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48-172-Minutes for Meeting June 29,1983 Recorded 8/2/1983vol 48 ?A,,F 172 DESCHUTES COUNTY BOARD OF COMMISSIONERS JUNE 29, 1983 REGULAR MEETING FILED G 1983 Chairman Young called the meeting to aV4WrSUtPFXUIIhL8V1Mffl CLE%mmissioner Tuttle and Commissioner Prante were also in attendance. Amendments to Chairman Young read aloud the amendments listed on the the Agenda sheet attached to the Agenda. There were no additions or changes. At this time Chairman Young recessed the meeting and reconvened as Board of Directors of the Deschutes County Extension and 4-H Service District. (See attached minutes). Following the meeting of the Extension/4-H Board of Directors, Chair- man Young reconvened the meeting as Board of Directors of Seventh Mountain County Service District Board of Directors. (See attached minutes.) Award of bids Dave Hoerning, County Engineer, briefly discussed the for seven 10- bids received as outlined in his memo to the Board 12 yard dump dated June 23, 1983. He noted that two bids had taken trucks exceptions to the specifications and the Department's recommendation was that those bids be rejected. The Department recommended that the bid be awarded to Far West Truck Center in Eugene for seven White Western Star Trucks in the total amount $352,867.98 Al Tamler of Volvo-White Trucks in Portland, came forward to protest the rejection of their firm's bid. He stated that the truck they bid had a straight frame from one end to the other (the specifications called for a straight frame) and that the jog in the rear of the frame was to the County's advantage; that it would give the County more for its money since this was the lowest bid. He stated that in the County's award process they [the Board] awards bids on the basis of what in their judgement is the best product for the money and he felt that their bid was. Chairman Young asked Mr. Tamler if he wished to appeal the Board's decision to award. Mr. Tamler responded affirmatively. Chairman Young outlined to Mr. Tamler the appeal process. MOTION: TUTTLE moved to accept the low bid for White Western Star trucks from Far West Truck Center in Eugene in the amount of $352,867.98 subject to any appeals that may be filed. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. JUNE 29, 1983 MINUTES: PAGE 1 `VO` 48 FAu-F 173 Award of Bid Mr. Hoerning went over the bids received as outlined for Emulsified in his memo to the Board dated June 24, 1983. The Asphault Public Works Department recommended that the bid be awarded to Chevron USA who submitted the low bid of $420,480.00. MOTION: PRANTE moved that the contract for 1983 in the amount of $420,480.00. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Appointment of Chairman Young read aloud Neil Hudson's memo to the SWAC Members Board recommending reappointment of Kim Ward, Bob Currie and Bob Spieger. As there was a question in regard to the number of positions open, it was suggested that this be tabled until clarification can be obtained. MOTION: TUTTLE moved this be tabled until the next meeting. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Discussion re- Rick Isham, County Counsel, handed the Board copies of garding Awbrey the final draft of the lease agreement as recommended Butte Lease by the Awbrey Butte Lease Committee. He stated that Agreement most of the users are satisfied with the lease agreement, but there is still discussion on the lease fees. Dave Jaqua, 1655 W. Highland, Redmond, came forward on behalf of Western Radio. He stated that the current draft discusses a minimum fee and a price per square foot and lineal feet of guy wires. He felt it was more important to consider the multiple uses that a particular site could be put to. The proposed lease charges the same amount for everything put there. He suggested basing it on the total square footage that a user is using and some credit given against a base lease; and establish a method by which a new leasee coming on to an existing site would give credit to the person making the initial capital expenditure. He felt that this would encourage multiple uses. He also felt that the lease requirement for removal of improvements within 30 days of the termination of the lease may not be enough time in some cases and recommended that this language be changed to "a reasonable amount of time". He also requested that the language on page 4 relating to general operating conditions be omitted. This language protects the license and not the