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HomeMy WebLinkAbout05/22/1985 Meeting (2) - e e M I NUT E S Lane County Board of Commissioners Springfield City Council Eugene City Council Joint Public Hearing Harri sHall May 22, 1985 7:30 p.m. PRESENT: Peter DeFazio, Bill Rogers, Jerry Rust, John Ball, Chuck Ivey, Lane County Commissioners; Chris Larson, Dick Gassman, Fred Simmons, Springfield City Council; Cynthia Wooten, Richard Hansen, Emily Schue, Ruth Bascom, Debra Ehrman, Jeff Miller, Roger Rutan, Eugene City Council; Eugene Mayor Brian Obie. Mr. Gassman called the meeting to order in his capacity as chairperson of the Metropolitan Policy Committee (MPC). Mr. DeFazio called the Lane County Board of Commissioners to order. He read the ordinances which would be considered. Mayor Brian B. Obie called the meeting of the City Council of the City of Eugene, Oregon, to order. Ms. larson said the Springfield City Charter does not permit the City Council to convene and deliberate outside the city limits; therefore, the Springfield City Council members were present to receive information only. I. INTRODUCTION OF ELECTED OFFICIALS The Lane County Commissioners, the Eugene City Councilors, and the Springfield City Councilors introduced themselves. II. OPENING REMARKS BY CHAIRPERSON Mr. Gassman said the goal of the joint meeting was to hear testimony and informally reach a consensus on unresolved issues so that the entire Metro- politan Area General Plan will receive acknowledgement from the Land Conser- vation and Development Commission (LCDC). He said the area is under a continuance order from the LCDC to resolve the issues. Failure to resolve the issues could result in LCDC sanctions. Mr. Gassman said the Metropolitan Area Plan Advisory Committee (MAPAC) reviewed the material sent to the elected officials and MPC and the planning commissions of each of the jurisdictions forwarded recommendations to the MINUTES--Eugene City Council, Springfield City Council Lane County Board of Commissioners May 22, 1985 Page 1 - elected officials. The Lane County Planning Commission's recommendation on the Pudding Creek Heronry is the only recommendation which did not agree with the MPC recommendation. Mr. Gassman reviewed the format which would be followed during the hearing. III. STAFF PRESENTATION Steve Gordons l-COG Division Manager of Planning and Community Development, reviewed the recommendations on issues concerning Statewide Goal 5. He said the natural resource designation was recommended for the Confluence Island Heronry. An amendment to the Metro Plan would prohibit sand and gravel opera- tions during the nesting season near the heronry. The MPC and the Eugene and Springfield Planning Commissions recommended a policy approach and conditions to a sand and gravel operational permit which would prohibit the removal of vegetation within 400 feet of the Pudding Creek Heronry and prohibit sand and gravel operations during the nesting season. The lane County Planning Commis- sion recommended a natural resource designation for the Pudding Creek Heronry and a Metro Plan amendment which would prohibit sand and gravel operations during the nesting season. The MPC and the planning commissions recommended a natural resource designation and development of a management plan for six acres in the Russel Creek Basin to protect the Microcala quadrangularis (Timwort) pl ant. e Jim Mann, Lane County Planning Department, reviewed the recommendations for the Mahlon Sweet Field "exception" area. An agricultural designation and rezoning to exclusive farm use (EFU) with a commercial airport safety (CAS) overlay zone is recommended for the 280-acre Drake and Kokkeler properties. The overlay zone will restrict many of the non-farm uses which are permitted in the EFU zone. Discussing the rezoning of specific Lane County land parcels, Mr. Mann said the recommendation is to amend the exception to include two tax lots and rezone them from EFU to rural residential. A change in zone from EFU to park and recreation for part of Armitage State Park is recommended. A change in a map to indicate the Willamette Greenway Boundary is recommended. An amendment to the Forest Lands Working Paper and the addition of several policies is recommended. Two changes to the description of the airport area are also recoJTl1lended. Answering questions from Ms. Wooten, Susan Brody, Eugene Planning Director, said the CAS zone on the Drake and Kokkeler properties will restrict uses such as the height of structures which might interfere with the operation of the airport. The uses allowed in the lane County EFU zone will be permitted on the properti es. IV. PUBLIC HEARING Mr. Gassman opened the public hearing. e, MINUTES--Eugene City Council, Springfield City Council lane County Board of Commissioners May 22, 1985 Page 2 - A. Confluence Island Heronry Working Paper and Plan Amendments David Harmonmi11er, 1234 M Street, Springfield, liked the naturalness of Oregon and is sorry it is being chipped away. He said the heronry is an asset. Barbara Kelley, 540 Kingswood, Eugene, read a poem about the value of herons. She presented it in written