FACT: On November 22, 1974, a City Staff Report discusses the opportunity to purchase Cooks Butte citing the “site will offer opportunities for the public in a passive recreation sense that cannot be attained on any other parcel of park land presently in our inventory.”
FACT: On December 3, 1974, the City passes Resolution 74-88 to purchase Cooks Butte.
FACT: On April 3, 1975, Cooks Butte was deeded by John and Marjorie Emery to the City of Lake Oswego for park purposes only.
FACT: In 1993, GTE submitted an application to the City of Lake Oswego for a 65 foot cellular tower in Cooks Butte Park.
FACT: On October 27, 1993, the Lake Oswego Parks and Recreation Advisory Board voted against approving GTE’s application to build a cellular tower in Cook’s Butte Park. Meeting Minutes, Page 5.
FACT: On January 4, 1994, the City of Lake Oswego voted unanimously to authorizing GTE’s application for a conditional use permit in Cooks Butte park. Meeting Minutes, Page 8.
FACT: On July 14, 1994, Marjorie Emery filed an affidavit stating “that the limited permitted use of the Site for ‘public utilities’ was not intended to include public utilities which, following installation, would be visible above ground or which would significantly impair the natural state of the Site.”
FACT: In 2001/2, the City and Clackamas 800 Radio Group proposed to construct 152 foot emergency communication tower.
FACT: On September 18, 2001, Leslie and John Emery sent a letter to the City stated the Site “was intended to remain a prominent contrast to habitual human contexts. It was thus explicitly intended to be the very antithesis outside commercial and technological environments which dominate human sensibilities outside its boundaries. The installation of water tanks on the butte was considered the only compromise of the natural status to be allowed. To install communications towers on this hilltop would ‘trump’ a these concerns and values in the most obvious manner.”.
FACT: On September 26, 2002, Walter Emery wrote a letter to the City stating “The Emery Family has real concerns regarding possible added Towers in the future. We do not want nor will we support any possible added Towers in the future. We do not want nor will we support any possible additional Towers of any kind on Cooks Butte.”
FACT: On January 22, 2003, the City Manager responded via letter to the Emery’s that “the exploration of placing the public safety 800-megahertz tower at this site has been dropped. The representatives of Clackamas County, the lead agency for this project, are pursuing other alternatives.”
Then he goes on to state: “We appreciate your advocacy for the protection of this special asset and please accept our appreciation of your family’s contribution to this community.”
FACT: On July 1, 2008, the City Council adopts Cooks Butte’s Park and Recreation’s Management Plan.
FACT: On October 21, 2015, Clackamas 800 Radio Group minutes specify a site review for Cooks Butte.
FACT: On August 10, 2016, Clackamas 800 Radio Group minutes change Cooks Butte from site review to site acquisition.
FACT: On March 15, 2017, Clackamas 800 Radio Group minutes mention “Skyline site is still pending awaiting direction for Lake Oswego on Cooks Butte.”
FACT: On June 26, 2017, upon City request, Walter Emery brokers consent from John, and Les Emery for a public safety facility at Cooks Butte.
**Interesting observation that signed consents have a PDF creation timestamp that is July 24, 2018. Originals for Walter, John, Les include pages 2 & 3 that are site descriptions not deed and have a PDF timestamp that is Oct 9, 2019.
FACT: On November, 22, 2017, Mayor Kent Studebaker received the “Cooks Butte Lease Agreement for Clackamas Emergency Radio Communication System” from the Police Departments Communications Manager.
FACT: On December 5, 2017, Mayor Kent Studebaker and City Council (Kohlhoff, Buck, O’Neill, Manz, Gudman, LaMotte) unanimously passed Resolution 17-69 authorizing the lease for Cooks Butte Meeting Minutes, Page 8.
- FACT: A second proposed location was discussed at the intersection of Bergis Road and Upper Cherry Lane in unincorporated Clackamas County.