other equipment from interference caused by inadequate maintenance. He suggested that if interference is being caused by failure to maintain equipment in accordance with the lease provisions they should be able to enforce compliance if its causing interference with anything. He also suggested that JUNE 29, 1983 MINUTES: PAGE 2 ` VOL 48 ?Ac, x.74 priority be established by primary or secondary permits (primary permits having priority). He also stated that if the primary standards are to be amended, it should be contingent upon a change of industry standards or technology, rather than by popular vote of the users. He also suggested that decisions relating to Awbrey Butte shouldn't be left to the Awbrey Butte committee entirely; due to the fact that they have vested interests. It was the concensus of the Board to continue this item until the next day's meeting. Orders 83-189- Mr. Isham explained that the purpose of these orders 83-192, Accept- is to set up the remonstrance period and final hear- ing Engineer's ings for these LIDS. The final hearings will be held Report for Re- on August 3, 1983 at 10:00 A.M. monstrances MOTION: PRANTE moved to accept Order 83-189, an Order accepting the Engineer's Report for Remon- strances for 35th Street LID. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved to accept Order #83-190, an Order accepting the Engineer's Report and Remonstrances for Preble Way LID. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved to adopt Order 83-191, an Order accepting the Engineer's Report for Remon- strances for Cheyenne Road LID. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved to aodpt Order 83-192, an Order accepting the Engineer's Report and Remon- strances on Glenwood Road LID. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Consideration Neil Hudson, Director of Public Works, had sent the of Rate In- Board a memo dated June 20 regarding this which Mr. crease Request Hoerning briefly outlined. for Solid Waste MOTION: PRANTE moved to hold a hearing to consider Franchisees the 10% rate increase for the Solid Waste franchisees on July 20 at 10:00 A.M. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. JUNE 29, 1983 MINUTES: PAGE 3 ' Vol, 48 QACILA7 5 Award of Bids Mr. Hoerning listed the bids received and recommended on Cascade that the bid be awarded to Panther Crushing, Inc. of Lakes Highway White City, Oregon who submitted the low bid of Rock Crushing $67,100.00. Contract MOTION: PRANTE so moved. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Resolution Ad- MOTION: PRANTE moved to adopt Resolution 83-030. opting Schedule TUTTLE: Second. for Comm. Dev. VOTE: UNANIMOUS APPROVAL. Dept. Fees Order 83-054, MOTION: TUTTLE moved to have the first reading in Amending the its entirety and the second reading by title Building Code by title only. Ordinance, add- PRANTE: Second. ing Electrical VOTE: UNANIMOUS APPROVAL. Specialty Safe- Chairman Young so read. ty Code MOTION: TUTTLE moved to adopt Ordinance 83-054. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Order 83-165, Chairman Young read aloud the order and opened the Providing for hearing. Phil Paterno of the BLM, Prineville, came Exchange of forward and stated that the portion of BLM property Real Property encumbered with a mill claim was not included in the with BLM trade. He suggested that when the Board submits its resolution to BLM that they also include a draft deed and title to the County land to expedite the process. Being no further comments, Chairman Young closed the hearing. MOTION: PRANTE moved to adopt Order 83-165 providing for the exchange of real property with BLM. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. License to Use Mr. Isha Land between District Deschutes Co. School. & Admin. School MOTION: District #1 VOTE: n explained that the grants the School the use of the parking lot next to Reid PRANTE moved to sign the license agreement. TUTTLE: Second. UNANIMOUS APPROVAL. Signature of MOTION: PRANTE moved to sign the lease for the Lease for Rain- Rainbow House. bow House TUTTLE: second. VOTE: UNANIMOUS APPROVAL. JUNE 29, 1983 MINUTES: PAGE 4 VOL 48 Appointment to The Board had received a letter from Marvin Young on Howell Hilltop behalf of the district recommending that Todd Sheets Acres Special be appointed.Road District MOTION: PRANTE moved to appoint Todd Sheets to the (action item) Howell Hilltop Special Road District. