1984-90250-Minutes for Meeting November 28,1984 Recorded 12/13/1984DESCHUTES COUNTY BOARD OF COMMISSIONERS
MEETING MINUTES - NOVEMBER 28, 1984
Acting Chairman Tuttle called the meeting to order at 10:00 A.M.
Commissioner Young and Commissioner Prante were also present.
Amendments to Chairman Tuttle read aloud the amendments as
the Agenda
listed.
Public Hearing
Chairman Tuttle outlined the rules and format of
regarding LaPine
the hearing. Chairman Tuttle then opened the
Sewer District
hearing and called for comments from Mike Burton,
Grant Applica-
COIC.
tion
Mr. Burton explained that they are preparing an
application for an Oregon Community Development
Block Grant to study the ground water contamination
in the LaPine area. They want to obtain $10,000
in grant funds to develop a feasibility plan as
required by DEQ. This is the first step in
alleviating the condition which now exists in
the LaPine aquifer. Nitrates are now above
permissible levels in some areas. This plan will
examine alternatives and design a program for a
sewer plant. The LaPine Special Sewer District has
levied a one-year tax which will pay the local
matching funds portion of the grant. The grant
application process asks that a number of points be
covered to provide information for the public. A
list of those items are attached. The County must
be the vehicle for the grant application according
to the state requirements. They are requesting
that the County apply for this grant on their
behalf.
Chairman Tuttle then called for further comments.
Being none, he closed the hearing.
MOTION: YOUNG moved to apply.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Proposal to Neil Hudson, Director of Public Works, made a brief
Change Operat- presenting requesting that operating hours at
ing Hours at the Southwest Landfill. Current hours are from
Southwest Land- 10:00 AM to 12:00 Noon and 2:00 PM to 5:00 PM. Mr.
fill Hudson is requesting that hours be changed to 10:00
AM to 4:00 PM daily. This proposal is outlined
fully in Mr. Hudson's memo to the Board dated
November 14, 1984.
NOVEMBER 28, 1984 MINUTES: PAGE 1
vc6 62 125
MOTION: PRANTE moved to accept the change of hours
as presented.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
AMENDMENT: Prante amended motion to include
effective date of December 17.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Discussion re- Mr. Hudson explained that there are eight LIDs that
garding 1985 are active at this point with a total value in
LIDs excess of $3,000,000. The department currently
does not have enough survey staff to the the
necessary surveys for these LIDS. They are
requesting authorization to retain some private
surveyors to do the field work.
MOTION: PRANTE so moved.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Agreements be- It was noted that these agreements had been
tween the County discussed earlier in staff meetings. These renew
and Cities of agreements between the County and the City of Bend
Bend and Redmond and the City of Redmond for Hearings Officer
for Hearings services. These agreements will expire July 1,
Officer 1985, and will be considered for renewal at that
time.
MOTION: PRANTE moved to sign the agreements
between Deschutes County and the City of
Bend and the City of Redmond for Hearings
Officer.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
License to En- Rick Isham, County Counsel, asked that the Board
croach Right of authorize signature of a license agreeement to
Way (Wells) encroach on Empire Blvd., and also authorize
signature on a request for right of way. He
explained that this is for a site plan approval
near Bumper to Bumper auto parts store and the
truck stop. The County wants to acquire right of
way on this property, and these agreements are
conditions of the sale. He also noted that the
parts store building does lie on the right of way,
but it has been agreed that if the building is
modified, it will be modified to reduce the
encroachment. The documents are not ready for
signature at this time because they are waiting to
get a legal description of these two parcels.
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VOL 62 FADE 126
MOTION: YOUNG moved to authorize signatures of
these documents.
PRANTE: Second.
It was noted that this authorizes signature of the
Declaration of Dedication and the License
Agreement.
VOTE: UNANIMOUS APPROVAL.
Maintenance Mr. Isham explained that this maintenance agreement
Agreement for is for the voters poll book binding machine in the
GBC Binder Clerk's Office.
