Washington County, Oregon

Transcription

1 Board of Commissioners last update: April 10, 1998 Washington County, Oregon MINUTES WASHINGTONN COUNTY BOARD OF COMMISSIONERS MARCH 10, 1998 CONVENED: 10:20 a.m. BOARD OF COMMISSIONERS: Chair Linda Peters Vice Chair Kathy Christy (Left at 11:30 a.m.) Commissioner Kim Katsion Commissioner Roy Rogers Commissioner Andy Duyck STAFF: Charles D. Cameron, County Administrator Dan Olsen, County Counsel Alan Rappleyea, Assistant County Counsel John Rosenberger, Director, LUT Brent Curtis, Planning Division Manager, LUT Hal Bergsma, Senior Planner, LUT Joanne Rice, Senior Planner, LUT Jim Tice, Senior Planner, LUT Mark Brown, Principal Planner, LUT Scott King, Senior Planner, LUT Bill Gaffi, General Manager, USA Susan Wilson, Director, Housing Services Jeff Friend, Audio/Video Specialist Barbara Hejtmanek, Recording Secretary PRESS: Dick Colby, The Oregonian Don Hamilton, The Oregonian APPROVAL OF MINUTES: February 10, 1998 February 17, 1998 February 24, CONSENT AGENDA

2 Chair Peters announced the following modifications to the Consent Agenda: Item d. is removed from todays agenda. There is a replacement item g. It was moved to approve the Consent Agenda, noting the above. Motion - Rogers 2nd - Katsion Vote UNIFIED SEWERAGE AGENCY 1.a. USA RO 98-8 EasementsApproval of Acquisition (Approved Under Consent Agenda) 1.b. USA RO 98-9 Metzger Trunk -- Declaration of Necessity and Purpose for Acquisition of Certain Real Property (CPO 4M) (Approved Under Consent Agenda) 1.c. USA MO Forest Grove and Hillsboro Facilities Improvements (1793, 4041, 4411) -- Approval of Partial Release of Retainage (Approved Under Consent Agenda) 1.d. USA MO Durham Wastewater Facility Phase 3 Improvements (4793) Authorization to Sign Amendment No. 4 to Master Agreement For Engineering Services (Removed From Consent Agenda) 1.e. USA MO Rock Creek Wastewater Treatment Plant Facility Phase 5 Improvements (4793) -- Authorization to Sign Amendment No. 2 to Master Agreement for Engineering Services (Approved Under Consent Agenda) LAND USE AND TRANSPORTATION 1.f. RO 98-36

3 SW Bantam Avenue Local Improvement District -- Set Public Hearing to Levy Assessments (Approved Under Consent Agenda) 1.g. MO Beef Bend/Elsner/Scholls-Sherwood from Scholls Ferry to Highway 99W -- Approve Amendment No. 3.0 with CH2M-Hill For Preliminary Engineering and Final Design (Approved Under Consent Agenda) COUNTY ADMINISTRATIVE OFFICE 1.h. MO Authorize Settlement with Grande Ronde Tribe Regarding O&C Timber Receipts (Approved Under Consent Agenda) HEALTH AND HUMAN SERVICES 1.i. RO Accept Revision 8 to the Intergovernmental Agreement with the Oregon Health Division; Approve a Resolution and Order Increasing the Department Appropriation by $32,321 (Approved Under Consent Agenda) HOUSING AUTHORITY The following actions were taken as the Board of Directors for the Housing Authority -- a County Service District. 1.j. HA MO 98-2 Award Bid for Construction -- Remodel of Seven Dwellings for Accessibility, Project #98017-B (Approved Under Consent Agenda) 1.k. HA MO 98-3 Amend Annual Contributions Contract, Section 8 Certificates (Approved Under Consent Agenda) 1.l. HA RO 98-4 Intent to Reimburse Expenditures Incurred in Issuance of Housing Revenue Bonds -- For Briarcreek Apartments (Approved Under Consent Agenda) 2. ORAL COMMUNICATION (2 MINUTE OPPORTUNITY)