- FACT: The City did not conduct a community town hall nor contact the Parks, Recreation, and Natural Resources Advisory Board.
FACT: On April 20, 2018, City Manager Scott Lazenby signs the Clackamas 800 Radio Group’s Cooks Butte lease. Residents were not notified.
FACT: On July 11, 2018, Clackamas 800 Radio Group minutes discuss submitting land use for Cooks Butte and Kerr Parkway once Kerr lease is secured.
FACT: On October 30, 2018, the City and C800 held a neighborhood town hall to discuss a potential 150-foot tower at Kerr Parkway. More than 2-dozen opposed. The City and C800 postponed the proposal.
FACT: On November 14, 2018, Clackamas 800 Radio Group minutes indicate finalizing land use application and tribes requiring review of artifacts per NEPA process. Kerr Parkway on hold.
FACT: On December 5, 2018, Park & Recreation Department Director, Ivan Anderholm, issues a memo for Clackamas 800 Radio Group’s Pre-Application for a conditional land use permit at Cooks Butte.
FACT: On December 10, 2018, the City’s Fire Marshal issues a memo for Clackamas 800 Radio Group’s Pre-Application for a conditional land use permit at Cooks Butte.
FACT: On December 13, 2018, Engineering Department, Mike Ward, issues a memo for Clackamas 800 Radio Group’s Pre-Application for a conditional land use permit at Cooks Butte.
FACT: On December 13, 2018, Planning Department issues Pre-Application Conference Notes for Clackamas 800 Radio Group’s Pre-Application for a conditional land use permit at Cooks Butte.
- FACT: Palisades Neighborhood Association was not present at the Pre-Appplication Conference.
- FACT: This proposal is classified as a major development.
- FACT: The proposed site is estimated to be 50 feet by 50 feet or 2500 square feet.
- FACT: At 196.5 feet, the proposed tower would be two and a half times the otherwise permitted height of structures in this area. The Lake Oswego Code allows for a “maximum height of 75 ft.” for structures in this residential zone.
- FACT: City planners state an emergency communications tower is the same as a ‘telecommunications tower’.
- FACT: The Case File proceeds to refer to this structure as a telecommunications tower or telecommunications facility 21 times over the next 15 pages of the application.
- FACT: The consequences of erecting this tower are clearly defined in three separate places:
- There is also the likelihood of future collocation requests for commercial telecommunications on the tower,
- The tower pad shall be sited in a location that permits additional expansion to accommodate future collocated ancillary facilities, and
- New towers shall be constructed so as to accommodate future collocation… Towers shall be designed so as to accommodate a minimum expansion of three two-way antennas for every 40 vertical feet of tower. This appears to mean that a minimum of 12 antennas could be placed on the proposed 196-foot tower.
- FACT: The word collocation appears in the Case File 13 times.
- FACT: In conformance with the Telecommunication Act of 1996, Section 703, a utility shall provide any telecommunications carrier with nondiscriminatory access
- FACT: Lake Oswego Code requires “A signed agreement stating that the applicant will allow collocation with other users. This letter shall also state that any future owners or operators will allow collocation on the tower.”
- FACT: The Communications Act 2012, Section 1455(a) was enacted to establish a further limitation on state and local land use authority. Specifically, it provides that “a state or local government may not deny and shall approve any eligible facilities request for a modification of an existing wireless tower or base station.” It defines “eligible facilities request” as a request for modification of an existing wireless tower or base that involves collocation of new transmission equipment.
- FACT: Federal law overrides State and City law.
FACT: On April 25, 2019, the Palisades Neighborhood Association held a general meeting where a resident asked about a rumor of a tower in Cooks Butte. PNA board had no knowledge of any such proposal and took an action to verify with City.
FACT: On June 18, 2019, the Palisades Neighborhood Association board minutes show the board learned of the tower proposal at Cooks Butte and made plans to meet with C800. Residents were not informed.