MOTION: PRANTE so moved to sign the maintenance
agreement for the GBC binder.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Request to Use The COCC Forestry Club is requesting use of the
County land
Taylor Rental Center building for their Christmas
for Christmas
tree sale this year.
tree sale
MOTION: PRANTE moved to sign this agreement
contingent upon the execution of a hold
harmless agreement.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Appt. to RFPD
Chairman Tuttle explained that this five- member
No. 1 Board
board had three members, one of whom recently
passed away. Since they then lacked a quorum to
appoint a new member, they are now requesting the
Board do so for them. Hoy Futz, Redmond Fire
Chief, requests that the Board appoint R. C.
Broaddus.
MOTION: YOUNG so moved.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Appointment of Chairman Tuttle explained that this Board had
Members to Spec- become inactive, allowing terms of Board members to
ial Rd. Dist. 4 expire. They are now requesting that the
Commissioners reappoint the entire board for
staggered terms. Following are nominees and term
expirations: Wesley E. Rucker, 12/31/88; John R.
Plamondon, 12/31/86; Roy E. Locke, Jr, 12/31/88;
Harvey C. Alexander, 12/31/87; Robert A. Smith,
12/31/86.
MOTION: YOUNG moved to appoint as listed.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
NOVEMBER 28, 1984 MINUTES: PAGE 3
von 62 FvH.127
OLCC Permit for Before the Board was an OLCC Permit Application for
Gemili Enter- Gemili Enterprises in Sunriver.
prises. MOTION: PRANTE moved to approve.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
The motion authorizes Chairman Young to sign the
permit application on behalf of Deschutes County.
Request for Before the Board were the following requests for
Refunds/ CDD refunds: Robert Leidig, $38.50; James Henderson,
$30.00; Ernest G. Cook, Jr., $60.00; Brooks
Resources Corp., $35.00; Noe Plumbing, $3.90. All
approved.
Other Staff/ Acting Chairman Tuttle stated that there is an
Public Concerns existing BPA grant that needs an extension to close
out the fund. They need to authorize Chairman
Young to sign this agreement.
MOTION: PRANTE so moved.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
Public Hearing This is an appeal of a Hearings Officer decision
on Appeal of regarding an application of A -T Industries for a
Hearings Officer site plan to allow for the construction of a radio
decision on Site antenna and power building in a F2 zone. The
Plan No. 84-26, Hearings Officer denied the application. That
A -T Industries decision was part of the record in this hearing.
The purpose of the .hearing will be to consider
whether or not the Hearings Officer's decision
should be sustained or reversed.
Chairman Tuttle called for challenges of any member
of the Board to hear this matter, as well as any
disclosure of conflict by any Board member. There
were none. A time limit of one-half hour for each
side was established.
Chairman Tuttle then opened the hearing. He called
for the staff report by Craig Smith. Mr. Smith
came forward and read aloud the staff report. The
proposed site is near the Tumalo Falls watershed
and would be on the skyline viewed from Bend, but
would not obstruct any mountain views.
Chairman Tuttle called for comments from the
applicant. Paul Speck, attorney representing A -T
Industries, came foward. He submitted the
following to the record: Exhibit A (transcription
of Hearings Officer decision of 8/14/84); Exhibit B
(8 photographs); Exhibit C (topographical survey
map from Sun Country Engineering); and Exhibit D
(topographical section map). He noted that the
subject property is owned by Diamond Group, who has
NOVEMBER 28, 1984 MINUTES: PAGE 4
VOL 62 PACE 128
agreed to lease the property to A -T. Mr. Speck
stated that one issie is whether or not the site
plan criteria is applicable. He stated that there
is nothing in the ordinance which says that when
you put a permitted use in the F2 zone that you
have to go through the site plan process. There is
a general reference in the ordinance listing the
provisions of the section applying to site plans,
that does not apply to forest use zones or
exclusive farm use zones. Site plans must be filed
for community service uses in any zone, but there
is no definition of community services. This term
is used flexibly. Assuming that a radio tower is a
community service, this would apply.
The next question is whether this site plan
criteria should be used as a means of prohibiting a
permitted use on a site. In the past, site plan
criteria has been used as a means of used to ensure
that the use is as best as it can be in the zone.