4 Patricia Miller, N.W. Cornell Road, Portland, Oregon, said she lives at the intersection of the new Cedar Hills Extension and Cornell Road. She stated her belief that the pedestrian bridge in Cedar Hills should have been located across Cornell Road. Ms. Miller did not think it was smart to place the bridge across two dead end streets. With tears in her eyes, she told the Board how she fears for the safety of her baby when he someday tries to cross the busy street on his own. Ms. Miller encouraged the public to comment on where and how money is spent in the County. Items 5.a. and 4.a. were taken out of order in the belief that they could be dispensed with quickly, thereby allowing certain staff to return to work. 5. UNIFIED SEWERAGE AGENCY 5.a. USA MO Reappoint Two USA Advisory Commission Members for Their Second Term There was a motion to reappoint Walt Gorman and Dan Logan to the USA Citizen Advisory Commission for a second term. Motion -- Rogers 2nd -- Duyck Vote PUBLIC HEARING -- LAND USE AND TRANSPORTATION 4.a. RO NW Cedar Canyon Road (A Portion of CR 497) Legalization of the Road as County Road No John Rosenberger explained that as part of a bridge replacement project, the County determined that a bridge and a portion of the roadway were outside the existing right-of-way. He said that this item would re-establish the right-of-way in the area as it is traveled. The public hearing was opened. No public testimony was offered. The public hearing was closed. It was moved to approve the Resolution and Order legalizing the as traveled alignment of N.W. Cedar Canyon Road as County Road No This legalization is to become final after the monumentation of the roadway and the filing, in the County Surveyors Office, of the Proposed Record of Survey.

5 Motion -- Duyck 2nd -- Christy Vote PUBLIC HEARING -- LAND USE AND TRANSPORTATION/COUNTY COUNSEL 3.a. MO First Reading and Public Hearing -- Proposed Land Use Ordinance No Amendments to the Rural/Natural Resource Plan by Applying the Mineral & Aggregate Overlay District to a Quarry Site Two Miles Northwest of Forest Grove There was a motion to read Proposed Land Use Ordinance No. 499 by title only. Motion -- Rogers 2nd -- Christy Vote Alan Rappleyea read the proposed ordinance by title. Brent Curtis recalled that this ordinance was initiated last year and has had several hearings by the Planning Commission. He reviewed that two sides have actively participated in the process--the Quarry Operator and the Quarry Action Group. Mr. Curtis reported that the Quarry Operator and the Quarry Action Group have come to an agreement, which may form the basis of an easier and more straightforward hearing. He said it is important to provide persons who are not parties to that agreement an opportunity to speak today. Mr. Curtis stated that an engrossment of the ordinance would be required if the Board finds favor with the agreement. Jim Tice provided a staff report on Proposed Land Use Ordinance No He reported that Ordinance 499 basically incorporates all of the previous record for Ordinance 492. Mr. Tice acknowledged receipt of new information from 1) the Department of Land Conservation and Development, and 2) Analysis by Bob Van Brocklin of key issues. He described changes which would result from engrossing Ordinance 499. Brent Curtis pointed out that he has not seen a copy of the agreement yet. He asked that staff be allowed time to analyze the agreement in the event that the Board decides to engross Proposed Ordinance No. 499 today. Board Disclosures Commissioner Katsion divulged that she talked with Councilor Rod Fuiten of Forest Grove about the traffic impacts of Ordinance 499. She did not feel this conversation swayed her opinion. Commissioner Christy disclosed that she made a site visitation at which a representative

6 of each side was present. Commissioner Rogers reported that he has received numerous letters and two phone calls. He explained that he did not return either call in an effort to avoid prejudicing the issues. Commissioner Duyck said he has spoken to many people on both sides of the issue. He noted that since he views this matter as a legislative matter, he cannot make a good decision without the knowledge both parties can provide. Chair Peters disclosed that she has not talked to anyone on either side about this ordinance for many months. She said she tried to reach Bob Van Brocklin yesterday in an effort to find out if an agreement had been reached but did not receive a call back from him. Alan Rappleyea emphasized that this is a legislative procedure but that the Board is making disclosures as an extra precaution. He encouraged members of the audience to raise concerns about disclosures during their testimony. Brent Curtis commented that it is up to the Board to decide how long to hear testimony today. Chair Peters reviewed that ordinance time limits are three minutes for individuals and twelve minutes for a group. She asked both attorneys to come forward to comment on whether this appears adequate for their presentations. Bob Van Brocklin, Attorney, 900 S.W. Fifth Avenue, Portland, Oregon, represented West Side Rock. From his perspective, he needed 25 minutes or so to provide an adequate presentation. John Junkin, Attorney, Bullivant Houser Bailey, 888 S.W. Fifth Avenue, Portland, Oregon, represented individual members of the Quarry Action Group (QAG). He intended to make brief comments regarding the settlement agreement today. Mr. Junkin informed the Board that two individuals who previously testified as QAG representatives wish to testify today instead on an individual basis. Commissioner Katsion preferred to stick with the time limits called for in the Boards ordinance procedures. Commissioner Christy felt it was important to hear all the details of this agreement. Chair Peters decided to give each attorney twelve minutes at the outset. She then planned to ask the attorneys to provide a joint report of indeterminate length relative to the proposed agreement. Chair Peters said that general testimony would follow the attorneys presentation. Bob Van Brocklin, Attorney, appeared with client John Malnerich, President, West Side Rock, as well as several consultants. Mr. Van Brocklin thanked the Board for initiating Ordinance 499. He summarized that Ordinance 499 would 1) apply the County mineral and aggregate overlay district to the Parkin Quarry extension area and 2) remove the Countys significant wildlife habitat designation in the extension area. Mr. Van Brocklin said the site is located about 3 miles northwest of Forest Grove outside the city limits and

