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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. NOVEMBER 28, 1984 MINUTES: PAGE 2 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 /ss NOVEMBER 28, 1984 MINUTES: PAGE 9