Mr. Speck stated that in discussions with Mr.
Isham, Mr. Isham indicated he believes that site
plan criteria can be used as a conditional use.
Mr. Speck does not think that the ordinance as
written, and as it should be interpreted, should be
used to prohibit a use, but only to make sure a
site is its best possible within the zone.
Mr. Speck then briefly discussed the qualities of
the site and proposed use. He showed the Board the
photographs and maps of the site previously
submitted into the record.
Mick Tye, Sun Country Engineering, 61555 Parrell
Road, Bend, then came forward. He explained in
further detail the drawing marked Exhibit C. This
indicated the height of the tower in relation to
adjacent terrain. He also noted that trees in the
area are about 80 feet in height, leaving about 60
feet of tower visible above the trees. He also
explained that sight distance would reduce the
actual size visible from Bend to 1/32" x 1-1/2"
when seen from that distance.
Allan Gugenheim, Vice President, Corporate
Development, A -T Industries, 5315 SW Westgate,
Portland, Oregon 97030, came forward. Mr.
Gugenheim gave some background on the company. He
stated that their reason for placing this tower
here is so that there will be a radio station whose
broadcast will not be interupted as travelers go
over the pass. The Federal Communications
Commission has granted them a Class C license for a
1000' tower which has greater broadcasting
NOVEMBER 28, 1984 MINUTES: PAGE 5
VOL
capabilities. Mr. Gugenheim explained the
negotiation process they went through to obtain
this FCC license. He felt that this tower would
offer a service to the community, with heightened
competition and increased broadcasting. It would
also provide weather report broadcasts to travelers
on the pass.
The tower itself is to be 299 feet in height. It
will be almost exactly like the OEPBS tower on
Awbrey Butte, with the accompanying building. The
tower will be lit and painted with red and white
stripes. It will be a 30 inch triangular diameter
with three supporting guy wires with cement
anchors. The building will be of cinder block
construction and will be visited only once a month.
It will not be a residence, but used only to house
equipment. This antenna has the potential of being
a multi-user site.
Tucker Williamson, Diamond International, 1627 NE
Third Street, Bend 97701, came forward. Mr.
Williamson gave information on the property, noting
that it is near the Tumalo burn. The tree heights
vary from 20 to BO feet. There is a concentration
forest behind the tower and trees in front that
cover all but about 75 feet of the tower.
Chairman Tuttle called for further comments in
favor. Being none, he called for comments in
opposition.
Bill Hopp, Saddleback, Box 32, Bend, 97701, came
forward. He submitted Exhibit 1 (a photograph
of his view of the subject property taken from his
residence). He stated that his concern is that the
Central Oregon economy depends on tourism, which
all depends on the quality of environment. They
now have a clear skyline. He emphasized the
Central Oregon economy being more dependent upon
our quality of environment rather than as an
economic base. He noted that there is a site now
used for broadcasting towers (Awbrey Butte), and
suggested that this tower be placed there, where
visual impact is already occuring. He felt this
would be of far less impact than a single tower on
the Cascade Range skyline. He also felt that there
would be more people present in opposition to this,
but there are very few people within the area
required to receive notification. He asked that
the Board uphold the Hearings Officer's decision.
Jim Bussard, Brooks Resources Corp., 416 NE
Greenwood, Bend, came forward. He stated that he
NOVEMBER 28, 1984 MINUTES: PAGE 6
VOL 62 FAA30
did not feel that it is a legal issue, but more of
a land and planning issue. They oppose the
construction of a radio tower in the forest lands.
He felt that the basic spirit of the LCDC goals are
to protect the farm and forest land and concentrate
development. He did not feel that this use
belonged in this location. He felt that we were
not owners, but stewards of the land and have a
responsibility to protect the Cascade Range. He
did not feel that the tower itself was a problem,
but the location was. He also expressed concern
about the precedence this may set if allowed. He
also expressed opposition to the tower being lit.