7 outside the UGB. He noted the quarry has been in operation off and on for decades. Mr. Van Brocklin stressed that this is an existing approved quarry. He identified the current quarry as being in the EFU zone while the extension area is in the EFC zone. Mr. Van Brocklin mentioned that the quarry is a rural use in a rural area. Using a series of maps, he showed the Board the existing quarry, the buffer zone, the extension area, etc. Mr. Van Brocklin emphasized that the existing quarry and its operations are not the subject of this ordinance. He then summarized the requirements of Goal 5 as follows: Step 1 -- Complete Application Step 2 -- Significant Aggregate Resource Step 3 -- Impact Area Step 4 -- Minimization Step 5 -- If Adverse Impacts are not Minimized Step 6 -- Plan to Implement Decision to Allow Mining Step 7 -- Determine Post Mining Use Step 8 -- Determine Whether to Allow, Limit or Not Allow New Conflicting Uses within the Impact Area Please see Meeting File for a copy of Mr. Van Brocklins handout regarding Goal 5 requirements. Mr. Van Brocklin reiterated that impacts can only be examined within one mile and that only very specific problems can be considered, such as sight distance, level of service, capacity of the road, and average daily trips. Following an extensive examination of Goal 5 requirements, he concluded that West Side Rock has met or exceeded all Goal 5 requirements. Mr. Van Brocklin asked that this ordinance be adopted. John Junkin, Attorney for the Quarry Action Group, confirmed that an agreement has been reached with the applicant. Pursuant to that agreement, he said that the Quarry Action Group will not oppose Ordinance 499 if engrossed. Mr. Junkin clarified that the Quarry Action Group will support the engrossment of the ordinance and will not oppose the ordinance itself. He explained that the core leadership of the Quarry Action Group are those individuals who appeared before the Board with opposition testimony to Ordinance 492. Mr. Junkin related that the core leadership participated in negotiation of a settlement with the applicant. He said that the majority of the core leadership has reached agreement; however, a couple of Quarry Action Group members have decided not to agree to the settlement agreement. Mr. Junkin identified four core leadership members who do agree with the settlement agreement. He did not wish to characterize the agreement as one which settles all issues for all parties. Mr. Junkin reported that the Quarry Action Group wanted to address the following issues in the agreement: Size of District A and B Mr. Junkin said that the Quarry Action Group asked for and received agreement for the size of District A to be reduced by drawing it back to 100 feet south of the ridge line along the property. John Junkin explained that the other issues addressed in the agreement will have to be carried out by findings adopted by the Board with this ordinance and as those findings are incorporated in the development review application as conditions.

