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2007-1131-Minutes for Meeting July 21,1981 Recorded 6/20/2007DESCHUTES COUNTY OFFICIAL RECORDS ~J ~0~~~1131 NANCY BLANKENSHIP, COUNTY CLERK ~I COMMISSIONERS' JOURNAL 06/2012007 ~1;06;1Z AM I IIIIII~IIIIII~IIIIIIIIIIIII III 2007-1131 Do not remove this page from original document. Deschutes County Clerk Certificate Page { If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page _i P DESCHUTES COUNTY BOARD OF COMMISSIONERS JULY 21, 1981 REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 a.m. in Room A of the Courthouse Annex. Commissioner Young and Commissioner Shepard were also in attendance. Amendments to There were no amendments to the agenda. the Agenda Public Heairi.ng It was agreed to limit testimony to one hour for each Appeal Cal/ side for originali.testimony, and twenty minutes for re- Oregon Broad- buttal. This was a de novo hearing. casting CU- 81-182 Richard- Knoll, Ass'ociate__P1Anne r_;_:__.came forward, to give the staff report.+r}He explained that this was a de novo hearing to consider an appeal filed by the South Heights property owners appealing a conditional use application for a radio transmission tower. He then read aloud the written staff report. He then went over the September 20, 1980 memo to the Hearings officer which listed six conditions for approval. Chairman Paulson called for challenges:.or abstentions. There were none. Dave Jaqua, 1655 W. Highland, Redmond, came forward. He is the attorney representing the applicant. He explained that the applicant is requesting approval of a conditional use permit to install a 156 foot radio tower in the R-3 zone to allow the continued operation of KPRB radio station. This area has been rezoned to R-3 from R-2 since the time of the application. He briefly went over the values crit- eria for location that the applicant had looked for when selecting the ground for the tower. The proposed property is surrounded by public land to the west and south, undev- eloped property to the north, and to the east is Canyon Blvd. He said that the objections are from the South Heights neighborhood, which is from 1/4 to 1/2 mile from the site. He then asked that the decisions made by the Deschutes County Hearings Officer and the Redmond Urban Area Planning Commission be made a part of the record. He requested that all records introduced before the Hear- ings Officer be entered into this record. Chairman Paul- son called for any objections. Paul Speck, attorney re- presenting South Heights property owners, asked that they not be considered as evidence, but only reference made to the fact that the decision was made in favor. There was some discussion on what evidence should be submitted into this record. Chairman Paulson stated that all of the information submitted in the previous two hearings would be accepted into this hearing. Mr. Jaqua said that this application was originally filed December 3, 1980. KPRB is going to lose their present site, so finding a new location is a critical factor. He said that they had looked at the alternate sites sug- gested by the South Heights property owners. There was a problem created by time constraints with FCC approval. Page 1 of 7 '.Deschutes County Board of Commissioners July 21, 1981 - Regular Meeting In response to the question of color of the tower and whether or not it will be lit, he said that FAA said that this does not have to be lit, and the tower would be painted a neutral color. He then showed a facsimile of the actual tower, which is only 18" wide. They had done some video work to illustrate the expected impact to the South Heights property owners. He then turned the rest of his time over to Dan Van Vactor, Attorney also representing Cal/Oregon Broadcasting. Mr. Van Vactor explained that Cal/Oregon Broadcasting was an Oregon-based firm. He said that they had paid $350,000 for KPRB with the knowledge that they would need to find another tower location. He asked the Board to look at the cost factor involved for the company. He also briefly spoke about criteria for selecting a tower site, saying that they had to be within 2-1/2 miles of the city center.and that they have to deal with the airport height restrictions. He showed on a map what area they were limited to. He showed the locations of the sites recommended by the South Heights Neighborhood Association and explained why those sites did not work. While discussing these sites, he explained how the bur- den of proof criteria related to them. He read into the record the five development criteria for a conditional use for a radio tower. He said that they have reduced the proposed height of the-tower from 190 feet to 156 feet-to minimize the scenic impact. They have obtained permission from FAA to remove the lights from the tower to minimize scenic impact. A third issue that had been raised was that of public safety because of the height of the tower in relation to Forked Horn Butte, in the airport flight path. He said that by the time the planes reach this point, they have already gained sufficient altitude to eliminate this as a factor. He then gave a video presentation using a weather balloon that illus- trated the height, width and location of the proposed tower. He then spoke of the services the radio station provides to the community. He said that they had had a surveyor go to each of the person's houses that had signed the petition to make a surveyor's report, which was not complete, but submitted to the record. Next, John Green, 3551 SW 34th, Redmond, came forward. He is a resident of the South Heights