He noted that he was a member of the Awbrey Butte
steering committee. It has been projected that
there is space availalbe on Awbrey Butte to meet
the area's needs for the next twenty years. He
felt that the Hearings Officer did correctly
evaluate the elgal and technical considerations.
He did not feel that the public would be greatly
benefited by being able to receive weather reports
while traveling the pass would be of much value,
since they are already on the pass. He asked that
the Board uphold the Hearings Officer's decision.
Donna Davis, 2108 NW Rimrock, Bend, came forward on
behalf of herself and her husband. She noted that
many affected homeowners were unaware of this
hearing. They have a view to the west from their
residence, which is near the COCC campus. Many
people choose their homesites because of the view.
From their home, car lights on Lava Butte are
sometimes visible at night. She felt that there
would be a very high visual impact, especially with
the lighted tower at night. This would be in an
area that has no development or other obstruction
to the natural skyline. She also felt that the
benefit of weather reports on the pass was minimal.
She noted that the applicant had provided no
information on alternative sites.
Jeff Rola, 19140 Tumalo Reservoir Road, Bend,
stated that from his living room he has an
unobstructed view from Mt. Jefferson to Mt.
Bachelor. On a clear day, he can see the summit
lift on Mt. Bachelor. He felt that this tower
would have far too much visual impact as well as be
a detriment to view property values. He felt that
there should be more discussion on alternative
sites.
Being no further comments in opposition, Chairman
Tuttle called for rebuttal comments.
NOVEMBER 28, 1984 MINUTES: PAGE 7
Vol 62 PACE iii
Paul Speck came forward. He stated that radio
towers are an emotional issue, that we all value
the skyline. At night a light will be visible.
The FAA will require the light. Optical physics
indicate that the tower will not be that visible
otherwise. He felt that the broader service
provided by the radio station will be beneficial.
One of the issues not discussed is the fact that
they don't know yet whether the federal government
will require at any time regulations on FM
stations. They have an application now and a set
of laws that we are obligated to apply equally and
fairly.
There were no further rebuttal comments.
Commissioner Prante asked Craig Smith questions
relating to the ordinance. Mr. Isham gave some
background information on the process necessary to
obtain FCC licensing, and the benefits of a Class C
license. He also noted that there had been
negotiations between the applicant and OEPBS to
share OEPBS tower facilities located on Awbrey
Butte, but negotiations were eventually terminated.
He noted that this application provides for
placement of a microwave dish as well as a tower
and building. He felt that this generally had more
visual impact than the tower. He stated that there
are numerous site plan requirements and the burden
is on the applicant to meet those requirements, but
it is not our duty to design the project to meet
those requirements.
Acting Chairman Tuttle then closed the hearing. He
commented that it is very clear that a site plan is
a land use decision, he did not feel that they
should get involved in whether or not they must go
through the site plan process. The decision of the
Hearings Officer was that given that site plan
locating a tower of that size in the location did
not meet the burden of proof. The issue at hand is
'does the applicant meeting the burden of proof for
the site plan as presented'. He felt that a
flashing light in that location did not meet the
burden of proof. He agreed with the Hearings
Officer that the application could not be approved.
Chairman Young indicated his disagreement, saying
he felt this to be groundless and would support
reversal of the Hearings Officer's decision.
Commissioner Prante expressed her empathy for those
who are offended by the intrusion on the view,
however a tower in Redmond was approved which is
much more obstructive than this. Because of this,
NOVEMBER 28, 1984 MINUTES: PAGE 8
Yut 62 FACE 132
she did not feel this decision merited reversal.
MOTION: PRANTE moved to deny the decision of the
Hearings Officer and moved to support the
site plan.
YOUNG: Second.
It was noted that findings must be established,
which can be taken from the transcript submitted by
the applicant.
VOTE: APPROVAL; TUTTLE DISSENTING.
Being no further business, the meeting was adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
ALBRTqAïż½.7Y?O CHAI
LOI ISTOW PRANTE, COMMISSIONER
LAURENCE A. TUTTLE,OMMISSIONER
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NOVEMBER 28, 1984 MINUTES: PAGE 9