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2007-1153-Minutes for Meeting September 29,1981 Recorded 6/20/2007COUNTY NANCYUBLANKENSHIP,P000NTY CLERKDS U2001.1153 COMMISSIONERS' JOURNAL 11111111 061201200711;18 ;18 AM 2007-1193 Do not remove this page from original document. Deschutes County Clerk Certificate Page L- - 7- 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 DESCHUTES COUNTY BOARD OF COMMISSIONERS SEPTEMBER 29, 1981 - REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner Shepard and Commissioner Young were also present. Amendments to There were two requests for refund to be added to the the Agenda agenda. Chairman Paulson amended the agenda with no objections. KPRB rehear- Chairman Paulson reiterated that procedure format estab- ing, contin- lished at a previous meeting, and that was 30 minutes ued from for testimony for each side followed by a 10 minute re- 9/16/81 buttal/cross examination period for each side. Chairman Paulson opened the hearing. He informed those present of new evidence received since 9/16. The first was a letter to Chairman Paulson from B&R Rental of Redmond, the second was a letter from Donna R. Vetter dated Sept. 18, 1981, there was another letter from the State Aeron- autics Division signed by Paul E. Burkett, and there was another letter received by the Board from Paul Speck to the Board dated September 16, 1981. Commissioner Shepard noted that he had added a line to the Burkett letter per a telephone conversation with Joe Holden of the State Aeronautics Division. Chairman Paulson called for testimony from John Andersen, Planning Department. Mr. Andersen asked that the Board recognize the testimony they have presented in the past and consider it part of the record today. He said that they have no new testimony to add to that. Chairman Paulson called for testimony from the applicant. Dave Jaqua, representing California/Oregon Broadcasting, Inc. (COBI), came forward. Mr. Jaqua entered several exhibits into the record, in addition there were four volumes of environmental studies to be entered as a matter of judicial record, but not as exhibits, as they were borrowed from the library. He also submitted an economic impact study. He said.that`.because of the question about lighting,),they had;,obtained two reports from different engineering companies indicating that if a light were to be placed on the tower it would have no significant impact. He said that the beacon at the airport is five to ten times as strong as the tower light would be. William Lickey, registered professional civil engineer and pilot, came forward to testify for the applicant. He said that he had worked with the airport master plan in Redmond. He said that he did not feel that this tower would be a safety hazard to air traffic. He said that their position is that the economic impact to the surround- ing properties, and that claims that this would have an adverse economic impact were not supported by studies in other areas. He said that this proposed location is:~the safest for this tower, because it is shielded by Forked Horn Butte partially., Page I of 6 Deschutes County Board of Commissioners September 29, 1981 - Regular Meeting He showed the Board Exhibit 11, which was the standards for protecting the airspace around the airport. These are FAA standards. He said that Senate Bill 47 says that the state could set standards but they could not be more strict than the FAA standards. He explained the FAA standards for protecting the surrounding airspace more thoroughly. He showed the Board exhibit 12 which illustrated the towers location under the approach sur- face. Exhibit 13 showed the end of the existing runway and shows the tower location, the horizontal surface, Forked Horn Butte and the Bonneville Power line on top of Forked Horn Butte. He also felt that it may not be safe to light the top of tower, as this may lead pilots to assume that the tower is the highest point nearby, when in fact Forked Horn Butte is higher. He felt that this may be misleading and therefore unsafe. Next, Phil Gould came forwards He had:prepared a study'.- on the impact of the proposed radio tower on the property values of the surrounding property values. With respect to South Heights, he had found already existing a relatively large cinder pit to the north and there has been no attempt to restore it to its natural state. On the west side of South Heights is the Bonneville Power transmission lines which are 60-65 feet in height. To the south is the old Bend-Redmond Highway and to the east is the Redmond Memor- ial Cemetery. He felt that since this subdivision was already surrounded by inharmonious uses, it would be too difficult to study. Instead, he examined other locations with nearby radio towers. He said that at no time during this study did he find any adverse affect to property values due to the presence of the radio tower. Subdivisions he had included in his study were Howell's River Rim subdivi- sion, Choctaw Village subdivision and other properties in the vicinity of the KBND and KGRL towers near Bend. Bill Lickey again came forward and explained that the instrument approach used at the airport is the ILS approach which would not be,.affected by the'.tower. He rioted that the Board had received comments from Doro Sokol concern- ing impaired safety when flying under visual flight rules. He said that under these visual flight rules, which he said are rarely used, the minimum approach altitude is 6,000 feet, which would eliminate the question of safety of the tower. Ward Crane „ engineer with Century West Engineering, came forward, He had done an analysis of the light