8 Noise Mr. Junkin acknowledged that there are often problems with enforcement of noise issues. He said the settlement agreement calls for the applicant to perform noise monitoring four times per year the first year and semi-annually thereafter. Mr. Junkin related that the applicant has agreed to allow the Quarry Action Group to select (from a list of three) an acoustical engineer to conduct the testing and to identify two of the sites from which testing would be done. In addition, Quarry Action Group could observe the testing. Mr. Junkin said these results would be presented to the County and any other enforcement agency on noise. Water Quality Mr. Junkin reported that Mr. Malnerich has agreed that there will be four water quality tests the first year and semi-annually thereafter. He explained that a baseline for water quality would established and tests performed for turbidity, suspended solids, and hydrocarbons. Mr. Junkin said that Quarry Action Group will select a consultant from a list of three and will be observers in the process. Hours of Operation Mr. Junkin informed the Board that present hours of operation at Parkin Quarry are 6 a.m. to 8 p.m. He related that operations that tend to be loud will be limited to 6:30 a.m. to 6:30 p.m. on weekdays and from 6:30 a.m. to 2:30 p.m. on Saturdays. Mr. Junkin told the Board that Mr. Malnerich has offered to present to the Quarry Action Group a noise mitigation plan and then to implement that plan. This plan is to be submitted no later than July 1, In the event that the plan is not submitted and implemented by that date, the applicant is to cease all loading and crushing activities until implementation has been achieved. Mr. Junkin related that the agreement says that the Quarry Action Group will not appeal Ordinance 499 as engrossed. He recognized that a couple of Quarry Action Group members have not signed the agreement and if they appeal, Mr. Malnerich will no longer be obligated to fulfill the terms of this agreement. Mr. Junkin briefly described other conditions of the agreement. He asked the Board to proceed with engrossment TODAY. Bob Van Brocklin joined John Junkin at the testimony table at the request of Chair Peters. Both attorneys responded to Board questions. Mr. Van Brocklin clarified that the applicant is willing to accept the change with respect to Zones A and B as a part of the agreement, in which concessions were made on both sides. He agreed with Mr. Junkin that the settlement document is a good way to resolve the issues and that engrossment should occur today. Mr. Van Brocklin submitted a group of materials, which may be found in the Meeting File. Linda Ficere, P. O. Box 849, Forest Grove, Oregon, submitted handouts, which may be found in the Meeting File. She testified as an individual. Ms. Ficere stated her belief that citizens need to be commended for all their efforts throughout this process. She regarded expansion of the quarry to be inconsistent with existing land uses. Ms. Ficere felt that

9 expansion would impact resources and would be inconsistent with the development in the area. She told the Board that the applicant has failed to identify and demonstrate adequate mitigation. Ms. Ficere listed many such failures, from her point of view. She could not figure out why the Board would approve an expansion for a quarry which allegedly has existing problems. Ms. Ficere asked the Board not to approve the expansion and to consider the conditions she submitted today. She said that positive changes at the quarry have only occurred through the efforts of citizens. Nancy Spieler, th Place, Forest Grove, Oregon, specified that she is not a member of the Quarry Action Group. She did not think proponents of the ordinance have proven the significance of the rock resource. Ms. Spieler perceived a conflict between the quarry use and significant wildlife habitat/water areas. She found justification for a full Economic Social Environmental and Energy Analysis (ESEE). Ms. Spieler was especially concerned about impacts to the water areas and fish species. She said the areas contain habitat for native steelhead, a species that is currently being considered for listing under the endangered species act. Ms. Spieler believed that the added condition of the buffer offers some protection but thought that the buffer would be invaded by a road crossing to allow extraction activity to take place in the southeast corner. She stated that a buffer should have no activity within its boundaries. Ms. Spieler alleged that the quarry operator has an extensive history of non-compliance with State law regarding operation of his quarry. She asked the Board to reject Ordinance 499. Maris Graube, 4277 N.W. One-Half Mile Lane, Forest Grove, Oregon, identified himself as a direct neighbor of the quarry. He showed the Board a series of maps and an aerial photograph in an attempt to cast doubt on the adequacy of the current proposal. Mr. Graube told the Board that it is making a decision about the quarry using inadequate and erroneous information. He stated that his information is contained in the material forwarded by the Planning Commission. Rod Fuiten, Councilor, City of Forest Grove, Oregon, asked for and received twelve minutes of speaking time since he represents a group (the citizens of Forest Grove). He informed the Board that his Council last evening adopted Resolution 98-11, a Resolution Opposing the Adverse Impact to Forest Grove from the Expanded Parkin Quarry. (Resolution may be found in the Meeting File.) Mr. Fuiten said the Councils concerns revolve around the issue of transportation. He discussed the bypass project, which is funded by the State, County, and City. Mr. Fuiten said the project is intended to facilitate the movement of commodities, with a secondary benefit of the removal of congestion from Forest Grove. He anticipated a significant decrease in Forest Grove traffic when the bypass is completed. Mr. Fuiten told the Board his constituents demand that trucks from the quarry do not drive through Forest Grove. He regarded Forest Groves plan for a pedestrian-friendly environment to be incompatible with heavy industrial truck traffic. Mr. Fuiten said that citizen demand will cause truck traffic to be banned once the bypass is complete and the area of 19 th & Pacific is returned to the jurisdiction of the City of Forest Grove. Karl Mawson, 1924 Council Street, Forest Grove, Oregon, spoke as part of Councilor Fuitens presentation. He described the Citys plans to improve the downtown area of Forest Grove. Mr. Mawson called attention to the economic impact on the downtown area by the amount of truck traffic in the area. He said the pedestrian-friendly design of