form along with a picture of a heron to the elected officials. Answering a question from her, Mr. Gordon said a vege- tative fringe around the heronries will be preserved all year and sand and gravel operations will be restricted within 1,000 feet of the heronry during the nesting season. Bob Moulton, 180 East 11th, Eugene, represented Delta Sand and Gravel Company which owns most of the Confluence Island. He urged approval of the recommen- dation. He said the buffer is larger than 400 feet to the north and west of the heronry. He said the land on the Confluence Island is not good for agricultural use. e Answering a question from Ms. Ehrman, Mr. Moulton said his client is happy with the recommended designation for the Confluence Island. His client had concluded that the recommendation for the Pudding Creek Heronry provides appropriate protection for the herons and is more flexible than the natural resource (NR) designation which is recommended for the Confluence Island. Therefore, his client indicated to the MPC that the method of protecting the Pudding Creek Heronry may be requested for the Confluence Island in the future. Mr. Moulton emphasized that the Babb family which owns Delta Sand and Gravel have always planned to protect the heronry. Allen Dale Babb, 695 Fair Oaks Drive, said he was available to answer ques- tions. B. Heronries in General Gwynne Schultz, P.O. Box 5086, represented the lane County Audubon Society. She sa1d the society has been concerned with the protection of heron rookeries because there has been a decline in the number of Great Blue Herons in the. Willamette Valley because of a decrease in their habitat. She recommended the NR designation for the Pudding Creek Heronry and said it is important to protect all natural areas in the same way. e Ms. Schultz said changes in the regulations can be made by a land owner easier if an operational plan is adopted than if the NR designation is applied. She wondered what degree of public involvement there would be if an administrative change is made in the operational plan. She also wondered if the Sand and Gravel Review Committee could modify the operational plan. Ms. Schultz was concerned about the three-year abandonment clause for the Pudding Creek Heronry. She said herons are very easily flushed away from a nesting site. It would be hard to prove the rookery had not been abandoned if the birds were frightened away three years in a row. She emphasized the need for suitable habitat for the herons. She wondered what kind of public involvement there will be if the Fish and Wildlife Department investigates the possibility of abandonment. MINUTES--Eugene City Council, Springfield City Council lane County Board of Commissioners May 22, 1985 Page 3 - - e Jim Greer, 3150 East Main, Springfield, represented the Oregon Fish and Wildlife Department. He agreed with the recommendations for the Confluence Island Heronry. He said herons sometimes return to an abandoned heronry. He recommended a condition that would begin the three-year period over again for the ,Pudding Creek Heronry if the herons returned within the three-year period when abandonment is being considered. Mr. Rust said that Confluence Island has the largest number of cottonwood trees and the largest rookery in the Willamette system. He wondered if the Fish and Wildlife Department was concerned about it. Mr. Greer said the department is reviewing all the heron rookery habitats in the Willamette system. The Confluence Island site might be considered valuable even if it is abandoned. Answering other questions, Mr. Greer said he assumed there would be very little activity near the rookeries. The herons should be there for a long time. The Fi sh and Wil d1 i fe Department will have to "get its act together" if the herons abandon a rookery next year. The Fish and Wildlife Department recommended the NR designation for both the Confluence Island and Pudding Creek heronries when the protection process began. Department representatives felt three years is an adequate period to evaluate an abandonment. Mr. Ball asked why the Fish and Wildlife Department had changed its recom- mendation for the Pudding Creek Heronry from NR to sand and gravel with a management plan. Mr. Greer replied that originally the department's concern had been for all wildlife habitat. Cottonwood habitats have been declining, but they can be replaced by simply letting them grow back. The department is now focusing on the heronry and that is why it agrees with the L-COG recommen- dation. The completion of an inventory of the Willamette system is important, but Mr. Greer did not know if it is a priority in the department's budget. He would give the names of people active in the Department of Fish and Wildlife budgeting process to Mr. Ball. Responding to a question from Mr. Obie, Mr. Greer said heron rookery habitats in Lane County have improved. The planning process has forced the improve- ment. There are some small, fragmented rookeries in conifers and softwoods. Many are in timber lands. The largest rookeries are on the Wi1lamette River from Portland to Eugene. Several large heronries on the