1992-15584-Minutes for Meeting May 06,1992 Recorded 5/13/199292-15584
0118-045'
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
May 6, 1992 `` 02
Chairman Maudlin called the meeting to order at 10 a"me,-'foad,'i"
members in attendance were: Dick Maudlin and Nancy Pope Schlangen."'
Also present were: Rick Isham, County Counsel; Bruce White,
Assistant Counsel; Brad Chalfant, Property Manager; Paul Blikstad,
Planner; and Kevin Harrison, Senior Planner.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Acceptance of Declaration of Dedication for roads within the
Sunriver Business Park, Phase III; #2, signature of approval
of Amendment #17 to the 1991-93 Mental Health
Intergovernmental Agreement; #3, rejection of liquid asphalt
bids and approval to re -bid; and #4, chair signature of
Purchase Agreement with American Information System for
Software Programming License for Clerk's Office.
SCHLANGEN: I move approval
items.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
of the first four agenda
Commissioner Throop joined the meeting at this point.
2. PUBLIC HEARING ON FORMATION OF VISTA DEL SOL/EASTMONT ESTATES
FIREARMS DISTRICT
Before the Board was a public hearing on the formation of the
Vista Del Sol/Eastmont Estates Firearms District.
Chairman Maudlin opened the public hearing and asked for a
staff report.
Bruce White said the County had been petitioned by residents
of the Vista Del Sol/Eastmont Estates Subdivisions and certain
private property owners adjacent to those subdivisions to form
a no shooting district. The formation of this district
required changes in the County Ordinance to allow no shooting
districts to include properties which were not part of a
subdivision but were adjoining a subdivision. In this case
the properties of concern were located adjacent to the
Eastmont and Vista Del Sol Subdivisions. The petition had the
required number of signatures for the subdivisions, Bend Metro
PAGE 1 MINUTES: 5-6-92
HED
0118-0458
Park and Recreation District, and the School District as well
as Mr. Hafter who was an adjoining property owner. The parcel
where the Rural Fire Protection District was located was owned
by the City and would be considered for inclusion in the no
shooting district at the City Commission's meeting that
evening. Another property (TL400) which was next to the ball
field and the Bend Metro Parks property had another owner who
was not part of the petition. They had gotten the consent of
the parcel's contract seller but not the purchaser, therefore
he requested that the public hearing be continued until
consent was obtained from the City of Bend and the private
land owner.
Chairman Maudlin asked if there was any further testimony.
Harley Hafter reported that he had placed no -shooting signs on
his property a number of times, however, people destroyed them
just as quickly.
Chairman Maudlin continued this public hearing until Monday,
May 11, 1992, at 10 a.m. Any further testimony would have to
be in writing prior to that time.
3. APPOINTMENT TO PLANNING COMMISSION
Before the Board was a recommendation from George Read,
Planning Director, to appoint Andy Tillman to the Deschutes
County Planning Commission representing the Tumalo area.
Chairman Maudlin said he was opposed to this appointment.
THROOP: I'll move the appointment of Andy Tillman to the
Planning Commission vacancy in the Tumalo area.
SCHLANGEN: Second.
Commissioner Throop said he felt Mr. Tillman was an
extraordinary candidate for this position and he had
experience which would be valuable to Deschutes County in the
planning process.
Commissioner Schlangen said she had spoken to Mr. Tillman and
the people who interviewed him, and she felt he would be a
good member of the Planning Commission. However, she agreed
that the Planning Commission could use a realtor, and hoped
that one could be found for the next appointment. Chairman
Maudlin said he doubted a realtor would be found for the next
vacancy since realtors had applied for the last five years and
had never been selected.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: NO
PAGE 2 MINUTES: 5-6-92
4.
5.
ME
0118-0459
PLAT FOR PARK PLACE PHASE II
Before the Board was signature of a planned unit development
plat for Park Place Phase II adjacent to Brookswood Boulevard
and Hollygrape Street in an RL zone.
Paul Blikstad said the applicant had been required to submit
a new bond and sign a new improvement for Phase II. Rick
Isham asked if there were now two bonds: one for Phase I and
one for Phase II, and Mr. Blikstad said yes.
MAUDLIN: Entertain a motion for signature.
SCHLANGEN: So moved.
THROOP: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of accounts payable vouchers in
the amount of $48,735.88.