intensi- ties. He said that the South Heights residents have approximately five times the amount of light from the already present airport beacon than they would have from a light on the tower. Chairman Paulson then called for comments from the opposing side. Paul Speck, representing the South Heights neigh- borhood Association, came forward. He said that the basic integrity of the original findings of fact adopted by the Page 2 of 6 Deschutes County Board of Commissioners September 29, 1981 - Regular Meeting r Board of Commissioners still stands. He said that those findings are supported by the existing facts. He said that he would recommend some minor changes which would preserve them for any legal challenge. He noted that Mr. Lickey and Mr. Gould did not think that the tower posed any safety hazard, but he said that a number of local pilots and flight companies do have a concern about safety so there is an issue of safety. He said that none of the appraisals done are comparable, because South Heights has a unique view. He submitted to the Board a letter from David J. Tindall who is a pilot. He had enclosed in his letter a copy of the instrument approach to the airport. Mr. Tindall wishes the Board to stand by its original decision. William Claridge then came forward. He presented to the Board a booklet compiled by the South Heights Neighbor- hood Association containing new documents and evidence to help facilitate the Board's review of their concerns. He also had some new information on alternative sites. He said that one of these parcels had been sold and is no longer available. He said that GOBI has put earnest money on the parcel on Antler Avenue. He said that he had spoken to Mrs. Bozarth who owns that property, and she had asked some of the nearby neighbors if they would object to having a radio tower placed-on that site. Only one person had objected, he said that five or more had not. John Green, 3551 S.W. 34th Street, Redmond, came forward. He said that since the tower will be facing the hillside upon which their homes are located, the light will be at about the same height as their homes, meaning that the light will shine right into their windows. He quoted Mr. VanVactor from an earlier-hearing saying that the tower would not be lit. He said that the FAA does not have the final say on this matter, he said that authority ultimately rests with the state, county and city. He said that Redmond's city ordinance says that the owner of any structure or tree which constitutes an air haz- ard must permit the city to install a light. He said that Paul Burkett of the State Aeronautics Division said that they object to the construction of such a structure near the airport. However, if such a structure is placed there, they strongly recommend that it be lighted. Neil Elliot came forward. He said that he.has 17 years of appraisal experience, and found some things in the preceeding testimony that were the opinions of the appraiser and not based on comparable sales. He said that the re- ferences used in Mr. Gould's study were developments around an already existing tower. He said that these were not comparable sites. He said that any time an inharmon- ious use was nearby it had some effect on the demand. Page 3 of 6 ' Deschutes County Board of Commissioners September 29, 1981 - Regular Meeting Mr. Claridge came forward to clarify the location of the Bonneville Power lines in relation to the hill. He said that those lines are beyond the crest of the hill. Mr. Green came forward to point out that Mr. Gould's appraisal conflicts with Mr. LaFranci's. Mr. LaFranci said that a 5% decrease in value would result. Chairman Paulson called for cross-examination/rebuttal. Mr. Jaqua came forward. He said that Mr. LaFranci's appraisal was based on opinion and did not do any study. He said that Mr. LaFranci had done appraisal work for Choctaw Village and had not discounted any value in that development as a result of the nearby tower. Mr. Gould came forward and explained that his testimony indicates that the market does not recognize any differ- ence because of the tower. Mr. VanVactor said that this location is probably the safest and least objectionable from an aesthetic point of view. He said that the butte minimizes the impact of the tower. He said that the entire Redmond area has scenic value, and it is not limited to the South Heights area. He said that the opponent's survey showed that 56 people objected to the placement of the tower in this location. He said that KPRB serves 6400 persons on a daily basis. He said that hh had not previously been aware of the beacon light, and that the beacon light was much more intense than the light on the tower would be. Mr. Lickey wanted to clarify Dave Tindall's position as an FAA pilot examiner. He noted that he is not an employ- ee of the FAA, but is authorized to conduct these exam- inations. He said that the instrument approach standards that will be used in the future at the airport require approaching aircraft to fly at an altitude 300 feet above the tower. Chairman Paulson called for rebuttal from the opponent. Paul Speck came forward. He said that the applicant had expressed concern about the adopted findings setting a precedent. He suggested some minor changes. He said that Finding #8 presently reads,"The proposed tower poses a hazard to aircraft from the Redmond Airport." He said that this would be solved by adding, "that the proposed location of the tower poses unnecessary safety concern to aircraft operating from the Redmond Airport." He then outlined the findings discussing them briefly. He said that the site is in the conical zone and just outside the