Recreation District, reported they were looking at the trail along the canal. The trail had been on the City's comprehensive plan since 1976. She stated three neighbors were concerned about the trail running along their backyard. She stated she was working with the neighbors and Oregon Department of Transportation to address these issues. There being no further testimony, the public hearing was closed. NIPPER: I'll move signature of Order No. 97-118, authorizing the transfer of real property to Bend Metro Park & Recreation District (Larkspur Trail). SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 13. ADOPTION OF ORDINANCE NO 97-060, AMENDING PL -20, THE DESCHUTES COUNTY COMPREHENSIVE PLAN, RELOCATING BURGESS ROAD AND HIGHWAY 97 AT_WICKIUP JUNCTION Before the Board was adoption of Ordinance No. 97-060, amending PL -20, the Deschutes County Comprehensive Plan relocating Burgess Road and Highway 97 at Wickiup Junction. SWEARINGEN: NIPPER: VOTE: MINUTES 6 I move for the first and second reading of Ordinance No. 97-060, by title only. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES AUGUST 13, 1997 0163-0833 Chair Schlangen performed the first and second reading of Ordinance No. 97-060, by title only. NIPPER: Move adoption of Ordinance No. 97-060. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 14. ADOPTION OF ORDINANCE NO. 97-054, AMENDING THE BEND AREA GENERAL PLAN TO DESIGNATE CERTAIN PROPERTY FOR SURFACE MINING (27 -ACRES LOCATED WEST OF CENTURY DRIVE) FOR 4-R EQUIPMENT Before the Board was adoption of Ordinance No. 97-054, amending the Bend Area General Plan to designate certain property for surface mining (27 -acres located west of Century Drive) for 4-R Equipment. NIPPER: I'll move first and second reading of Ordinance No. 97-054, amending the Bend Area General Plan to designate certain property for surface mining (27 -acres located west of Century Drive) for 4-R Equipment, by title only. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-054, by title only. NIPPER: Move adoption of Ordinance No. 97-054. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 15. ADOPTION OF ORDINANCE NO 97-055, AMENDING THE BEND AREA GENERAL PLAN MAP TO DESIGNATE CERTAIN PROPERTY AS SURFACE MINING (27 -ACRES LOCATED WEST OF CENTURY DRIVE FOR 4-R EQUIPMENT Before the Board was adoption of Ordinance No. 97-055, amending the Bend Area General Plan Map to designate certain property as surface mining. MINUTES 7 AUGUST 13, 1997 ©163-0834 SWEARINGEN: Move for the first and second reading of Ordinance No. 97-055, by title only. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-055, by title only. NIPPER: Move adoption of Ordinance No. 97-055. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 16. ADOPTION OF ORDINANCE NO 97-059, AMENDING BEND URBAN AREA ZONING MAP TO ZONE CERTAIN PROPERTY AS SURFACE MINING (27 - ACRES LOCATED WEST OF CENTURY DRIVE) FOR 4-R EQUIPMENT Before the Board was adoption of Ordinance No. 97-059, amending Bend Urban Area Zoning Map to zone certain property as surface mining. SWEARINGEN: I move for the first and second reading of Ordinance No. 97-059, by title only. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-059, by title only. NIPPER: SWEARINGEN: Move adoption of Ordinance No. 97-059. Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 8 AUGUST 13, 1997 17. 18. 19. 0163-0835 ADOPTION OF ORDINANCE NO. 97-058, ADOPTING DESCHUTES COUNTY CODE SECTION 1.16.045, PRIVATE RIGHT OF ACTION Before the Board was adoption of Ordinance No. 97-058, adopting the Deschutes County Section 1.16.045, Private Right of Action. This item was postponed to a later date. ADOPTION OF ORDINANCE NO. 97-061, AMENDING DESCHUTES COUNTY CODE CHAPTER 2.08, COUNTY CLERK Before the Board was adoption of Ordinance No. 97-061, amending Deschutes County Code Chapter 2.08, County Clerk. SWEARINGEN: I move first and second reading of Ordinance No. 97-061, amending Deschutes County Code Chapter 2.08, County Clerk. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-061, by title only. SWEARINGEN: I move adoption of Ordinance No. 97-061. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Before the Board was adoption of Ordinance No. 97-062, amending Deschutes County Code Chapter 2.04, Board of County Commissioners. Sue Brewster reported this was housekeeping matter which reflects when the Board actually meets. SWEARINGEN: NIPPER: MINUTES 9 I move for the first and second reading of Ordinance No. 97-062, by title only. Second. AUGUST 131 1997 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-062, by title only. SWEARINGEN: I move adoption of Ordinance No. 97-062. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 20. SIGNATURE OF ORDER NO. 97-100, TRANSFERRING CASH AMONG VARIOUS FUNDS WITHIN THE 1997/98 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 97-100, transferring cash among various funds within the 1997/98 Deschutes County Budget. SWEARINGEN: I move signature of Order No. 97-100. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 21. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of weekly accounts payable vouchers in the amount of $496,837.97. NIPPER: Move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 22. APPOINTMENT OF BEV CLARNO AS INTERIM DIRECTOR OF COMMISSION .ON CHILDREN & FAMILIES THROUGH JANUARY 1, 1998 Before the Board was appointment of Bev Clarno as the interim Director of Commission on Children & Families through January 1, 1998. NIPPER: Move appointment. MINUTES 10 AUGUST 13, 1997 0163 -CSO SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Scott Johnson will be implementing House Bill 3737. DATED this 13th day of August, 1997, by the Deschutes County Board of Commissioners. ATTEST: Recording Secretary MINUTES 11 AUGUST 13, 1997