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HomeMy WebLinkAbout10/10/1988 Meeting e M I NUT E S Eugene City Council Dinner/Work Session McNutt Room--City Hall October 10, 1988 5:30 p.m. COUNCILORS PRESENT: Ruth Bascom, Rob Bennett, Debra Ehrman, Freeman Holmer, Jeff Miller, Roger Rutan, Emily Schue. COUNCILORS ABSENT: Cynthia Wooten. The regular meeting of the Eugene City Council was called to order by Mayor Brian Obie. Mayor Obie announced that he had held a press conference regarding the claim that he favors moving the fairgrounds. Mayor Obie said he never proposed to move the fairgrounds. Dave Whitlow, Assistant City Manager, said an application for a parade permit was received from a group who wants to march on October 15, 1988, to oppose US involvement in Central America. The group wanted to march down portions - of Franklin Boulevard and 7th Avenue. Mr. Whitlow said the application was denied because the parade was scheduled for the same day as a home football game and there would not be enough police staffing available. He said an appeal of the denial was filed and the City Council is required to hear the appeal within three days. Ms. Ehrman and Mr. Rutan volunteered to hear the appeal in the event that the issue could not be resolved. I. WORK SESSION: WETLANDS ISSUES IN WEST EUGENE Jim Croteau, Planning staff, introduced members of a group organized to work on wetlands issues. Steve Gordon, Lane Council of Governments, gave an overview of wetlands issues. He said there are several definitions for a wetland. The Fish and Wildlife Service uses a biologically-based definition that is dependent on the types and numbers of plant species in an area. The Army Corps of Engineers and the Oregon Division of State Lands uses a definition of wetlands based on the soil, hydrology, and plants in an area. Mr. Gordon said the Clean Water Act was passed by congress in 1977. In the mid-1980s, local jurisdictions included a policy in the Metro Plan requiring them to deal with wetlands issues in a more effective manner. In 1987, staff began to review the city's natural resources and Esther Lev was hired to help with a metro-wide wetlands inventory. - MINUTES--Eugene City Council October 10, 1988 Page 1 e Mr. Gordon said Ms. lev employed the biologically-based definition of a wetland in her inventory. She found that the largest concentration of wetlands in the metro area is in West Eugene. Mr. Gordon said staff is confident that Ms. Levis inventory is well-done and in cases other regulatory agencies have done independent inventories, the results of their inventories have been virtually identical to those of Ms. Lev. Mr. Gordon said if the City were to use the definition of a wetland employed by the Division of State lands and the Army Corps of Engineers, the number of wetlands in the metro area would be less extensive. He said the City has applied for a grant from the Environmental Protection Agency to do additional soil sampling, hydrological testing, and plant analyses. Mr. Gordon stressed that wetlands are protected by State and Federal agencies. He said staff recognizes the value of wetlands to the public; wetlands provide flood control relief, water purification, stabilize the soil and prevent erosion, provide wildlife and plant habitat, and recreational opportunities. Mr. Rutan asked why the City is just now recognizing the wetlands in West Eugene after putting significant amounts of money into improving and developing the area. Mr. Gordon said the Federal law regarding wetlands changed in 1977 with passage of the Clean Water Act. After the law was passed, it took time to get State laws into place and for the State to become active in enforcing those laws. Mr. Gordon said even today State and Federal e regulations surrounding wetlands are not well understood. Mr. Gleason added that until quite recently the City believed it had successfully resolved the wetlands issues as they pertained to property being developed in West Eugene. In response to a question from Mr. Miller, Mr. Gordon said the push for recognizing wetlands issues is growing nationwide. He said there is just beginning to be case law upon which local jurisdictions can base their interpretations of State and Federal wetlands regulations. Mr. Gordon felt it has taken longer for the issue to reach Oregon than Seattle or San Francisco because development pressures have not been as great here. Answering a question from Ms. Schue, Mr. Gordon said past legislation has not sided with the property owners with regard to taking issues. He felt that pending legislation might reverse this trend, however. Mr. Croteau reviewed Spectra-Physics' plans for expansion. He said it is estimated that 750 or more jobs could be created by the expansion. The City has been working with Spectra-Physics to identify regulated wetlands on the company's property and to prepare an application for mitigation to be made to the Division of State Lands and the Army Corps of Engineers. Mr. Croteau said one critical piece in receiving a fill permit is the demonstration of need for the fill on that site. He said Spectra-PhysiCS has a real need to locate its expansion on the site which will work in its favor. - .. e MINUTES--Eugene City Council October 10, 1988 Page 2 e The wetland area on Spectra-Physics' property comprises two separate areas: the Ash Forest (a highly rated wetland) on the western portion of the property, and a grassy wetland on the eastern portion of the property. Mr. Croteau said the fill permit for the site proposes filling the wetland on the eastern side of the property and preserving the Ash Forest. Mr. Croteau said there is a statute requiring that there be no net loss of wetlands, so if the fill application is successful, replacement of the wetlands will occur in an area as close to Spectra-Physics as possible. In addition, mitigation must occur on a non-wetland area, so property will have to be purchased for this purpose. Mr. Croteau said the City will begin working on the Comprehensive Wetlands Management Plan (CWMP) this year when the Spectra-Physics project is complete. He said the study will be a functional plan that will help provide an early identification of wetlands, identify the relative value and functions of wetlands, and recommendations about which of the