THROOP: Move approval subject to review.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
POWER LINE EASEMENTS FOR CEC
Before the Board was signature of two power line easements
across County land along Gosney Road to Central Electric
Cooperative Inc.
Chairman Maudlin asked if this easement was in the road right
of way. Brad Chalfant said it was just outside of the right
of way, and the power line had been there for a number of
years. Rick Isham pointed out that if the County gave CEC the
easement and then decided to widen this road, the County would
have to pay to move the power line. Chairman Maudlin
suggested that as a condition of approving the easements, CEC
should agree to pay to have the power lines moved should the
County decide to widen the road. Brad Chalfant agreed to
include that language in the agreement.
PAGE 3 MINUTES: 5-6-92
7.
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9.
0118-0460
Commissioner Throop suggested making this requirement a
regular policy of the County. Brad Chalfant said it was the
County policy on new lines but not on existing lines.
MAUDLIN: I'd entertain a motion to that effect.
THROOP: I'll move the chair's language.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
OREGON TRAIL CELEBRATION GRANT APPLICATION
Before the Board was Chair signature of the State "Oregon
Trail Celebration 193" matching grant application. Chairman
Maudlin said that CORA was the applicant of a $5,000 grant
which would be used to show some of the other Oregon Trail
routes. The High Desert Museum and the Historical Society
both had submitted proposals for the $5,000 grant.
THROOP: I'll move chair signature.
SCHLANGEN: Second
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
RESOLUTION 92-033 DECLARING BIKE COMMUTE WEEK
Before the Board was signature of Resolution 92-033 declaring
May 18-22, 1992, as "Bike Commute Week" in Deschutes County.
SCHLANGEN: I move signature of Resolution 92-033.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
MJP-92-1
Before the Board was signature of MJP-92-1 dividing a 20 -acre
parcel into two nonfarm lots in an EFU-20 zone on Hanes Road
and Rimfire Road southeast of Bend for David and Jackie
Johnson. Paul Blikstad said a variance had previously been
approved for the two nonfarm parcels. He felt the reason this
was approved was because Rimfire Road was on the west boundary
PAGE 4 MINUTES: 5-6-92
0118-0461
and Hanes Road (a local road) split the parcel in the middle
and came to a dead end south of this property.
The Board postponed this item until 11:15 a.m. when this issue
would be revisited with Kevin Harrison, the planner who
approved the variance.
10. UPDATE ON STATUS OF PROPOSED TRANSPORTATION DISTRICT
Rick Isham gave an update on the activities of the group
working on the formation of a transportation district. He
said he met with the transportation committee some time back,
and he mentioned that there was a July deadline to get the
district formed. Karen Cacy told him that she was making
contact with an attorney, Bob Lovlien, and that she felt he
would be donating some services to the proposed district. He
never heard back from them until a meeting this morning. He
mentioned that the standard time lines allowed the Board to
file a County measure with the Clerk as late as September 3,
but because this was a special transportation district, there
was also an elected Board of Directors. The last date to have
County action that would allow publication of the proposed
Board of Directors, in accordance with the Secretary of
State's election schedule, would be July 13. There was a
requirement for an order initiating the proceedings for
formation and adoption of the proposed tax and financial
feasibility statement. That order also had to be approved by
each of the three cities by resolution. He calculated that
the last date when the initiating order could be signed was
May 20. Prior to May 20 all three cities would have to
approve the District by Resolution, June 22 would be the first
hearing on the formation, July 13 would be the final hearing
on the formation, August 5 would be the last date to submit
the measure to the voters pamphlet for the general election on
November 3. He heard that Larry Patterson, City of Bend
Manager, was opposed to the formation of a special
transportation district and preferred that the County adopt it
as a county service district. If it were a county service
district, these dates could not apply.
Commission Maudlin said he would talk with Larry Patterson
about his concerns.
Rick Isham continued that when he met with the formation
committee last fall, he told them they needed to get the
financial feasibility statement completed, however it was not
yet completed. Commissioner Throop said if the paperwork was
not finished to the Board's satisfaction by next Monday,
May 11, 1992, he felt the formation committee should be told
that they would have to wait until 1994 to try for the
transportation district. Commissioner Schlangen agreed, but
felt if the formation committee had the necessary signed
PAGE 5 MINUTES: 5-6-92
0118-0462
resolutions, the financial feasibility statement, and any
other documentation necessary by the Board's meeting on
May 20, 1992, the Board could move forward on their request.