**Not posted until September 10, 2019 – verified by PDF creation timestamp.
FACT: On August 15, 2019, the Palisades Neighborhood Association board minutes show board went on a tower tour with C800 and knew of an upcoming neighborhood meeting. Residents were not informed.
**Not posted until September 10, 2019 – verified by PDF creation timestamp.
FACT: On August 29, 2019, less than 125 residents in the Palisades Neighborhood Association were notified by mail about the proposal by Clackamas 800 Radio Group for a conditional land use permit to construct a 196.5 foot telecommunications tower in Cooks Butte.
- FACT: The envelop was plain white with no identifying information indicating a major development nor action was required.
- FACT: C800 placed 1 sign at 1 park entrance. There are 4 park entrances and 4 park trails by-passed this notice. When asked to place 3 more notices, C800 refused citing they were not required to.
- FACT: C800 says the tower height is 180 feet when it is 196.5 feet. That is about 100 feet taller than the trees.
- FACT: 4 park paths pass by the proposed site.
FACT: On September 4, 2019, residents began to mobilize, reach out to City Councilors, place yard signs, and petition neighbors. Councilors would not speak about Cooks Butte since they may be acting in a quasi-judicial role and that our comments would constitute “ex parte” contact.
FACT: On September 5, 2019, the Palisades Neighborhood Association special board minutes show the board discussing Cooks Butte.
**Not posted until September 10, 2019 – verified by PDF creation timestamp.
FACT: On September 16, 2019, the Palisades Neighborhood Association posted minutes from a Sandy tower site tour with Clackamas 800 Radio Group that occured in July.
FACT: On September 16, 2019, the City held a second Pre-application conference for the Clackamas 800 Radio proposal. Again, the Palisades Neighborhood Association was not present.
FACT: On September 17, 2017, Palisades residents attended the City Council meeting to speak about the proposed telecommunications tower in Cooks Butte during Citizens Comments and were advised the Mayor and Councilors could be acting in a quasi-judicial role and that our comments would constitute “ex parte” contact. We were not allowed to speak.
FACT: On September 18, 2019, Clackamas 800 Radio Group help a 1.5 hour neighborhood information meeting attended by over 150 residents. Read the C800 handout.
FACT: On September 26, 2019, Clackamas 800 Radio Group delivered the Palisades Neighborhood Association with a 4-page summary of the 1.5 hour neighborhood information meeting.
FACT: On October 2, 2019, a neighbor took a field trip to Pete’s Mountain which he observed has 3 cell towers, 2 C800 towers, and another C800 200-foot tower being built.
FACT: On October 4, 2019, residents obtained a copy of the C800 neighborhood information meeting summary. PNA had received it a week earlier. Comments to City due in 1 week.
FACT: On October 9, 2019, Palisades residents provided the City and Palisades Neighborhood Association with a 39-page transcript for the full, unedited video take of the neighborhood information meeting. It details comments, questions, and concerns by residents with little substance to specifics from C800
FACT: On October 9, 2019, the Parks, Recreation, and Natural Resources Advisory Board voted to unanimously oppose a telecommunications tower in the Cooks Butte natural park. Towers and structures are not consistent with the intended use of LO natural area parks.
- FACT: Cooks Butte was originally on the agenda, but was removed for unknown reasons before the meeting.
- FACT: City Councilor excused himself from the room when Cooks Butte discussion started.
- FACT: Over 35 residents showed up for Citizen Comments to discuss the issue of a tower in Cooks Butte natural park.
- FACT: Parks Board was not informed nor consulted by the Mayor nor City Council on siting a tower in a natural park.
FACT: From October 12-14, 2019, residents went door-to-door, delivering 1500-1700 flyers. to Palisades Neighborhood Association residents informing them about the General Meeting on Oct 17th and the importance of their attendance to oppose the telecommunications tower at Cooks Butte.
FACT: As of October 16, 2019, residents had acquired more than 760 petition signatures from face-to-face interactions opposing the telecommunication tower in Cooks Butte.