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1991-28693-Minutes for Meeting September 18,1991 Recorded 9/26/199191-28693 MINUTES 0107 1558 DESCHUTES COUNTY BOARD OF COMMISSIONERS September 18, 1991 Chairman Maudlin called the meeting to order at 10:10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Rick Isham, County Legal Counsel; Bruce White, Assistant Legal Counsel; Dave Leslie, Planner; and Karen Green, Community Development Director. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Order 91-118 authorizing public request to stripe Lazy River Drive; #2, signature of Personal Services Contract with Geoff Hyde for psychiatric services for the Mental Health and Corrections Departments; #3, signature of Conservation Easement for land use application CU -91-99 for Gene Dahl; #4, signature of letter to Central Oregon Parks and Recreation District concerning the Borden Beck Park transfer; #5, signature of Indemnity Agreement for the Lobos Motorcycle Race on September 22, 1991; #6, signature of Order 91-120 changing the name of a portion of Lundgren Mill Road and all of Lundgren Mill Circle to Pine Street and changing the name of a portion of Lundgren Mill Road to Squaw Back Road; #7, chair signature of liquor license renewal for Redmond Moose Lodge #323 and Brothers Stage Stop; #8, signature of Resolution 91-086 declaring property from the Pilot Butte Motel surplus property; #9, signature of Lease with Shared Communications Services, Inc. for 90 square feet of storage space in the Courthouse basement; #10, chair signature of OLCC Community Event Dispenser License Application for High Desert Museum; and #11, signature of MP -90-83 creating two 10 -acre parcels off Cascade Estates Drive in an MUA-10 zone for Camille Oatman. THROOP: I'll move approval of the eleven consent.,,, agenda items. SCHLANGEN: Second. r7 µr VOTE: THROOP : YES SCHLANGEN : YES MAUDLIN: YES " 2. ORDINANCE 91-040 CHANGING COUNTY WORK SCHEDULE Before the Board was signature of Ordinance 91-040 amending the Deschutes County Code defining the usual business days and hours of operation of the Deschutes County government, providing for exception, providing for the posting of signs PAGE 1 MINUTES: 9/23/91 K YP 19HED �*/""RORLME� SEP 3 0 09131 9, 010'7 1559 and declaring an emergency with an effective date of October 1, 1991. Chairman Maudlin said that due to a budget shortfall, the Commission set a 10% reduction in work hours while continuing to maintain a five-day week to serve the public. However, that schedule could not be continued since the work was not getting done and the public was not being well served. The reduction in hours was to allow for a cash carryover, but that was not happening because of the increased costs of additional overtime. The sick leave usage had increased and there wasn't a reduction in building operational costs since the building had to be kept open five -days a week. In reality, there was only three days a week when the County was full staff, the other two days were generally half staff trying to do their jobs and the jobs of those who were absent. Because of this, the Board was considering going to a four-day week from 7:30 a.m. to 5:30 p.m., and closed of Fridays. The County would be open to the public from 7:30 a.m. to 5:30 p.m. Monday through Thursday, including the lunch hour, and would be full staff during that time. They felt this would allow more people a better opportunity to be served by the County. This new schedule would help the County save the money necessary to maintain an emergency fund. Commissioner Throop said he fully concurred. He had also supported a more flexible schedule in the beginning to try to keep the County open to the public more days and more hours, but agreed that schedule didn't work. The service wasn't being delivered to the public since the County wasn't fully staffed while it was open to the public. He felt there was no other choice than to try this new schedule if the County wanted to reach its goal of providing the highest quality of service to the public given the fiscal restraints the County was under. Commissioner Schlangen said she felt the new schedule of being open in the early morning, after 5 p.m., and during the noon hour would give the public more opportunities to receive service from the County. She had heard from citizens who had to take time off from work in order to get some business done at the County, and with the new schedule, they would be able to come in before or after work or during their lunch hour. She felt the new schedule would help the County serve the public, help the fiscal restraints, and help the County employees. MAUDLIN: I would ask for first and second reading by title only. SCHLANGEN: So moved. PAGE 2 MINUTES: 9/23/91 010'7 1560 THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 91-040. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 3. CORRECTION DECLARATION OF DEDICATION Before the Board was signature of a corrected Declaration of Dedication from Jack C. Riches and Bruce R. Meland. SCHLANGEN: Move signature of correction of Declaration. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 4. WEEKLY WARRANT VOUCHERS Before the Board was approval of the weekly bills in the amount of $312,902.15. THROOP: I'll move the approval of the weekly warrant vouchers subject to review. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 5. DEVELOPMENT AGREEMENT FOR DON CROSS AND ZELIA NAUER Before the Board was signature of a Development Agreement for Don Cross and Zelia Nauer for Wet Willy's Bumper Boats and Recreation Facility on South Highway 97 in Bend. THROOP: I'll move signature of the Development Agreement PAGE 3 MINUTES: 9/23/91 mo 7. M 010'7 1501 SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES APPOINTMENT TO LOCAL ALCOHOL & DRUG PLANNING COMMISSION Before the Board was appointment of Reverend Terry Merrill to the unexpired term of Reverend Chamberlain on the Deschutes County Local Alcohol and Drug Planning Committee. His term would expire on March 31, 1993. SCHLANGEN: Move appointment. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES MP -90-70 FOR BEND RESEARCH Before the Board was signature of MP -90-70 creating two lots in the RSR -5 and Research and Development Zone for Bend Research. THROOP: I'll move signature of the MP and creating the two lots in both the RSR -5 and Research and Development Zone. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES LETTER TO JUDGE AHERN Before the Board was signature of letter to Jefferson County Judge Daniel Ahern giving support to Jefferson County in its efforts to remediate the effects of the reductions in the value of centrally assessed properties by the Department of Revenue. THROOP: I'll move signature of the letter. SCHLANGEN: I will second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 4 MINUTES: 9/23/91 010'7 1562 Chairman Maudlin recessed the meeting until 10:50 a.m. Chairman Maudlin reconvened the meeting at 10:55 a.m. 9. FINDINGS AND DECISION ON MARKEN'S SURFACE MINING APPLICATION Before the Board was approval and signature of the Findings and Decision on the Marken's surface mining application. Dave Leslie said the Board made a decision earlier in the year not to zone Mr. Marken's property for surface mining but to put it on the County's inventory of aggregate and minerals. The Findings and Decision submitted to the Board for signature, reflected that decision. Once the Findings and Decision was signed, the decision would go into effect. Chairman Maudlin asked if the reason for the delay in preparing the Findings and Decisions was that Mr. Marken had indicated he was going to withdraw the application and then changed his mind. Dave Leslie said that was one of the factors in the delay. The Board had just received this document and decided they wanted more time to review it before signing. They postponed signature of this document until Monday, September 23, 1991, at 10 a.m. 10. PUBLIC HEARING: CONSERVATION EASEMENT FOR TWIN BRIDGES Before the Board was a public hearing resulting from a call up by the Board of the Hearings Officer's Findings and Decision requiring a Conservation Easement on SP -91-18 concerning surface mining at the Twin Bridges site. Dave Leslie reviewed with the Board a blue print map showing the area that would be affected by the Conservation Easement. He proposed a conservation agreement be entered into as an amendment to the decision for surface mining with an escrow company. The instructions would require that after completion of the mining or no later than 12 years from this date, that a Conservation Easement would be granted to Deschutes County which would allow for certain provisions, including public access within 100 feet of the high water mark. There were some unique provisions to allow for crossing on the bridge over the river and allowing for agricultural uses within the area on the upland terrace. The staff recommended that the conservation easement be signed and accepted as an amendment to the site plan which was approved earlier for surface mining on this site. If there were stays or injunctions which would prevent the applicant from mining, it would be considered a delay and the 12 -year time limit would be moved ahead accordingly. The 12 -year time limit would start October 1, 1991. PAGE 5 MINUTES: 9/23/91 010'7 1563 Bruce White said that the site plan went to hearing in April 1991, and at that time, there were some concerns raised about how to bind successors in interest to the agreement to record a Conservation Easement. Also he discovered there was no legal description of the conservation easement area. The hearing record was held open on the site plan, but before these issues could be resolved, the Hearings Officer closed the record. He felt this action left no other option than for the Board to call the decision up for hearing. The Hearings Officer gave an outside time limit of 15 years for recording the Conservation Easement. Since that time, the staff and Bend Aggregate had agreed that 12 years was a reasonable time frame. The agreement that was originally signed with the conservationists did not mention an outside time frame, but it was staff's feeling from reading the ESEE and other documents in the record, that there was an assumption that at some specific date, the conservation easement would be recorded. The escrow agreement would set up the mechanism whereby the County was assured that the Escrow Agreement would be recorded even if Bend Aggregate no longer owned the property. The documents before the Board had been agreed to by the County staff, Bend Aggregate and CLR to make sure that the Conservation Easement was implemented. There had been a recent survey, therefore there was a legal description the Conservation Easement area. Chairman Maudlin opened the public hearing. Ted Keener, 65711 Twin Bridges Road, asked if the "delays" which could extend the 12 -year limit were strictly external? For example if the gravel market slowed for a couple of years, would that extend the 12 -year limit. Bruce White said it would not. He said a "delay" commenced upon some action of a court or some