Chairman Maudlin expressed concern that it might be
interpreted that because the County missed a deadline, the
transportation district had to be postponed until 1994.
However, he didn't feel it was the Board's job to sell this
district to the Cities.
The Board meeting was continued until 11:15 a.m.
Chairman Maudlin reconvened the meeting at 11:15 a.m.
(9.) (Continued from earlier in this meeting) Kevin Harrison said
this area had been heavily partitioned prior to 1979 and the
adoption of the EFU-20 zone. Prior to 1979, it had been zoned
A-1 which had a 5 -acre minimum lot size. This property was
divided by a road, and the neighboring properties were
typically 5-10 acres in size and contained dwellings. There
were 14 parcels which abutted Hanes Road of which 9 contained
single-family dwellings, 9 parcels were 5 -acres in size, 2
were 10 -acres, 1 was 15 acres, and 2 were 20 acres. It was a
rural residential area which had all of the characteristics of
a MUA-10 or some other rural exception area.
THROOP: I'll move signature of the Plat.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
11. DECISION ON KLIPPEL APPEAL
Before the Board was the decision on an appeal of the Hearings
Officer's approval of the Klippel surface mining site plan.
Chairman Maudlin said he understood that the parties had
reached an agreement to resolve this issue.
Greg Hendrix, attorney for the appellants, submitted a
petition from everyone who had standing in this appeal
including Bend Metro Park and Recreation District, except
three people who were out-of-state. Mr. Hendrix said he
represented these three people, and they had authorized him to
send a letter to Nancy Craven, attorney for Bend Aggregate,
stating that they were also in agreement, which he had done.
Ms. Craven had indicated she was satisfied with that
representation, and he hoped the Board would be also.
Bruce White said that if the parties were satisfied, the
County would probably be satisfied.
PAGE 6 MINUTES: 5-6-92
0118-0463
Jerry Curl said he was in agreement with the Stipulated
Conditions of Approval which was "more than they had hoped
for." Greg Hendrix said he approved the proposed stipulations
on behalf of his clients. The letter which was attached to
the petitions was a short version of those stipulations.
Bruce White suggested that the County's draft findings be
circulated to the parties prior to the Board's signing, so
there would be no question that the County accurately reduced
to writing the agreement of the parties.
Bruce White said it would be appropriate for the Board to make
a motion approving the site plan with the changes Dave Leslie
suggested at the public hearing and consistent with the agreed
upon stipulations. Dave Leslie said he also wanted to place
on the record that three letters were received after the oral
testimony was closed. One was a final letter from Bend Metro
Park and Recreation District in support of the agreement, but
continuing to point out the need for addition help regarding
cyclist and users of Johnson Road.
MAUDLIN: I would entertain a motion that we approve the
agreement and instruct staff to write findings that
meet approval of the two parties involved, and that
it be brought back for Board signature.
Bruce White clarified that the Board was primarily approving
the site plan and not just the agreement between the parties.
Dave Leslie said it was important to recognize that the Board
was not withdrawing the appeal, but upholding the Hearings
Officer's approval of the site plan per the stipulated
agreement and the conditions of approval were so modified.
SCHLANGEN: I would move that.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PAGE 7 MINUTES: 5-6-92
DATED this -fie day of
Commissioners of Deschutes County,
Tom ITliroop,
0118-0454
1992, by the Board of
6'I9
PAGE 8 MINUTES: 5-6-92
s
0118-0465
Stipulated Conditions of Approval
Klippel site Plan Application
County File No. A-92-2
By agreement between the Applicants, Bend Aggregate and
Paving and CLR, Inc. and the Appellants, Mr. and Mrs. Charles
Allen and Mr. and Mrs. Andy Niedzwieoke, hereinafter referred to
as the Parties, the following conditions of approval are
submitted to the Board of Commissioners for adoption in its order
of approval for the site plan application for the Klippel site.
The Parties have negotiated all concerns related to
this land use appeal and have jointly agreed to these stipulated
conditions of approval which are recommended for adoption by the
Board in its order and decision on the site plan application.
The Parties have agreed that these conditions of approval should
be adopted without revision, deletion or addition. The Parties
recognize that the Board will adopt findings to support this
stipulation and the Parties desire to participate in the drafting
and review of those findings with County Staff and, Colony
Counsel.