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Appointment to MOTION: PRANTE moved to reappoint Carol Moorehead to the Library the Library Board. Board TUTTLE: Second. (action item) VOTE: UNANIMOUS APPROVAL. Order 83-185, MOTION: TUTTLE moved to to adopt Order 83-185, creat- Creating Office ing an Office Support fund. Support Fund PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Order 83-186, MOTION: PRANTE moved to adopt Order 83-186, Budget Budget Transfer Transfer Order. Order TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Resolution 83- MOTION: PRANTE moved to adopt Resolution #83-032. 032, Authoriz- TUTTLE: Second. ing the Borrow- VOTE: UNANIMOUS APPROVAL. ing of Funds Order 83-188, MOTION: PRANTE moved to adopt Order 83-188. Order Authoriz- TUTTLE: Second. ing Investments VOTE: UNANIMOUS APPROVAL. OLCC License MOTION: PRANTE moved to grant the OLCC license appli- Application for cation for the Sunriver Music Festival. Sunriver Music TUTTLE: Second. Festival VOTE: UNANIMOUS APPROVAL. OLCC License MOTION: PRANTE moved to approve the OLCC license Application for application for J.C.'s Little Pub. J.C.'s Little TUTTLE: Second. Pub in LaPine VOTE: UNANIMOUS APPROVAL. Request for Re- Before the Board was a request for refund for CMC Con- fund struction in the amount of $171.00. MOTION: PRANTE moved to grant the request to Construction. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Other Staff/ Commissioner Tuttle stated that COID had held a bond Public Concerns election to finance a hydro-electrical project. The election had been held June 28 and had not been conducted through the County Clerk's office. He suggested that the Board direct Counsel to advise JUNE 29, 1983 MINUTES: PAGE 5 von 48 F ru 177 whether this was legal. At this time Chairman Young recessed the meeting until 1:00 P.M. 1:00 P.M.: Ins- Ed Early and Des Currie of Lumbermen's Insurance were urance Agent of present to discuss the County's insurance coverage. Record They presented the Board with a written proposal for the County's insurance and quotes received from different insurance companies. Quotes were as follows: Gulf Insurance: $63,903.00 Home Insurance: $59,400.00 Great American: $67,100.00 Travellers: no quote Industrial Underwriters: $64,600.00 Hartford: no quote. Home Insurance was the County's previous insurer, but due to their past performance, it was suggested that their quote be rejected in favor of Gulf's, due to Gulf's superior service. Mr. Early discussed the contents of the proposal, noting that the County currently has a $1,000,000.00 umbrella coverage. It was the Board's concensus to raise this coverage to $5,000.000.00. Mr. Early asked about the coverage at the Fairgrounds. Commissioner Tuttle agreed to meet with Mr. Early and Fair officials regarding the Fair- grounds insurance. He also noted that the proposal does not include coverage for flood, earthquake or volcano damage. Mr. Early further outlined the details of the coverage provided in their proposal. MOTION: TUTTLE moved to accept the proposal as presented with the addition of the additional liability insurance. YOUNG: Second. VOTE: UNANIMOUS APPROVAL. 2:00 P.M.: KBND Chairman Young reconvened the meeting at 2:00 P.M. Appeal Hearing He outlined the rules of the hearing and called for any challenges of the Board's capability to hear this appeal. There were none. Craig Smith, Planning Department, gave the staff report and gave a background of the application. He had provided the Board with a complete copy of the record. Chairman Young opened the hearing. Bob Lovlien, representing KBND, Inc. (Doug Kahle and John Stenkamp, owners) came forward and introduced Mr. Collie and Mr. Stenkamp. Mr. Lovlien outlined the history of this application, noting that the issue at hand is for a site plan application, as a radio trans- mission tower has been established as an outright JUNE 29, 1983 MINUTES: PAGE 6 . von 48 ?AU,-p 178 permitted use in the zone. He noted that this had once been approved under a conditional use permit, but by the time they had obtained FCC approval the condi- tional use permit had expired. The conditional use permit had been required under the old zoning ordinance, but the 1979 revisions made this an out- right permitted use. John Stenkamp, General Manager of KBND, came forward and read aloud his testimony. He gave a brief history of the station, noting that it is the primary station for the emergency broadcast system for Central Oregon. He stated that because of a conflict with KFAB in Omaha, Nebraska, the FCC had required that they switch to a directional signal at night, which