Wi1lamette River have been lost in the last five to ten years because of harvesting of the trees. Herons require fairly large cottonwood trees. The Pudding Creek Heronry has smaller trees than most of the heronries in the county. The number of herons in the county has probably been static for the last three or four years. It declined before that because of the loss of the large heronries on the Wi1lamette River. Mr. Ball said the Pudding Creek Heronry had more than 50 active nests in 1980 or 1981 and about 30 active nests in 1984 or 1985. Answering questions from Mr. Simmons, Mr. Greer said he would prefer the NR designation for the Pudding Creek Heronry. The buffer exists now. The department's major concern about the gypsy moth spraying was harrassment of the herons. The department is monitoring the Great Blue Heron and Osprey Eagle areas that have been sprayed. MINUTES--Eugene City Council, Springfield City Council Lane County Board of Commissioners May 22, 1985 Page 4 e e - Richard Shapiro, 1848 Happy Lane, said he sees the herons frequently. He said there is not enough information to specify exactly the area needed by the herons. He urged the application of the NR designation. He said clean rivers and the ability to see birds and other wildlife make Eugene unique. If they are destroyed, Eugene and Springfield will lose unique qualities. Shoshanah Thiel1e, P.O. Box 1485, Eugene, said 400 feet is not enough of a buffer zone for herons. The noise of a sand and gravel truck will drive the birds away because they are shy. She said the first concern of the sand and gravel companies is money. She urged protection for the birds. Michael Horton, 90541 Smith Lane, said the sand and gravel companies are concerned about business, but they are also concerned about public relations. He suggested development of the sand and gravel resource be permitted in stages toward the heronries. If the herons are disturbed and abandon the site, the sand and gravel extraction should be stopped. C. Pudding Creek Heronry Working Paper and Plan Amendments Randall Hledik, P.O. Box 7428, Eugene, represented Wildish Land Company. He submitted some testimony in writing. He urged support of the recommendation of the MPC and Eugene and Springfield Planning Commissions. He said the recommmendation protects the Pudding Creek Heronry. No purposeful removal of vegetation and no recreation can occur within the 400-foot buffer. There can be no extraction within the 1 ,OOO-foot buffer in the nesting season. The recommendation also recognizes the importance of the underlying sand and gravel, complies with Statewide Goals and Guidelines, adheres to the spirit of the Goal 5 conflict resolution process, and provides an environment in which both public and private concerns are addressed. Mr. H1edik said 50 acres of sand and gravel in Lane County is significant. A 1984 L-COG inventory of sand and gravel deposits indicated there is only 25 percent more sand and gravel available than will be needed to the year 2000. Twenty-five percent is only a four-year supply. Fifty acres is two to three years of production for Wi1dish Land Company. Sand and gravel opera- tions have taken place on the Pudding Creek property for 18 years. The company simply wants to maintain the use. Sand and gravel is an important resource. Mr. Hledik said the Greenway Goal states that uses in effect before December, 1975, should be allowed to continue and seasonal increases in sand and gravel operations should be allowed. The Wildish Land Company was operating in the Pudding Creek area before December, 1975. Mr. H1edik emphasized that the heronry will be protected if the recommendation is approved. Mr. H1edik said the restrictions on the use of the Pudding Creek site are not automatically lifted if the herons abandon the site for three years. The Department of Fish and Wildlife, Lane County, and the two cities will then evaluate the site. If a decision is made that the site is still significant, the restrictions may remain. MINUTES--Eugene City Council, Springfield City Council lane County Board of Commissioners May 22, 1985 Page 5 e Mr. H1edik said the Sand and Gravel Review Committee reviews operational standards, but an advisory board to the committee could be appointed. It could be composed of conservationists, farmers, and others with specific concerns. Addressing the consistency issue, Mr. Hledik said several methods are used in Oregon to protect natural areas. For instance, Metro Plan policies and site review procedures are used to protect Gillespie Butte while other approaches are used in Willow Creek. He said there is an operational plan for the Pudding Creek area filed with Lane County now. Excluding the Pudding Creek and Confluence Island heronries, only one of the 14, privately-owned heronries identified in 1984 in Lane County has the NR designation. Lane County Ordinance PA 892 indicates management plans should be developed for the 100 sensitive nesting and feeding sites in the county. Mr. Hledik had no objection to the condition suggested by Mr. Greer which would start the three-year period again if the herons return to an abandoned site. He