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Bend City Hall
July 2, 2007 Bend City Council

AGENDA

Bend City Council

Monday, July 2nd, 2007

 

4:30 p.m.        Light Meal

 

5:00 p.m.        Work Session:

 

 

Executive Session pursuant to ORS 192.660 (2) (d through h)

 

7:00 pm          City Council Regular Meeting

City Hall, 710 NW Wall

 

1.         Roll Call:         Mayor Bruce Abernethy

Councilor Linda Johnson

Councilor Mark Capell

Councilor Chris Telfer

                                    Councilor Peter Gramlich

Councilor Bill Friedman

                                    Councilor Jim Clinton

 

2.                  Pledge of Allegiance

3.                  Receive Visitors

 

4.                  Good of the Order

A.     Consider a Proclamation Recognizing the 17th Anniversary of the Americans with Disabilities Act

B.     Consider a Proclamation Declaring July as Energy Independence Month

C.    Recognize Airport Manager Greg Phillips

5.      Purchase of 3705 North Highway 97 (Issue Summary)

A.     Hold a Public Hearing on a proposed supplemental budget to increase expenditure appropriations by $232,000 in the Community Development Block Grant (CDBG) Fund for the purchase of property at 3705 North Highway 97

B.     Consider a roll call vote on a resolution to adopt the supplemental budget for the 2007-09 Biennial Budget (Resolution)

6.                  Budget Adjustment – General Fund to Airport (Issue Summary)

A.     Consider a roll call vote on a resolution authorizing a capital loan of $152,000 from the General Fund to the Airport Fund to finance the environmental assessment for the parallel taxiway and eastside development (Resolution)

B.     Consider a roll call vote on a resolution approving appropriation adjustments in the General Fund and the Airport Fund for the 2007-09 biennium (Resolution)

 

 

Quasi Judicial Land Use Matters

 

7.                  Statement of Procedural Rules by City Attorney and declaration of ex parte contacts and conflicts of interest.

8.                  Consider whether to hear appeal of Hearing Officer Karen Green's decision which denied applicant's request for a lot line adjustment within the Mountain Gate Subdivision and PUD; File 06-660; Applicant: AWBG Alexander Court;  Location:  Alexander Court and the abutting properties (Issue Summary) (Appeal Application) (Hearings Officer Decision)

9.                  An Ordinance Amending the Bend Urban Area Zoning Map by Changing the Zoning Designation of a Parcel of Land Totaling 2.49 Acres Between NE 6TH Street and NE 8TH Street in the Ellis Subdivision From RS Residential Urban Standard Density to RM Urban Medium Density; Applicant: George and Jan Coyle (Issue Summary and Ordinance) (Hearings Officer Decision)

A.     Hold a Public Hearing

B.     Consider the first reading of proposed Ordinance

 

Conclusion of Quasi Judicial Land Use Matters

 

10.             Consider a Motion to approve the Consent Agenda A:

A.                 Approval of the City Council Meeting Minutes

        June 4, 2007 Work Session

B.                 Authorize City Manager, or designee, to enter into a contract for employee medical insurance with PacificSource (Issue Summary)

C.                Authorize City Manager, or designee, to enter into a contract for employee dental insurance with Oregon Dental Service (Issue Summary)

D.                Authorize salary schedule adjustment for non-represented employees (Issue Summary)

E.                 Authorize the Police Chief to proceed with Justice Assistance Grant Application and enter into Memorandum of Understanding with Deschutes County for distribution of grant funds (Issue Summary) (MOU)

F.                 Receive Report on Liquor License Endorsements (Report)

 

11.             Consider a roll call vote on Consent Agenda B:

A.     Second reading of an Ordinance Renaming the North Segment of Providence Drive to Alex Place in the City of Bend, Oregon (File 07-168) (Issue Summary) (Ordinance)

B.     Second reading of an Ordinance Granting a Non-Exclusive Electric Utility Franchise to Pacific Power, and Fixing Terms, Conditions and Compensation of Such Franchise (Issue Summary) (Ordinance)

C.    Second reading of an Ordinance Amending the Avion Water Company Franchise (Bend Code Section 11-20.13) by Changing the Service Territory and Extending the Term of the Franchise (Issue Summary) (Ordinance) (Service Area Map)

D.    Second reading of an Ordinance Amending the Bend Urban Area Zoning Map by Changing the Zoning Designation of a Parcel of Land Totaling 6.78 Acres North of Quail Pine Estates Subdivision from RS Residential Urban Standard Density to PF Public Facilities; applicant:  City of Bend  (Issue Summary and Ordinance)

 

12.             Council Action and Reports.

 

13.             Receive City Manager's Report

A.     Update on Legislative Agenda

B.     Sustainability Minute

 

14.             Adjourn

 

City of Bend Mission Statement:  To protect and enhance the well-being of our community with commitment, integrity and service

 

 

 

* All individuals and groups are asked to keep their comments brief and directed to the subject to ensure all parties wishing to speak have an opportunity to address the issue.  All individuals wishing to speak to an item on the agenda should fill out a sign up card.  These are located at the door or can be obtained from the City Recorder.  The sign-up card should be returned to the City Recorder so individual speakers may be recognized by the Mayor.  The Mayor may impose a time limit on speakers to ensure all individuals have an opportunity to speak and that Council can complete the business on tonight's agenda.  Written comments can be delivered in advance of the meeting by sending them to:  City Recorder, PO Box 431, Bend,  OR  97709 or e-mail to HYPERLINK "mailto:pstell@ci.bend.or.us" pstell@ci.bend.or.us.

 

 


Accessible Meeting Information

This meeting location is physically accessible to persons with disabilities.  Communication or other accommodations for people with disabilities will be made upon advance request.  Such requests can be made by completing the Request for Accommodation or Barrier Removal Form (available in City offices, on the City's website, or by contacting the Accessibility Manager at 693-2141 or HYPERLINK "mailto:lcorssman@ci.bend.or.us" ADA@ci.bend.or.us).  Providing at least 48 hours notice will help ensure availability.

 

 


 

Statement For Quasijudicial Matters

 

 

            In each of the quasijudicial agenda items on the attached agenda, the following procedure shall govern the hearings:

 

1.         The City Council will declare exparte communications, including site visits as well as actual and potential conflicts of interests.  Those in attendance will have an opportunity to challenge the disclosures.

 

2.         A planning staff representative will outline the application and the approval criteria.  This information is also outlined in the staff report which is available to the public.

 

3.    The City Council will hear testimony, receive evidence and consider the testimony, evidence and information already submitted into the record.   

 

Testimony and evidence at these hearings must be directed toward the criteria set forth in the notice of the hearing and listed in the respective staff report.   In addition, testimony may be directed to any other criteria in the comprehensive land use plan of the City or land use regulations which any person believes applies.

 

The applicant has the burden of proving that his or her application meets all of the applicable criteria. 

 

Failure on the part of any person to raise an issue with sufficient specificity to afford the City Council and parties to this proceeding an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals on that issue.

 

4.         Each hearing will be conducted in the following order: The staff will summarize the issues raised by the application and review the applicable criteria.  The applicant will then have an opportunity to make a presentation and offer testimony and evidence. Other persons supporting the application will then be given an opportunity to present testimony.  Next, opponents will then be given a chance to make a presentation. After both proponents and opponents have made a presentation, the applicant will be allowed to make a rebuttal presentation.  The Council may offer an opportunity for opponents to respond to the applicant's rebuttal.    At the conclusion of this hearing, the staff will be afforded an opportunity to make any closing comments. The Council may limit the time period for presentations.

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