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2005-1163-Minutes for Meeting October 10,2005 Recorded 10/12/2005COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS U 2005.1163 COMMISSIONERS' JOURNAL 10/12/2005 08;51;07 AM IIIIIII IIIIIIIIIIII VIII I 111111 2005-1163 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF SPECIAL WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, OCTOBER 10, 2005 Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend Present were Commissioners Tom De Wolf, Michael M. Daly and Dennis R. Luke. Also present were Laurie Craghead, Legal Counsel; Catherine Morrow and Paul Blikstad, Community Development Department. No representatives of the media or other citizens were present. The purpose of the meeting was to discuss a decision regarding a request for approval of a plan amendment and zone change from exclusive farm use to surface mining (location: Horse Ridge subzone; Millican area — Applicant: 4-R Equipment, LLC/Robinson). Chair Tom De Wolf opened the meeting at 9:05 a.m. Paul Blikstad gave an overview of the action taken at the August 23 public hearing. The record was left open until September 30 so that written testimony could be received and rebutted; the record is now closed. Staff is looking for direction on how to proceed with the decision-making process. The applicant waived the review time limit but staff would like to close out this file. Commissioner Luke agreed that the site needs to be put on the County's aggregate inventory list. The State will likely require this anyway. Paul Blikstad stated that one decision is whether the site is a significant resource. If it is, Statute says that it will have to go on the Goal 5 aggregate inventory list. Minutes of Special Work Session regarding Millican Valley - Surface Mining Decision Monday, October 10, 2005 Page 1 of 3 Pages He said the second decision is whether the Board agrees with the impact area that the Hearings Officer determined. She expanded it to include several areas, including the Walker property where pictographs are found, and the Pine Mountain Observatory. She found that the facts presented justified it being well beyond the original impact area. Commissioner Luke asked if the impact area is required to be that big. Laurie Craghead replied that Statute doesn't define how big the impact area should be. Chair DeWolf stated that he is not ready to make a decision today; he has not yet had a chance to read the applicant's final letter. Commissioner Luke asked that staff prepare a short memo regarding the impact area and what is required by Statute. Commissioner Daly added that it would be helpful for staff to list the decisions to be made so they can be addressed one by one. Ms. Craghead said that the opponents are arguing that the applicant should have had to do an ECEE analysis. Chair DeWolf stated that he is not an expert in these types of things, but an ECEE analysis would help answer questions more thoroughly. Mr. Blikstad noted that he didn't think it could be run through the site plan review process as it is written; an ECEE analysis would give staff guidance. Commissioner Daly asked about limiting the impact area. Ms. Craghead replied that the impacts within 1500 feet would still need to be determined. Mr. Blikstad was directed to submit a summary to the Board describing justification for an ECEE, and how it would affect precedence and in what ways it would assist staff. No Board decisions were made at this meeting. Being no further testimony given, Chair DeWolf adjourned the meeting at 9:25 a.m. Minutes of Special Work Session regarding Millican Valley - Surface Mining Decision Monday, October 10, 2005 Page 2 of 3 Pages DATED this 10th Day of October 2005 for the Deschutes County Board of Commissioners. To DeWolf, Chair ATTEST: Recording Secretary 44 �v z cxlw"'a i ael.Daly, C mmissioner R. Luke, commissioner Minutes of Special Work Session regarding Millican Valley - Surface Mining Decision Monday, October 10, 2005 Page 3 of 3 Pages