urged approval of the recommendations. Mr. Rust wondered about the need for sand and gravel property. Mr. H1edik said the property at the end of County Farm Road on the south side of the McKenzie River will be mined out in five to ten years. If economic develop- ment increases, sand and gravel use will increase. Wi1dish Land Company will protect the heronry, but it would like to be able to use the sand and gravel in the Pudding Creek area. Mr. Miller asked what the Wi1dish Company will do if the herons are still at Pudding Creek and the sand and gravel is needed. Mr. H1edik said, "Then it is our tough luck." Responding to a question from Mr. Simmons, Mr. Hledik said about 200 acres are affected by the Wi1dish Company during a year. About 50 acres about 15 feet deep will supply sand and gravel for two or three seasons. Answering questions from Mr. Ball, Mr. Hledik said most of the Wi1dish produc- tion is along the McKenzie River. The area near Mt. Pisgah is not actively used, but it is under permit. It might be needed in five or ten years. Mr. Ball said the buffer in the operational plan is the same as the buffer in the NR zone. He wondered what would happen if the heronry is abandoned and the Fish and Wildlife Department has not completed studies necessary to deter- mine if the heronry should be maintained because it may be needed in the future. In response, Mr. H1edik read Policy 36 (c) in the Metro Plan which indicates any of the three jurisdictions may provide information if abandon- ment is considered. Mr. Ball said the information he would need would probably have to be provided by the Fish and Wildlife Department. Responding to another question from Mr. Ball, Mr. H1edik said his company had been involved in negotiations for a land swap. The Wi1dish Company is sub- mitting a proposal for a broad study of the Mt. Pisgah area which will ignore present boundary lines and which will recognize that the land north of the Howard Buford Park is in private ownership, but that perhaps it should be in pUblic ownership. Mr. Ball assumed the company would be willing to include ~ the Pudding Creek Heronry in the transfer of ownership. e MINUTES--Eugene City Council, Springfield City Council Lane County Board of Commissioners May 22, 1985 Page 6 e e e Sue Boyd, 3429 Stark Court, Eugene, is president of the league of Women Voters of Lane County. She read her testimony and then submitted it in writing. She said the same protection should be given to the Pudding Creek Heronry that is given the Confluence Island Heronry. The less restrictive treatment for the Pudding Creek Heronry was based mainly on the desires of the landowner. It was not based on the needs of the herons. She said Statewide Goals 5 and 15 require protection of the habitat and the NR designation offers the best guarantee that the habitat will be protected. She urged approval of the recommendation of the Lane County Planning Commission. Mr. Gassman asked if anyone else wished to testify on the heronries, the Russel Creek Basin working paper, the airport exceptions working paper, the Chapter 16 revisions to the County rural development code, the forest lands working paper, or the rezoning of specific Lane County land parcels. No one else wished to testify. The meeting was adjourned at 9 p.m. and reconvened at 9:19 p.m. Replying to questions from Mr. Rogers and Mr. DeFazio, Mr. Greer said he did not know why the number of heron nests at Pudding Creek has decreased. Timber was removed from the area in 1981. Mr. Greer thought the Salem office of the Fish and Wildlife Department was considering the application of an operational management plan to some heronries. Answering questions from Mr. Rust, Mr. Gordon said the Confluence Island is in the floodway. A series of permits will have to be acquired before sand and gravel can be removed. There will have to be a setback water analysis. Most of the sand and gravel deposits in the county are in floodways or flood plains. The hazard goal is addressed in the working paper by the recognition of the necessity for special permits. Mr. Gassman closed the public hearing. Mr. Obie suggested the councilors and commissioners be provided the oppor- tunity to question each other. Ms. Wooten suggested a discussion of the Pudding Creek Heronry because there seemed to be agreement on the other issues. She favored the NR designation for the Pudding Creek Heronry. Mr. Gassman said there seemed to be consensus on the other issues. Mr. Rust said he would not lIbuy intoll the recommendation for the Confluence Island, but he thought a majority of the Board of Commissioners will. He favored an NR designation for the whole island because the cottonwood stand is unique. However, he felt the NR designation for the recommended portion of the island is pretty good protection. Ms. Ehrman said Mr. Moulton indicated that Delta Sand and Gravel Company will request the same designation for the Confluence Island as is being recommended for the Pudding Creek area. Consequently, the two heronries will be treated equally. MINUTES--Eugene City Council, Springfield City Council Lane County Board of Commissioners May 