As a condition of this agreement, the Appellants have
agreed to submit written documentation to the Applicants which
confirms that the Appellants and any other persons who
participated (orally or by written testimony) will not file an
appeal to the Land Use Board of Appeals challenging the Board's
order in this matter.
The following conditions of approval are jointly
submitted to the Board for adoption in its order and decision:
"Based on the foregoing findings, the Board of
Commissioners hereby approves the application for site plan
approval submit to the following conditions:
1. Developer shall follow and meet all requirements of the
ESEE analysis for Site Na. 294:
A. Allow surface mining activities in accordance with
the site operation plan, excluding a crushing
operation on-site.
B. The hours of operation are restricts$ to s:0o a.m.
to 5:00 p.m., excluding Saturdays, Sundays and
holidays.
C. That a winter closure plan be finalized by the
owner/operator and ODFW.
D. That D8Q noise standards be met.
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0118-0466
E. That water rights stay on the property and be put
to a beneficial use for at least five years after
the surface mining operation.
F. That excavation be limited to five acres at any
one time with concurrent reclamation.
G. That the slope on the reclaimed land be no more
than 5:1.
H. That the reclaimed land be graded to allow
irrigation.
I. That vegetative screening be supplied to the
greatest extent possible and in the best available
manner.
J. That public works be consulted regarding the
cumulative impacts on Johnson Road due to mining
activities on the site and other sites.
K. That a new access be constructed at the northwest
portion of the site.
2. Developer shall most the following requirements of the
County Public Works Department:
A. Developer shall obtain an access permit for their
point of access on Johnson Road.
B. The access to Johnson Road shall be north of the
bridge on Johnson Road located in the northeast
corner of Township 17 East, Range 11 south,
Section 14.
C. The haul road leading from the site to Johnson
Road shall be paved with a dust free surface for a
distance of 200 feet from Johnson Road.
D. Developer shall clean up any resource material
that is spilled onto Johnson Road from trucks
leaving this mining site.
3. Developer shall cover all loaded trucks with a tarp
prior to entering Johnson Road.
4. Developer shall keep a water truck on-site during
mining operations for control of fugitive dust along
on-site haul roads.
5. All dust and noise from the operation must meet DEQ and
EPA standards.
0118-046'7
6. Developer shall determine the specific combination of
mitigation measures for reducing noise levels prior to
obtaining a use permit from Deschutes county.
7. Developer shall. install "supplied" vegetative screening
along the southeastern corner of Area 1 as needed to
meet the screening standards described in
Section 18.52.110 of the County Code. Vegetation that
is planted shall be six feet or higher and spaced no
more than six feet apart at the commencement of mining
in Area 1.
S. Developer shall request the issuance of a use permit
from the Planning Division prior to commencement of any
surface mining activities when it has been determined
that all elements of the approved site pian required in
preparation for mining have been completed. ESEE
Conditions C. J and K and recommended Condi i No.
2(A), 2(C), 61 7 and 14, 16 and 17 (items) and
(D), specifically) shall be met prior to ssuanoa of
the use permit.
9. Developer shall submit a noise analysis prepared by a
qualified engineer within 60 days of commencing.
excavation and hauling operations in Area i to
demonstrate that sound levels do not exceed DEQ
standards. Additional noise analysis for Area 1 shall
be submitted when reclamation occurs, if this does not
occur within the initial reporting period. Additional
noise analyses shall be submitted in a like manner when
excavation, hauling and reclamation activities commence
in Area 2.
10. Developer shall complete reclamation activities
annually for each area mined in accordance with the
reclamation plan approved by DOGAMI, and the applicable
provisions of the ESEE analysis.
11. Developer shall conduct all aspects of the mining
operation in conformance with the provisions of Section
18.52.110 (A -P), General Operation Standards, of the
Deschutes County Code as described above in this
decision.
12. Developer shall remove all surface mining equipment and
related structures from the mining site within thirty
(30) days of completion of all mining and reclamation.
13. Developer shall apply to Deschutes County to rezone the
subject property after the site has been reclaimed in
accordance with the reclamation plan approved by DOGAMI
and the County.
0118-0468
14. Developer shall sign and enter into a Development
Agreement with Deschutes County to ensure that all
elements of the site plan shall be implemented.. and
conducted as approved. This Development Agreement
shall be approved by county counsel and recorded with
the County clerk prior to issuance of the use permit.
15. If the Hamper well is impacted by declining water
levels or reduced yield, the applicant shall be
required to mitigate the impact by either deepening the
well, upgrading the pump or connecting said residence
to a community water system.