horizontal zone. He suggested that the only finding the!may wish to remove is the one finding the possibility of adverse health affects. He felt that these findings were consistent with the evidence. Page 4 of 6 Deschutes County Board of Commissioners September 29{ 1981 - Regular Meeting Chairman Paulson called for questions from the Board. There were some brief questions and further discussion. Chairman Paulson said that the Board would take today's testimony under advisement and will schedule their de- cion for a later date. It was agreed to schedule their decision for Wednesday, October 7, 1981. Discussion re- Doug Maul, Facilities Coordinator, said that in dis- garding Search cussing the possible acquisition of the Trailways Depot & Rescue Land with Chris Williams of Search and. Rescue, Mr. Williams had said that they would prefer to be located outside the downtown core area. Eventually they will need more land for the Sheriff's Department, Search and Rescue and the jail, so they had discussed obtaining a large enough parcel to accomodate future needs. They felt that the location out on Arnold Market Road near where the Road Department is currently located would be verycgood. Chris Williams explained to the Board that in the event of an emergency requiring the evacuation of the downtown core area, their facility would be useless. There was some general discussion of possible sites, including the one near the airport. John Andersen, Planning Dir- ector, said that the location on Arnold Market was just outside the Urban Growth Boundary, and the comp plan calls for public service centers to be within the Urban Growth Boundary. He suggested ways of meeting this requirement. Darrell Davidson, Sheriff's Department, said that this would be a good location because of accessibility. Commissioner Shepard said that he would work on formulating a location, coordinating with the involved parties. Re-Granting Gary Judd, Public Works Department, explained to the Easement for Board that four years ago the County had granted an ease- PP&L ment to Pacific Power and Light for a power line. There was some discrepancy between the description of the right- of-way for the easement and the actual location of the line. This will correct that discrepancy. The Board referred the document to County Counsel for his review and ask him to reschedule this after his review. Discussion re- Neil Hudson, Director of Public Works, handed the Board garding pur- a memo on this subject. He said that revenues in the chase of equip-Solid Waste budget are not coming in as projected. They ment for Solid have $150,000 budgeted for a bulldozer and a compactor. Waste He said that they could go another year without those, but they do need a scraper. They have found a used scraper, and by deferring purchase of the compactor/dozer for a year, they will save $110,000. This would allow them to make iti,through budget-wise for the fiscal year. He said that the scraper could be purchased on a three- month lease-purchase. Mr. Isham explained that the Board would need to adopt an order allowing them to pur- chase a specific piece of equipment without going out to bid.: It must be at a cost savings to the County to allow this to be exempt from bidding. Page 5 of 6 ` Deschutes County Board of Commissioners September 29:, 1981 - Regular Meeting MOTION: YOUNG moved they draw up the required lease to allow them -to lease/purchase this scraper. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD : AYE. YOUNG: AYE. Other Staff/ Chairman Paulson said that he had been contacted by Public Con- State Trooper Hayden in regard to the placement of snow cerns gates on cCentury Drive. This is a joint effort between the Forest Service, State Police and the County. Mr. Hudson said that they will<,'constr.uct metal pillars and metal barrier poles and hope to place it this fall. He mentioned that the Forest Service has objected to the placment of pole pillars, they prefer stone for aesthetic reasons. Discussion John Andersen said that he had been talking to BLM regarding about ways in which -the county could improve the land Redmond Fire that was recently burned near Redmond. Money from Restoration these improvements could be obtained from the Taylor Grazing Fund. Mr. Andersen suggested that every effort be made to complete -the work this fall. He mentioned that there had been some interest in wood cutting on that land and was informed by Roy Hogue of BLM that allowing woodcutting would be an advantage in restoration of the property. He said that BLM has a broadcast seeded that can be mounted in the back of a four-wheel-drive truck and be driven through the site. He expects this reseeding to take about 200 pounds of seed. The property in ques- tion is six to eight acres in size. Chairman Paulson suggested that Db.ug']Kaul arrange this as part of his land duties. MOTION: SHEPARD moved that we ask Doug Maul to proceed with this effort and take whatever steps are necessary to see that its is accomplished within due -time and that we r, indicate to the Grazing Advisory Board that this should be done with Taylor Grazing funds. YOUNG: Second. VOTE: PAULSON: A.fE. SHEPARD: AYE. YOUNG: AYE. It was noted that this was based on the recommendation of John Andersen and BLM, and that they should proceed with the wood cutting also. There was some discussion of a permit procedure, it was agreed to ask Counsel to draft a permit form. Request for Before the Board was a request for a refund, Receipt Refund number 28248 in the amount of $78 to Paul Huttenhoff. Being no further business, the meeting was adjourned. 7f ~V~I- Al Aay neparql er ung~ er paulson Page 6 of 6