limited their signal to within 5 miles east of Bend in the evenings. By changing their location, they will be allowed to serve the area east of Bend at night, by FCC permis- sion. FCC approval had been delayed three years, because of a technical objection filed by the Omaha station. He then outlined the site criteria under which they would be able to relocate. The proposed site was the one chosen which meets this criteria. The site was obtained through a long term lease with Deschutes County and the North Unit Irrigation District. He described the proposed tower construc- tion. He stated that they feel this site would offer minimum adverse impact on the surrounding area. He then handed the Board a schematic map showing the tower's location. He stated that many fine homes had been constructed near the KBND and KGRL towers indicating that the towers did not have an adverse impact on home values. He stated that traffic associated with this use would be minimal because the tower will be operated by remote control. He noted that this would broaden their audience and be in the community's public interest. He handed the Board copies of his written remarks. Mr. Lovlien then came forward and stated that they have satisfied the requirements of the site plan criteria. He noted that the staff report reflects these criteria and recommends approval as submitted. Paul Speck, attorney representing Bruce Meland, the applicant, came forward. He ascertained that everything in the record had been submitted as testimony as well as the Comp Plan and the Zoning Ordinance. He stated that one of the fundamental things in the zoning ordinance is that the proposal must be needed in the zone in which its being proposed. He stated that the County Zoning ordinance is a mess as it relates to radio and TV towers. He stated that the Planning staff has reached the legal JUNE 290, 1983 MINUTES: PAGE 7 VOL 48 FALL I79 conclusion that out of this mess is a specific directive that a radio tower is allowed in an EFU zone. He stated that they must determine whether or not a radio station was a utility facility. He mentioned letters in the record that explain why a radio station is not a utility facility. He stated that they retained Ed Sullivan, a premier land use attorney in the State of Oregon, to address this question. His response was that there is a policy in the State to preserve agricultural lands. Those inconsistent uses are to be carefully scrutinized before they are placed on agricultural lands. If they have the choice between allowing something on agricultural lands and not allowing a use on agricul- tural lands that is not an agricultural use, they should disallow it. He felt that the Hearings Officer interprets utlities too broadly and contradicts State policy on the matter. The second issue Mr. Sullivan had raised was that our ordinance distinguishes between utility facilities; utility facilities necessary for public service; and radio towers. Mr. Speck stated that they must also determine whether the utility facility is necessary to serve that zone. He also noted that the Hearings Officer had not made a finding that this was the case. He felt that this was important due to the Attorney General's Opinion #37547 1975, which he quoted. He then listed other zones in which this use would be appropriate. He asked that when the Board makes its decision that this be addressed. Emil Lohrke came forward and handed out some papers to the Board. He stated that he had worked as an air traffic controller but never was required to live near this high powered transmission site. He expressed concern over its possible effects on his health. He expressed concern about being so near the tower in case of a nuclear attack. He was also concerned about the after effects because it was located near the high school and hospital. He also did not feel that any Parks and Recreation facility should be placed in the area. He noted that a child had drowned in the canal. He stated that this was causing mental anguish to the neighbors and might possibly cause TV and radio interference. He did not think that was was most economical for KBND should be a consideration. He also stated that the tower would be unsightly. He noted that this could be a hazard for helicopters who use the canal as a guide. Bruce Meland, 63600 Deschutes Market Road, noted that he lives very near the proposed site. He asked if there were any other possible sites. He stated that in May of 1983 he consulted with an electrical JUNE 