10 downtown Forest Grove conflicts with truck traffic. Commissioner Duyck was sympathetic to the truck problem in Forest Grove but he did not think the answer to the truck traffic problem would be to stop all resource traffic outside the downtown area. He wondered if an east/west bypass would be a solution to achieving the goals expressed by the City of Forest Grove. Councilor Fuiten said the problems could all be fixed if there were unlimited resources. He wanted to be sure the County, City, and State work together to cure these problems. Commissioner Rogers asked Councilor Fuiten to elaborate on his request to the Board. Mr. Fuiten responded that the consensus of the Council was the recognition that an increase in heavy industrial truck traffic would be highly negative to Forest Grove. He said mitigation would have to involve routing of this truck traffic away from downtown Forest Grove. Commissioner Duyck asked the Office of County Counsel to comment on the Countys legal authority to condition the quarry. Alan Rappleyea pointed out that the requirements of Goal 5 limit the impact area to one mile of the nearest intersection listed on the traffic plan. He noted that Goal 12 (transportation planning) must be met as well. Mr. Rappleyea stated that the County is limited as to the kind of conditions it can impose on the applicant outside of that impact area. Commissioner Rogers asked the applicant to address 1) the testimony just provided by the City of Forest Grove, and 2) the presentation provided by Maris Graube. Bob Van Brocklin said he has addressed the letter from the City of Forest Grove previously. However, he said this is the first he had heard of the City Councils action. Mr. Van Brocklin would have appreciated some communication from this body sometime in the last week. Also, he stated that Mr. Graube did not share the elements of todays testimony with him during a meeting on Saturday. Mr. Van Brocklin was a bit annoyed with the lack of communication he has encountered recently. He told the Board that he is not talking about increase in truck traffic; this should remain about what it has been in the past. Mr. Van Brocklin stated that the City of Forest Grove is a customer of John Malnerichs. He saw some inconsistency in being both customer and critic. Mr. Van Brocklin told the Board that facts and law ought to govern todays decision. Peter Coffey, DKS Associates, 921 S.W. Washington Street, Portland, Oregon, reiterated that the Goal 5 requirements limit the analysis area to one mile within the site. He reported that the volume of truck traffic coming out of the site will vary by month of year and will be market-driven. Mr. Coffey said that his traffic analysis was based on those conditions. He testified that the plan for through-truck routes was developed with full knowledge of the bypass going into place. Dan Olsen now took over for Alan Rappleyea, who left to attend a LUBA appeal. Mr. Olsen said that the Goal 5 rules for aggregate resources specifically use the parameters of one mile or the nearest intersection (whichever is longest) for the Board to examine and utilize to impose conditions. He related that the Goal 12 rules would allow a broader analysis but he was of the opinion that the much more specific, more recently adopted