16. Dev loper shall enter into a Road Maintenance. Agreement
prior to the issuance of a use permit in a form
mutually acceptable to the developer and Public Works
to address that portion of Johnson Road north of the
site to the Developer's processing plant in Tumalo.
17. Developer shall implement and follow the klippel Acres
Wildlife Mitigation Plan prepared by Glenn R. Adams
which has been accepted by 4DFW.
18. A screening operation will not be permitted on-site.
19. All truck traffic exiting the site carrying aggregate
materials will travel north on Johnson Road to Tumalo
for processing at Developer's processing plant.
20. Developer shall operate in conformance with its site
plan application including its transportation component
except as specifically modified by these conditions of
approval."
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0118-0469
WE THE UNDERSIGNED DO HEREBY AGREE TO THE PROPOSED
STIPULATION BETWEEN APPELLANTS ALLEN/NIEDZWIECKE AND CLR, INC.,
REGARDING DESCHUTES COUNTY CASE A-92-2 (KLIPPEL SITE) AND FURTHER
AGREE NOT TO FILE AN APPEAL IF THE DESCHUTES COUNTY COMMISSION
ADOPTS THE STIPULATED FINDINGS PROPOSED BY APPELLANTS AND CLR,
INC., AS SUMMARIZED IN THE ATTACHED LETTER DATED 4/24/92 FROM
NANCY CRAVEN TO GREG HENDRIX:
Print Name I Signature 1 Address /`� Date
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0118-04'70
WE THE UNDERSIGNED DO HEREBY AGREE TO THE PROPOSED
STIPULATION BETWEEN APPELLANTS ALLEN/NIEDZWIECKE AND CLR, INC.,
REGARDING DESCHUTES COUNTY CASE A-92-2 (KLIPPEL SITE) AND FURTHER
AGREE NOT TO FILE AN APPEAL IF THE DESCHUTES COUNTY COMMISSION
ADOPTS THE STIPULATED FINDINGS PROPOSED BY APPELLANTS AND CLR,
INC., AS SUMMARIZED IN THE ATTACHED LETTER DATED 4/24/92 FROM
NANCY CRAVEN TO GREG HENDRIX:
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0118-04'71
WE THE UNDERSIGNED DO HEREBY AGREE TO THE PROPOSED
STIPULATION BETWEEN APPELLANTS ALLEN/NIEDZWIECKE AND CLR, INC.,
REGARDING DESCHUTES COUNTY CASE A-92-2 (KLIPPEL SITE) AND FURTHER
AGREE NOT TO FILE AN APPEAL IF THE DESCHUTES COUNTY COMMISSION
ADOPTS THE STIPULATED FINDINGS PROPOSED BY APPELLANTS AND CLR,
INC., AS SUMMARIZED IN THE ATTACHED LETTER DATED 4/24/92 FROM
NANCY CRAVEN TO GREG HENDRIX:
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4118-0472
WE THE UNDERSIGNED DO HEREBY AGREE TO THE PROPOSED
STIPULATION BETWEEN APPELLANTS ALLEN/NIEDZWIECKE AND CLR, INC.,
REGARDING DESCHUTES COUNTY CASE A-92-2 (KLIPPEL SITE) AND FURTHER
AGREE NOT TO FILE AN APPEAL IF THE DESCHUTES COUNTY COMMISSION
ADOPTS THE STIPULATED FINDINGS PROPOSED BY APPELLANTS AND CLR,
INC., AS SUMMARIZED IN THE ATTACHED LETTER DATED 4/24/92 FROM
NANCY CRAVEN TO GREG HENDRIX:
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0118-0473
WE THE UNDERSIGNED DO HEREBY AGREE TO THE PROPOSED
STIPULATION BETWEEN APPELLANTS ALLEN/NIEDZWIECKE AND CLR, INC.,
REGARDING DESCHUTES COUNTY CASE A-92-2 (KLIPPEL SITE) AND FURTHER
AGREE NOT TO FILE AN APPEAL IF THE DESCHUTES COUNTY COMMISSION
ADOPTS THE STIPULATED FINDINGS PROPOSED BY APPELLANTS AND CLR,
INC., AS SUMMARIZED IN THE ATTACHED LETTER DATED 4/24/92 FROM
NANCY CRAVEN TO GREG HENDRIX:
NANCY CRAVEN
Mr. Greg Hendrix
Hendrix & Chappell
716 N.W. Harriman
Bend, OR 97701
go:
Dear Greg:
SALL.JAN1K B. NOVACK
ATTORNCYs AT LAW
ONE MAIN PLACE
101 S. W. MAIN STRLET, SUITE IfCO
PORTLAND, OREGON 07204-3274
TEI.CPNONK (505) !!4-SSis
T[LLCOPY (d Os) 295-105a
April 24, 1992
0118-0474
IOr, P600R,1101 PtNNSYWANIA AV!