neighborhood. He asked how much longer it would take before a final decision would be reached, as the hearings on this mat- ter had been going on for the past eight months. Next, Paul-Speck, Attorney representing the South Heights neighborhood, came forward. He asked how many stations this company had. Mr. Donald Smullens responded that they have TV stations in Klamath Falls, Redding, Medford, and 500 on one in Roseburg and radio and TV cable in Redmond and Culver and Eureka. He then asked whether Cal/Oregon Broadcasting had earnest money on any other property.i Mr. Smullens responded that they had a option to purchase the Bozarth property, and they have a right Page 2 of 7 Deschutes County Board of Commissioners July 21, 1981 - Regular Meeting of first refusal at a cost of $500.00. He said that this land was north of the high school, but they had not selected this site as their first choice, because they felt that it would have a greater adverse impact to the surrounding residents than the South Heights site. Mike Davis, 3562. SW 34th, Redmond,. came forward. He is a resident of the South Heights neighborhood. He expressed his concern for the future development of the area, and noted that they had never signed anything indicating they would not light the tower. Next, Paul Speck again came forward. He submitted a number of documents to the record. He said that the Redmond Urban Area Comp plan does not allow for this use in this location. He said that he will submit findings of fact indicating that this use is not compat- ible with the area. He said that the proposed tower will interfere with the scenic view of these property owners, which was one of the reasons for their purchasing property in the South Heights neighborhood. He said that the issues are the affect it will have on the adjoining properties, and is the affect consistent with the comp plan and the zoning ordinance. Mike Davis again came forward. He said that the Redmond comp plan states that the quality of the residential areas should be kept in compatible uses. He read aloud parts of the plan. He said that there are a choice of other sites available that meet all the criteria. He said that there were three sites available within the FCC and FAA requirement_;area that are outside the Redmond Urban Growth Boundary. William Claridge came forward. He showed slides illus- trating the potential scenic impact from the South Heights area. John Green came forward. He addressed the issue of econ- omic impact on the property value of adjoining lands. He quoted a letter from Jack C. Lewis, dated April 27, 1981 which stated that proximity to undesirable features detracts from the value of the property. He said that Mr. LaFranci, a local appraiser, said that it would detract from 5 to 100 of the property value. He said that 300 tax lots were affected by the tower. He said that any lights placed would be on the same level as their homes, and would flash into their view windows at night. He felt that since the tower would be in line with the airport runway, it would have to be lit and un- camoflaged. Neil Elliot came forward. He resides at 3694 SW 32nd in Redmond, in the South Heights neighborhood. He showed the Board the Department of Transportation map and plans for development of the airport. This will put the horiz- Deschutes County Board of Commissioners July 21, 1981 - Regular Meeting ontal airspace inside the tower site. He then read into the record a letter from Marlon E. Binger of the Federal Aviation Administration to Mr. Hartwood, dated February 2, 1981. He also read aloud a letter from Leo Demirs, Butler Aviation Company, to the Board of Commissioners. He said that air traffic is expected to double by 1995. He said that during adverse weather all flights will fly over the tower. Next, Rod Vetter, 904 NE Junka, Redmond, came forward. He indicated that he was not a resident of South Heights. He expressed objections to the proposal. There was some general discussion on alternate sites. Mr. Isham expressed concern that the County may be held responsible in the event of an aircraft accident involving the tower, if the county ruled that it may not be lit and must be camoflaged. Mr. VanVactor said that this should not be a problem, because FAA requirements dictate that flight in that area must be at an altitude of 1000 feet. Donald Smullen, Cal-Oregon Broadcasting, came forward. He explained that he was a licensed pilot and discussed the liabilities as he understands them. Mr. VanVactor said that Mr. Davis Gelwin, the developer of South Heights, had paid the filing fee for the appeal. He said that this was a conditional use in a residential zone, and therefore not inconsistent with the comprehensive plan. He said that if the Board required thatothe -_tower_-- not be lit, they would.be willing to relocate the tower if for some reason a higher authority directed that the tower be lit. There was some further discussion. Chairman Paulson closed the hearing. The board requested that each party submit written findings of fact to the board, and that the board would schedule their final de- cision for August 4, 1981. Public Hear- Neil Hudson, Director of Public Works, gave the board a ing- Assess- copy of the letter sent to each property owner within ments for 7 the LID. He said that each had had equal assessments LID and Qr-der- except Dry Canyon. setting Ass- essments Chairman Paulson opened the public hearing on:assessments for River Bend Estates, number K-018. Robert Nadis, 60677 River Bend Drive, came forward. He said that he owns four tax lots. He said that he had received