11 mineral and aggregate rules apply. Mr. Olsen noted that staff did look at Goal 12 analysis; it was his understanding that the impacts were found to be within Goal 12 parameters. David Newton, President, David Newton Associates, 1201 S.W. 12th Avenue, Portland, Oregon, identified himself as a geologist. He responded to Commissioner Rogers concerns about the apparent inconsistencies in the applicants and Mr. Graubes presentations. Mr. Newton pointed out that he is not a registered land surveyor and does not take existing information down to that level of precision at this point in the process. He said he made use of all existing GIS information that was obtained from Washington County. He testified that allowances were made for the quantities of resources available at the site. Mr. Newton said he allowed up to 120 feet in discrepancy and that his estimates were up to 5 million tons. He stated that even if he gave Mr. Graube the benefit of the doubt, it is still clear that the minimum of 2 million tons has been exceeded. Bob Van Brocklin said it is his understanding that Mr. Graube has filed a complaint with the County through the code enforcement provision. He believed that to be the proper forum for that complaint. Commissioner Rogers asked for reassurance as to the consistency of boundaries and setbacks. Bob Van Brocklin informed the Board that Mr. Malnerich has agreed to pay for a survey of the ridge line. He added that the boundaries of the extraction area described in the agreement will be staked to the north of the ridge line. Chair Peters observed that there is a high likelihood that additional testimony/analysis will lead to changing some portion of the ordinance, which would require another engrossment. In light of this, she wondered if the attorneys would rather invest a week or two now to allow time for Board and staff analysis prior to engrossment. Bob Van Brocklin was comfortable with this but wanted to ensure that this would not be contrary to his agreement with Quarry Action Group. John Junkin stated that the issues brought forward by citizens would lead, if anything, to conditions which would ultimately be addressed in the findings during development review. He did not view any of the issues raised as part of the ordinance itself. Mr. Junkin requested that the Board direct engrossment limiting District A and B today, with the understanding that there may be findings adopted to address other peoples issues. Bob Van Brocklin pointed out that most of the public testimony dealt with the existing site and that there is a complaint process for those concerns. Jim Tice commented that Mr. Graube showed maps from a multitude of different sources of data. He observed that tax maps in the rural area are notoriously inaccurate because most large pieces of property are not surveyed in the rural area. Mr. Tice suggested that Mr. Malnerich include the pieces of equipment and other disputed items in the survey to help clear up confusion. Brent Curtis stated that the structure of the agreement calls for most of the conditions to be found in the findings, which the Board can keep refining up to the time of adoption.

12 He clarified that the engrossment goes into the ordinance; the findings can be changed. It was moved to direct engrossment of Proposed Land Use Ordinance No. 499 per the negotiated agreement and to direct staff to provide public notice for further hearings to occur regarding this ordinance on April 7, 1998 and April 28, Motion -- Rogers 2nd -- Katsion Vote (Christy absent) Brent Curtis summarized that what will be engrossed in the existing ordinance will be a new location for the boundary between the A District and the B District. He said that staff will obtain information about how to correctly portray that based upon a survey that Mr. Malnerichs company will provide the County. Mr. Curtis commented that additional conditions that are subject to the settlement agreement which was offered to the Board could go into the findings. He noted that the findings will be finalized by the time the ordinance is adopted. Chair Peters wanted to ensure that the Boards action correctly captures what the parties proposed for engrossment. John Junkin commented that the engrossment would not only modify the District A boundary but also the boundary of District B. Mr. Van Brocklin concurred and added that this would compensate for the setback. Brent Curtis said that staff intends to provide the Board with an assessment of the conditions on April 7, John Junkin pointed out that engrossment would also delete Condition 2, since that would no longer be required given the new boundary. Mr. Van Brocklin again concurred. 6. LAND USE AND TRANSPORTATION 6.a. MO Locational Adjustment to the Urban Growth Boundary Applicant: Jim Tsugawa Commissioner Katsion announced that she would abstain from this item due to the fact that her husband is employed by Kittelson & Associates, a firm which provided the County with a transportation impact analysis. She left the auditorium while this agenda item was in progress. Joanne Rice stated that this is an Urban Growth Boundary (UGB) adjustment for property located at the southeast corner of West Union Road and Cornelius Pass Road. She acknowledged receipt of 1) a letter from Daniel Chandler, representative of the applicant, clarifying that the site would likely develop within unincorporated Washington

13 County rather than the City of Hillsboro under the R-5 district, and 2) Addendum to the traffic report which addresses issues associated with the realignment of Jacobson Road and West Union Road. Ms. Rice now distributed a letter from the Unified Sewerage Agency regarding service information for sewer and storm water. (All three communications may be found in the Meeting File.) Ms. Rice reviewed that this site is approximately 15.5 acres and consists primarily of a filbert orchard. She related that all of the land south of West Union Road is currently within the UGB. Ms. Rice said that land to the south and east of the site is developed as a single-family subdivision and designated R-5. She reported that a local residential street and sewer line stub through the subdivision to the sites southern property line. Ms. Rice told the Board that the property on the west side of Cornelius Pass Road is in the City of Hillsboro and is designated industrial. Regarding review criteria, she stated that staff recommends that the Board forward a recommendation of denial of this request to Metro. Ms. Rice noted that the Planning Commission voted 5-4 to recommend approval of this request. Joanne Rice responded to Board questions. Commissioner Rogers recalled that the Board had a locational adjustment on its agenda last week, at which time he argued for not taking an opinion on it. He observed that only three Board members are present for this locational adjustment and stated his intent to vote in favor of taking no position on this matter. Commissioner Rogers wondered how his intended vote would impact todays decision. Dan Olsen stated that the Board needs three votes to take any action. He said that if the other two Commissioners do not agree with Commissioner Rogers position, the Board could not act. Mr. Olsen suggested that the Board continue the matter one week if this is the case. Commissioner Duyck wondered what would happen if the Board could not agree on any of the options. Dan Olsen responded that if the Board could not agree on any of the three options, staff would inform Metro that the Board could not come to a decision on this matter. He observed that this would be a default "no position" rather than a "no position" that is voted on by the Board. Chair Peters asked for an informal indication of each Commissioners position on this locational adjustment. Commissioner Duyck said that after listening to the Planning Commission tapes, he is inclined to take no position. Chair Peters took into account what she heard on the Planning Commission tapes and work she is doing at MPAC to ensure that land designated for urban reserve receives proper planning. Based upon these, she would have voted for denial. However, with two votes for "no position", Chair Peters saw a possibility for moving her vote in that direction. Commissioner Rogers explained that if he were at Metro and voting on this decision, he would have difficulty not denying the request. He spoke of the importance in looking at