WASMINOTON, 0. C. 00004
TRLCPNONR 18091435-0907
TRLRCOPY 42621763-0447
In accordance with our telephone conversations, I am
writing to summarize the terms of the settlement agreement
between your clients!, the Appellants in the above -referenced
matter and the Applicants, Band Aggregate and paving and CLR,
Inc. represented by this office (hereinafter referred to as "the
Parties").* This letter is intended to outline the terms of the
agreement, its contingencies, and the necessary documentation of
the stipulated conditions of approval of Bend Aggregate's site
plan application for adoption by the Board of Commissioners.
As discussed, the Parties have agreed to the following
settlement terms:
1. The Parties will jointly submit stipulated conditions
of approval for adoption by the Board of Commissioners
as part of the Board's order and decision approving the
Applicants' site plan application for the Klippel site.
2. The stipulated conditions of approval will include the
following:
(a) The Hearings Officer's order shall be modified as
necessary to exclude a screening operation on
site.
6ALL,.JANIK & NOVACK
Mr. Greg Hendrix
April 24, 1992
Page 2
0118-0475
(b) The Hearings Officer's order shall be modified to
provide that all truck traffic exiting the site
carrying aggregate materials for processing will
travel north to Tumalo for processing.
(e) Modifications to the Hearings Officer's decision
shall be made to reflect that the Applicants has
no responsibility for road or bridge maintenance
for any portion of Johnson Road south of the
Klippel site. Any reference to road/bridge
maintenance agreements for that portion of Johnson
Road shall be deleted from the site plan approval.
(d) Amendments will be made to the Hearings Officer's
decision to incorporate the recommended revisions
to the conditions of approval suggested by the
staff memorandum to the Board of Commissioners
dated April 13, 1990.
(e) The findings and Board of Commissioner's order of
approval shall reflect approval of the Applicants'
proposed operation and transportation plan as
submitted in its site plan application and
approved by the Hearings Officar,.excluding the
screening operation on Gita and the southbound
transport of screened material on Johnson Road.
(f) All other conditions of approval contained in the
Hearings Officer's decision will be incorporated
in the Board of Commissioner's order.
3. This agreement is contingent on the Appellants,
submitting to the Applicants written documentation
confirming that the Appellants and any other person who
participated in this land use appeal (by submitting
written or oral testimony to the Board of
Commissioners) has agreed that he/she will not file an
appeal to the Land Use Board of Appeals challenging the
Board of Commissioner's adoption of the stipulated
conditions of approval. Appellants agree to submit
such documentation to the Applicants prior to 11t00
a.m. Monday, April 27, 1992.
4. This agreement is contingent on the Board of
commissioner's adoption of the stipulated conditions of
approval with no amendments, additions, or deletions
thereto.
r
BALL, JANlK & NOLACK
Mr. Greg Hendrix
April 24, 1992
Page 3
0118-0476
5. The Parties have agreed that no submittals other than
the stipulated conditions of approval will be made to
the Board of Commissioners for inclusion in the land
use record in this matter.
6. The Parties agree that if the Board of commissioners
fails to adopt the stipulated conditions of approval as
submitted, than at the election of the Applieants,.the,
agreement shall be terminated and shall not be binding
on the Parties.
7. It was further agreed that this office will prepare a
joint stipulation outlining the conditions of approval
for the Applicants' site plan application which will be
submitted to the Board of Commissioners for adoption as
part of the decision and order in this matter.
Please give me a call at your earliest convenience if
this letter does not accurately reflect your understandin of the
Parties' agreement. I expect to telecopy to you a draft tint
stipulation of the conditions of approval on Friday. T will than
be available to finalize and revise the draft as necessary in
order to permit preliminary review by the Board on Monday
morning.
I look forward to hearing from you.
Very truly yours,
Nancy Cr an
NC\blh
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