other reviewing body. A "delay" commenced either upon a stay of their ability to continue with mining or their election not to proceed with mining while an appeal was pending because of the risk that they might have to restore the land. Mr. Keener said that sounded "real reasonable." He had originally hoped that this easement could have occurred during the mining process on the opposite side of river since there was an existing trail on the west side. He understood the concern about people getting in the way of the gravel trucks, but wasn't convinced that the west trail couldn't be opened but stopped two blocks away from the gravel activity. He felt the 12 -year limit was acceptable. Bruce White said the agreement between the conservationist and Bend Aggregate did not contemplate opening up the area immediately for public access, and he felt the parties needed to "live by" what was agreed at the beginning. Chairman Maudlin said he felt there was probably encroachment in the area already, and if it were opened to the public, the encroachment would be worse regardless of the signs, which would create safety problems. PAGE 6 MINUTES: 9/23/91 0107 1564 Eric Schultz, 1591 NW Saginaw, had a concern about public access. He had a draft agreement from Paul Janek and Novak, in which Bend Aggregate and Paving (BAP) agreed to extract aggregate material from the property within the first two years after BAP has received all necessary governmental permits and all appeals had been concluded. He remembered there was subsequent negotiation on the time limit. There was discussion of a little park that went along one side of the river. Bruce White said that public access was included in the conservation easement. Commissioner Throop asked what would happen if Bend Aggregate and Paving extracted all of the material except one truck load within four years. Would the County have to wait another eight years before the Conservation Easement would be recorded? Bruce White said that under the agreement as currently written, the County would have to wait another eight years. Commissioner Throop said the attempt was to keep the public out during the mining operation but to let the public in when the mining operation had ceased. Jerry Curl, Bend Aggregate and Paving, said the Conservation Easement discussed in May of 1989 was put into writing and signed by everyone. There was no limitation on the number of years allowed to complete the mining. It said that when all commercial aggregate was removed, they would put the easement into place. County staff felt that language was too open ended, so they agreed upon a maximum of 12 years. He said they had no intention to delay the granting of the easement or the reclamation after mining was completed. They wanted to do something else with the property when the mining was finished, so it was in their interest to reclaim the property and grant the easement. Commissioner Throop clarified that it was Bend Aggregate's intention to file the conservation easement as soon as the mining and reclamation were finished. Mr. Curl said that was the true intent of the escrow agreement. Chairman Maudlin said that he had originally understood that they would mine and reclaim five acre tracts at a time. Since there would be considerable value in the property after the reclamation, it would be "silly" for them to let the property sit for years since they couldn't do anything with it until the conservation easement was filed. Commissioner Throop restated that he understood Mr. Curl to have said it was not their intention to extend the time limit to the maximum unless necessary, since it was not in his company's best interest to do so. Commissioner Throop asked Eric Schultz to show Mr. Curl the letter he had from Mr. Janek. Mr. Schultz said he never received a copy of the final signed agreement even though he PAGE 7 MINUTES: 9/23/91 N 0167 1565 was a signer to the agreement. Commissioner Throop asked if there was a final copy of the agreement in the record. Bruce White said that he had never seen a copy of the agreement in the record. Commissioner Throop complimented the parties to the agreement and pointed out that it was very unusual for the applicants, the homeowners and citizen interest groups to get together, work out their differences, and reach an agreement. Mr. Schultz said he had submitted written testimony and requested that the part regarding the access being available on one side of Deschutes River be deleted. Jerry Curl said he was positive that the final, signed agreement did not have the language referring to a two-year extraction period. He was surprised that it had ever been in a draft. He had a copy of the signed agreement and would see that the County got a copy. Commissioner Throop said it was important that the signed agreement be part of the County record since it was the basis on which this whole decision was being made. Bruce White agreed that it was appropriate to have a copy of the agreement as part of the record since an ESEE condition was that there be compliance with the agreements that were struck with Deschutes River Ranch and the conservationists. The Board decided they wanted to review a copy of the signed agreement upon which the conservation agreement had been written and, therefore, continued this public hearing to 10:30 a.m. on Monday, September 23, 1991, in the Board's Conference Room in the Deschutes County Administration Building. HDESCHU ES COUNTYBOARD OF COMMISSIONERS roo , ( opmis s oner Sc lan n, Commis ioner Dick Maudlin, Chairman BOCC:alb PAGE 8 MINUTES: 9/23/91