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1991-28212-Minutes for Meeting September 23,1991 Recorded 9/24/1991r WORK SESSION MINUTES =°°' "` y DESCHUTES COUNTY BOARD OF COMMISSIONERS September 23, 1991 ' ,.,.. Chairman Maudlin called the meeting to order at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Bruce White, Assistant Legal Counsel; Brad Chalfant, Property Manager; Dave Leslie, Planner; and Kevin Harrison, Planner. 0107 1554 1. FINDINGS AND DECISION ON MARKEN SURFACE MINING APPLICATION Before the Board was signature of the Findings and Decision on the Marken surface mining application. Greg Hendrix, attorney for the applicant, asked for a clarification on whether the placement of this property on the inventory would preclude Mr. Marken from using it for other permitted conditional uses in an EFU zone. Bruce White said it would not. Mr. White said the site was placed on the inventory as a significant site but, having gone through the ESEE process, the Board the best use for the site was not surface mining because of conflicting uses and resources. Therefore the zoning on the Marken site would remain EFU. Mr. Hendrix clarified that if Mr. Marken established a farm use on the property, he could potentially partition the property and all of the other permitted conditional uses, if he could meet the standards for those uses in the EFU-20 zone. Mr. White said that was correct since the zoning had not been changed to surface mining. Mr. Marken would be subject to the surface mining impact zone only because of the proximity to the Rose site and the County landfill site which were zoned for surface mining. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. CONTINUATION OF PUBLIC HEARING ON CONSERVATION EASEMENT ON TWIN BRIDGES SURFACE MINING SITE Before the Board was a continuation of a public hearing on the Board's call up of a Hearings Officer's Findings and Decision requiring a Conservation Easement on File SP -91-18 concerning surface mining at the Twin Bridges site. Dave Leslie gave the Board a copy of the Hearings Officer's decision and asked that the memorandum from Bruce White, dated September 18, 1991, be entered into the record. He said there PAGE 1 MINUTES: 9/23/91 �!C„OFlC1,�EC+ KEYP ED 0107 1555 was no date indicated in the earlier agreement between the parties, therefore, staff recommended that condition #13 in the Hearings Officer's decision be modified to include an escrow agreement which had been discussed at the previous public hearing. He recommended the 12 -year time limit with the caveat that in case there was an appeal which would prevent any mining from occurring, the date would be moved forward. Bruce White said staff was proposing that condition #13 of the Hearings Officer's decision be removed and that new language be substituted to state that in conformance with the terms of condition #6, the ESEE concerning the granting of a conservation easement including public access, that the parties entered into the attached escrow agreement; that Bend Aggregate would record a memorandum of that agreement; and that an agreement and an executed conservation easement would be tendered into escrow. So there were basically three conditions: (1) sign the escrow agreement; (2) put the agreement and a signed conservation easement into escrow; and (3) sign and record a memorandum of the agreement in the Deschutes County property records so that the existence of this escrow agreement would be in the record. He also suggested that there be a finding made that this agreement satisfied the ESEE condition concerning meeting the requirements of the agreement between the conservationists and Bend Aggregate and Paving. Bruce White clarified that his September 18, 1991, memorandum to the Board which included the signed agreement, and his memorandum of September 17, 1991, which included a packet of documents (which would be attached to the final decision) were both a part of the record. Chairman Maudlin closed the public hearing. THROOP: I'd move the County adopt staff recommendation which is to approve the Findings and Decision of the Hearings Officer dated and mailed the 24th day of May, 1991, with the exception of condition #13 which would then be stricken and in place of condition #13 flush out in whatever appropriate language is required to accomplish what Bruce, our Assistant Legal Counsel, described to us appropriate. Bruce White said "and also including a finding that those documents satisfy the ESEE condition." THROOP: Okay, that would be part of the motion as well. SCHLANGEN: I will second that. PAGE 2 MINUTES: 9/23/91 010'7 1556 VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DESCHUTES COUNTY I Tojpl Troop, C y Pope BOCC:alb BOARD OF COMMISSIONERS ssion Qja" gen, Commission r in, Chairman PAGE 3 MINUTES: 9/23/91