29, 1983 MINUTES: PAGE 8 vo!. 48 FACE 18 engineer at OSU in regard to placement of this tower. He had been advised that it would be feasible to place this tower three miles north of the proposed site where there is a 40-acre parcel of County land and the adjoining land is owned by the federal government. He recommended that they use this land, which is located at Deschutes Junction. He stated that the OSU engineer had also felt that this would be feasible. He submitted to the record this information as well as a petition against the tower location with 75 signa- tures. He also stated that the 25 millivolt require- ment may be changed; that it is an old requirement technically still on the books. He also stated that because of the reduced view from the site he suggest- ed, it would not have as much of an adverse impact on property values. At this time he submitted two photos to the record of the existing tower. He also had conferred with a representative of the OSU Health Sciences Center who was doing a study of the effects of radio microwaves. He stated that they are finding increased instances of leukemia and cervical cancer near radio transmission sites. Michael Tarbet, realtor, came forward. Mr. Meland has listed his property with Mr. Tarbet's agency. He stated that he has had to tell potential buyers of the towers to be placed nearby and that two buyers chose not to look further at the property based on that. He stated that this had made the property pretty much unsaleable. He noted that his own property is not far from the proposed site and suggested that the tower be placed near the sewage treatment plant off of McGrath Road. Del Howard, Deschutes Market Road, stated that he was opposed to the tower going in there. Mr. Meland again came forward and stated that it appeared that they could move approximately three miles from the present site and still meet the 25 millivolt rule. Wanda Howard, Deschutes Market Road, stated that the type of tower and the distance appears to be the same as where they are now. The only thing they need is more power. Mr. Meland stated that the other day he was outside and noticed a plane flying over very low at about tower height. He expressed concern about this as the site is not far from the airport. At this time Chairman Young called for rebuttal comments. JUNE 29, 1983 MINUTES: PAGE 9 i VU► 48 FAcE 181 Doug Kahle , Principal owner of KBND, stated that there would not be a problem with interference caused by the tower, as FCC regulations require any interference problems be corrected. Because there will be one additional tower, they must seek a new site. He stated that the 25 millivolt requirement isn't the entire answer to the problem, and it may be a year or more before this is changed. He stated that if they move any farther north or east, they still have the night time problem of signal strength. He stated that they had placed a tower in the Sacramento area which had had not adverse impact on property values. Mr. Lovlien stated that he disagrees with the position taken by Mr. Sullivan and Mr. Speck on the use for the zone. He stated that the question is whether the utility is necessary for public service, and not whether its necessary for the zone. He stated that they must consider what is the best location in Deschutes County, noting that this was the only location they found in two years of looking that met the FCC requirements. He stated that they have not been made aware of any studies done on health effects of AM radio signals, which are a different kind of broadcast wave. Mr. Meland stated that the FCC had sent him a 6.64 millivolt contour map which is larger than the 25 millivolt daytime contour. Based on this he did not feel that there would be any problem with moving to the north. Mr. Speck stated that the AG's opinion is that a radio transmission tower is probably a necessary public utility subject to the local zoning ordinances. He stated that this opinion was not based on a specific definition, but that our ordinances does give a definition. As there was no further rebuttal comments, Chairman Young closed the hearing at 3:19 P.M. He called for questions from the Commissioners. There were none. It was the Board's concensus to announce their decision at 1:45 P.M. July 6 in the Annex Conference Room. JUNE 29, 1983 MINUTES: PAGE 10 A • DESCHUTES COUNTY BOARD OF COMMISSIONERS (R/ c ALB A. YOUNG, I tCELAUR STOW PRANTE, COMMISSIONER A. TUT TL , COMMISSIONER /ss vol, 4 =rih _ JUNE 29, 1983 MINUTES: PAGE 11