assessments for each tax lot, but some of the neighbors had combined their property into one or two tax lots and had only been assessed for those tax lots. He felt that there was an inequity, because these people had the same amount of land. There was no further testimony. Chairman Paulson continued this hearing until July 29. The next hearing was on K-019 Sundance East LID. Mr. Hudson explained that they had reduced the scope of this LID be- cause there was a 1/2 mile section that had never been Deschutes County Board of Commissioners July 21, 1981 Regular meeting dedicated to the public. Chairman Paulson called for public testimony. There was none. It was decided to continue the hearing to July 29, 1981. The next hearing was on K-021, Chaparral Estates LID. Chairman Paulson opened the public hearing. Gail Atlinger, 5837 Harvest, asked about the contract re- quirements. Mr. Isham explained this to her. He said that because they had not yet had the contracts returned to the County, these hearings would have to be continued. Mr. Isham said that it would be possible to pay the assess- ment i-n 20.: !semi-annual .).installments . Each lot in the district will pay the same amount. Chairman Paulson con- tinued the hearing until July 29, 1981. The next hearing was on Lower Bridge Estates, K-024. Chairman Paulson opened the public hearing. He called for public comment. There was none. He continued the hearing until July 29, 1981. The next hearing was on K-022, Odin Crest Estates LID. Chairman Paulson opened the public hearing. He called for public comment, there was none. He continued the hearing until July 29, 1981. The next hearing was on K-029, Dry Canyon LID. Mr. Hudson explained that this was not on an equal assessment as the others, but had been assessed on a per acre basis. Chairman called for public comment. There was none. He continued the hearing to July 29, 1981. Next, Chairman Paulson opened the public hearing for Crest Ridge Estates LID, K-020. There was no testimony, Chairman Paulson continued the hearing until July 29, 1981. Mr. Isham said that they did not proceed on Sunnyside LID because of the oral threat of litigation. He said that he had been unformed by Paul Speck that an appeal would be filed on the LID the next day. He said that the County could request a 30-day extension and at the end of that time they will have to check with the contractor, and if this is not resolved they will have to abandon the LID. Hearing re- Chairman Paulson opened the hearing. Mike Maier, Director garding the of Administrative Services, explained that there had been 1981-82 Ap- some changes in the budget, however those changes do not proved Des- affect the final outcome of the budget. He went through chutes each of these line item changes, and explained the reason County Bud- they were necessary. There was no further testimony in get regard to the budget. Chairman Paulson closed the hearing. MOTION: SHEPARD moved to approve the budget as submitted amended. It was agreed to adopt the budget at a later date, after the final budget is printed. The motion died for lack of a second. Page 5 of 7 'Deschutes County Board of Commissioners July 21, 1981 - Regular Meeting Discussion re- Jan Boetcher, Tumalo Irrigation District, came before garding noti- the Board to discuss this. She read into the record fication of a letter to the Board from Central Oregon Irrigation building and District, Arnold Irrigation District, and Tumalo Irriga- sanitation per- tion District. They have been having problems with mits in irrig- buildings and septics going in too close to their ditches. ation dist- Mr. Glover explained that the DEQ requirements differ ricts from the Irrigation District requirements. After fur- ther discussion, it was agreed that the irrigation districts would discuss this with the developers involved and come back to the Board. Other Staff/ There were none. Public Con- cerns For Signature: This was for Bend Millwork Company. Chairman Paulson Order in the read the document aloud. Matter of In- MOTION: YOUNG moved to approve. dustrial Dev- SHEPARD: Second. elopment In- VOTE: PAULSON: AYE. dustrial Bonds SHEPARD: AYE. YOUNG: AYE. Order 81-308, Mr. Isham explained that there had been an error in the Amending the description used in the final order, this corrects that Final Order description. Creating the MOTION: YOUNG moved to approve Order #81-308. River Bend SHEPARD: Second. Estates Spe- VOTE: PAULSON: AYE. cial Road SHEPARD: AYE. District YOUNG: AYE. Bargain and Mr. Isham explained the background of the sale briefly. Sale Deed: MOTION: SHEPARD moved to approve. Linda C. Link YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Bargain and Mr. Isham explained the background of the sale briefly. Sale Deed: MOTION: SHEPARD moved to approve the Bargain and Sale Doris E. Deed to Eldon R. and Doris E. Branch. Branch YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Survey of Gary Judd,',Road Department,%was present to explain this. Coyner Road MOTION: YOUNG moved to approve the plat of a portion of Coyner Road. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 6 of 7 Deschutes County Board of Commissioners July 21, 1981 - Regular Meeting Sheriff's de- Mike Maier was present to explain and answer questions. partment Con- MOTION: YOUNG moved that they approve the Sheriff's tract Department Contract with the Deschutes County Sheriff's Association. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Being no further business, the meeting was adjourned. /ss Page 7 of 7 DESCHUTES COUNTY BOARD OF COMMISSIONERS Robert C. Paulson, Jr., C rman