14 the total picture, as Metro is assigned to do. Jeff Bachrach, Attorney, 1727 N.W. Hoyt, Portland, Oregon, represented the Tsugawa family. He said if the Boards inclination is to simply take a "no position" stand, he would not bother taking the time to make a substantive argument. Mr. Bachrach stated that if the Board is contemplating the possibility of "denial", then he would like the opportunity to address the issue fully. In deference to the late hour, Mr. Bachrach was willing to accept the Boards "no position" stance, understand the basis for it, and move on. There was a motion to provide a written statement to Metro recommending "no position" on the petition. Motion -- Duyck 2nd - Vote (Katsion and Christy absent) Commissioner Rogers wanted to be sure that the Planning Commission materials go forward to Metro so that a fully informed decision can be made at that level. Chair Peters was sorry that Mr. Bachrach had to sit through such a long meeting today for no purpose. Jeff Bachrach said the Tsugawa family has waited 26 years to be asked what they want to do with this property and that they will now wait for their next opportunity to speak at Metro. 6.b. MO Locational Adjustment to the Urban Growth Boundary Applicant: Michael Jenkins and Sang B. Kim Commissioner Katsion now re-joined the meeting. Hal Bergsma reported that the site in question is acres in size and is located north of Laidlaw Road and east of Kaiser Road. He said it is adjacent to properties previously approved for subdivisions. Mr. Bergsma stated that property to the east is inside the Urban Growth Boundary but is presently being farmed. He related that property to the north is in Multnomah County and is zoned partly for exclusive farm use and partly for rural residential development. Mr. Bergsma noted that the property is bounded on the south by power line easements owned by Portland General Electric and Bonneville Power Administration and on the west by a power line right-of-way owned by BPA. He said that if the UGB amendment is approved, it is likely that the entire site would be designated R-6 (residential, 6 units per acres), which would allow up to 113 units on the site. Mr. Bergsma told the Board the site is presently designated EFU (exclusive farm use) and is not located within an urban reserve area. (It was, however, within an urban reserve study area.) He stated that, according to the applicant, the site was inside the Urban Growth Boundary after it was established in Mr. Bergsma noted that the