identified wetlands should be preserved and which should be filled. Mr. Croteau said the study would also make recommendations about replacing those industrially-zoned lands that are to be preserved as wetlands. In addition, staff would like to develop a comprehensive plan for mitigation of filled wetlands. Mr. Croteau said staff will need resources for the development of this plan during the upcoming budget period. Mr. Rutan said he would like the City to take a look at all the possible options and develop a distinct legislative plan for dealing with wetlands issues. He said this could range from refusing to comply with State and e Federal legislation, to proposing changes in the law, to developing a comprehensive plan to meet existing regulations. Mr. Gleason stressed that in order to be effective in analyzing options and focussing staff efforts, it would be important to conduct some basic documentation work. Doug Eveleth, Business Assistance Team, said staff has been focusing much effort on helping Spectra-Physics deal with its wetland issues because Spectra-Physics is so important to the community. He said if Spectra-Physics is not able to expand its operation on site, the company may move out of the community. This could cost a total of 1,250 jobs. Mr. Eveleth said the City is applying for lottery funds to finance a portion of the costs associated with the mitigation site acquisition. If the application is successful, it will require that the City and Spectra-Physics incur debt, that the mitigation site be publicly owned, and that the total project costs be financed by 50 percent grant money and 50 percent loan. Mr. Eveleth said the Oregon Economic Department (OED) has an administrative rule that will not allow money to be spent on off-site public improvements. He said this poses a problem because the proposed mitigation site is not on property owned by Spectra-PhysiCS. He said the City has sent a statement to the OED supporting the off-site mitigation. The Attorney General is currently reviewing the case; if he decides in the City's favor, the City will receive the $120,000 grant. e MINUTES--Eugene City Council October 10, 1988 Page 3 e Ms. Schue asked about Spectra-Physics' attitude toward participating in the mitigation costs. Mr. Croteau said Spectra-Physics was in disbelief when it found out about the wetlands requirements and the added expense of fulfilling these requirements. He said Spectra-Physics has not committed to remaining in the area, but has not made a decision to leave either. Mr. Holmer felt the City should at least be prepared to help Spectra-Physics by acquiring a loan from the State for the company. He was not certain whether the City should participate any further than this. Mr. Holmer pointed out that Spectra-Physics bought property which was zoned industrial; he felt this implies a certain amount of City obligation for dealing with the wetlands issue. Mr. Miller felt it is a question of how much money the City is willing to spend on economic development to create 750 jobs. Ms. Ehrman said that beyond this question is the issue of precedence; she felt many other companies would want the same kind of City assistance in the future. Mr. Gleason said one way to deal with the additional mitigation requests is to establish a funding mechanism in which wetlands mitigation is treated similar to the development of storm and sanitary sewer systems. Mayor Obie felt the council should keep in mind the huge public investment in the west Eugene area. He felt the City should be part of the solution in order to protect the public investment. e Ms. Bascom pointed out that Spectra-Physics is important to the community not only for the jobs it provides, but for its ability to attract similar businesses to the area. Ms. Schue agreed, saying Spectra-Physics could be extremely important in recruiting businesses for the Riverfront Research Park. Mr. Rutan felt the council should further discuss the issue. He said there are creative ways of financing the $120,000 debt the City would incur if it helps Spectra-Physics with mitigation. He felt the City should consider all of the options and should negotiate with Spectra-Physics to determine its level of participation. Mr. Bennett said he is interested in having the City be part of the solution to wetlands problems. He stressed that financial contributions are not the only way for the City to get involved, however. He felt the City should pursue legislative changes to make the definition of a wetland clearer as well as creative mitigation options. Mr. Bennett said the City has a right to bargain about this issue and that Spectra-Physics should feel some responsibility for contributing to the solution of its wetlands problems. He pointed out that no company get into business believing everything will go smoothly. Ms. Ehrman agreed that the City should be helpful to Spectra-Physics and said City staff have already been generous with its time. She voiced concern that Spectra-Physics currently feels no responsibility for dealing with the issue. e MINUTES--Eugene City Council October 10, 1988 Page 4 - e Ms. Ehrman said she is uncomfortable with the City picking up Spectra-Physics' mitigation costs because of the precedence it would set. Ms. Schue said it is clear that the City should work on a comprehensive plan for preservation and mitigation of wetlands. She was not ready to commit any amount of funding to Spectra-Physics) although she felt staff should begin negotiations with the company. Mayor Obie said the City should look for a solution that will not put the burden of mitigation on individual businesses. He said wetlands are a community problem and feels some type of assistance program must be developed. Ms. Schue asked about the possibility for tax increment financing. Staff was directed to look into this option. The council agreed that the Council Committee on Economic Diversification should serve as its process point for wetlands issues in the future. At 7 p.m.) the meeting was adjourned to October 12, 1988. Respectfully submitted) /"! ~ ;-;? ~:>.> ',-: '::'::,':',~"~.'",:." ~;:/'? ( < '.'. ,', 'OJ' ,t.' .' IV ....".. .,;- / #-" /',-"'---~::'--- e Micheal Gleason ' City Manager (Recorded by Tanya Northman) MNCC 101088 e MINUTES--Eugene City Council October 10) 1988 Page 5