15 owner agreed to take the property outside the boundary in 1982 to allow another property in at another part of the region. He reported that staff has evaluated the evidence in the application against Metro and County criteria established to consider proposed locational adjustments to the UGB. Mr. Bergsma stated that staff generally found the application to be lacking in sufficient evidence demonstrating compliance with these criteria. Therefore, he proposed that the Board recommend denial of this petition to Metro. Mr. Bergsma was particularly concerned with the lack of assured access to the subject site from adjacent urban properties which have been approved for development without provision of access to the subject site because it is outside the UGB and because it is presently designated exclusive farm use. He said that the Planning Commission voted 9-0 in favor of the Board recommending denial of this locational adjustment to Metro. Greg Malinowski, N.W. Springville Lane, Portland, Oregon, informed the Board that he farms the site immediately to the east of this proposal. He said he has a number of concerns with this request. (Please refer to letter from Mr. Malinowski located in the Meeting File.) Mr. Malinowski testified that there is a significant amount of water standing on the property during the rainy season. He was also concerned about how access to the property would be acquired. Mr. Malinowski did not want the access to damage farmland to the north and he did not want tax payers to have to pay for this access or to mitigate flood problems on the land. John Van Handel (name may be misspelled; did not sign in), N.W. Deerfoot, appeared with Steve J. Kim (did not sign in), N.W. Springville Road. Mr. Van Handel represented Mr. Jenkins and Mr. Kim represented his father and family. John Van Handel showed the Board photographs of the property under discussion. He disagreed with Mr. Malinowskis assertion that the property is covered in water 85% of the year. Mr. Van Handel believed drainage on the property to be adequate for development. He mentioned that property surrounding Mr. Jenkins and Mr. Kims property is zoned R-6, except for a parcel owned by Mr. Jenkins in Multnomah County which is zoned EFU. Mr. Van Handel said that negotiations begin tomorrow with BOSA Development Corporation to stub two roads north to Mr. Jenkins and Mr. Kims property. He stated that Mr. Jenkins and Mr. Kim would like to receive a written response from the Unified Sewerage Agency regarding services availability. Mr. Van Handel related that Mr. Jenkins and Mr. Kim believe they have submitted enough information into the public record. Mr. Kim denied allegations that his property is under water, even during the heavy rainy season. Scott King clarified that the traffic study submitted by the applicant from Lancaster Engineering only looked at an access scenario for two roads that do not exist now. He said the scenario does not include the BOSA north access now being negotiated either. It was moved to provide a written statement to Metro recommending denial of the petition. Motion -- Katsion 2nd -- Duyck Vote

16 Nay -- Rogers (Christy absent) Commissioner Rogers opposed the motion--not because he necessarily disagreed with this position but in an effort to allow Metro officials to make these decisions as they have been elected to do. 7. LAND USE AND TRANSPORTATION/COUNTY COUNSEL 7.a. RO Resolution and Order Providing for Board Ordinance Interpretations It was moved to approve the Resolution and Order and to authorize the Chair to sign. Motion -- Rogers 2nd -- Duyck Vote (Christy absent) Chair Peters commented that the Board has worked on this during more than one Worksession. She explained that the Resolution and Order will allow the Board to provide direction on how to interpret the County Code, despite the fact that specific quasi-judicial land use cases now go to a Hearings Officer. Chair Peters said that the Resolution and Order will be subject to modification depending upon how well it works. 8. COUNTY COUNSEL 8.a. MO Second Reading of Proposed Ordinance No. 502; an Ordinance Amending Washington County Code Chapter 3.20, Relating to Local Improvement Districts; Providing for Application of Cash Deposits and Assigned TIF Credit Funds to Assessments; and Declaring an Emergency There was a motion to read Proposed Ordinance No. 502 by title only. Motion -- Katsion 2nd -- Duyck "Vote (Christy absent) Dan Olsen read the proposed ordinance by title.

17 It was moved to continue this item to March 17, 1998, for third reading, first public hearing. Motion -- Katsion 2nd -- Rogers Vote (Christy absent) 9. AGING AND VETERANS SERVICES 9.a. MO Acceptance of Amended Washington County Department of Aging and Veterans Services Council By-Laws Revised pages of this agenda item were distributed to the Board during todays Worksession. It was moved to approve the Department of Aging and Veterans Services Advisory Council By-Laws amendments. Motion -- Rogers 2nd -- Katsion Vote (Christy absent) 10. BOARDS AND COMMISSIONS 10.a MO Appointment to the Housing Advisory Committee There was a motion to appoint Nancy L. Briggs and Leeann Thompson to the Housing Advisory Committee and to authorize Housing Services to continue recruitment efforts in anticipation of future vacancies. Motion -- Katsion 2nd -- Duyck Vote (Christy absent) 10.b MO Announcement of Vacancy -- Civil Service Commission Chair Peters announced a Civil Service Commission vacancy for District 2. She

18 explained that the Civil Service Commission hears grievances from employees who fall under the Civil Service category. Chair Peters encouraged interested parties to call to request an application. She added that the recruitment period will last three months. 11. ORAL COMMUNICATION (10 MINUTE OPPORTUNITY) None. 12. BOARD ANNOUNCEMENTS None. 13. ADJOURNMENT: 1:06 p.m. Motion - Rogers 2nd - Katsion Vote (Christy absent) MINUTES APPROVED THIS DAY 1998 CHAIR RECORDING SECRETARY For more information or comment: cao@co.washington.or.us or write to: Washington County Administrative Offices 155 N. First Avenue, Suite 300 Hillsboro, OR or Telephone: or Facsimile: or other phone numbers