22, 1985 Page 7 e e - Mr. Ball said the three jurisdictions agreed that a land swap in the Pudding Creek area is the preferable solution. So far, it has been lane County's responsibility to swap County land for private holdings. He wondered if the Eugene and Springfield City Councils would be willing to help. Ms. Wooten said a land swap is the County's responsibility. The attorneys have indicated that an NR designation for the Pudding Creek Heronry is not a "taking" issue and, therefore, a land exchange is not necessary for the application of the NR designation. Mr. DeFazio said the land swap issue should be separated from the heronry protection issues. The three jurisdictions agreed that a land swap was the preferable solution during an earlier consideration of the Metro Plan. The Lane County Board of Commissioners, the Eugene City Council, and the representatives of the Springfield City Council divided into their respective groups for discussion about 9:30 p.m. Eugene City Council Mayor Obie opened the discussion. He said the recommendation for the airport exception area contained new information. Ms. Brody replied that the recom- mended EFU zone and the overlay zone are acceptable to her, to Airport Manager Bob Shelby, and to City Manager Micheal Gleason. Ms. Brody said the Planning Commission voted 5:2 to recommend the operational management plan for the Pudding Creek Heronry. Dorothy Anderson, President of the Planning Commission, said she had voted with the minority of the commis- sion. Ms. Brody said the majority of the commission indicated the operational plan is an experiment which looks as though it will provide protection and the minority were concerned with the level of protection provided the heronry. Mr. Hansen said all the agencies are willing to work with the operational management plan and there are lots of checks and balances. He urged cooper- ation. He said protection of the birds is the most important thing. He supported the MPC and Planning Commission recommendation. Ms. Schue is on the MPC. She said the original staff recommendation to the MPC was the NR designation for each heronry. She said the Babbs, who own Delta Sand and Gravel, wanted to protect the herons and wanted to be coopera- tive. The NR designation was worked out satisfactorily. Representatives from Wildish Land Company did not want the NR designation. The MPC members kept telling the staff to find a compromise. If the MPC members had wanted the NR designation for the Wildish property, they should have said so to the staff. The staff worked out a compromise for the Pudding Creek area. Most of the MPC members approved the compromise even though it might not be the best solution. Only one MPC member opposed the recommendation. Ms. Wooten said she would not support the MPC recommendation for Pudding Creek. She thought an NR designation would provide more protection for the heronry and she did not want to create a precedent for a change in the MINUTES--Eugene City Council, Springfield City Council Lane County Board of Commissioners May 22, 1985 Page 8 - Confluence Island designation. She noted that the designations can be changed if there is a need for more sand and gravel before the year 2000. The opera- tional management plan was the result of direction from the MPC which is a political group. The original recommendation of Mr. Gordon and the Fish and Wildlife Department was an NR designation for both heronries. Mr. Miller favored the NR designation for Pudding Creek with the understanding that studies that will provide needed information will be completed. He said an operational management plan could be kept lion the shelf." Ms. Ehrman did not want to experiment and destroy the nesting habitat, and so she favored the NR designation. She felt the same protection should be given to each of the heronries. Ms. Bascom said the operational management plan provided as much protection as the NR designation. She did not feel the councilors should be afraid of the plan or feel it is a compromise. She said the heronries are different and do not need to be treated the same. She was reassured to learn the three-year review will begin again if the herons return to an abandoned rookery. Later in the meeting, she said she could vote either way if a consensus with County representatives could be reached. The councilors said they did not know much about the land swap issue Mr. Ball had raised. e Ms. Brody suggested the council wait to act on the Planning Commission's recommendation until after the Lane County Board of Commissioners has acted on the recommendation. Mr. Hansen left the meeting. Lane County Board of Commissioners Roy Burns read the Pudding Creek Working Paper recommendation regarding land exchanges. The pOlicy puts impetus on the State to come up with solutions. Bill VanVactor, County Legal Counsel, recommended that if jurisdictions do not approve the NR designation, the Metro Plan boundaries should be changed to delete City jurisdictions. Roy Burns read the Metro Plan conflict resolution process if counties and cities disagree and the commissioners discussed the procedure. Jerry Rust asked Bill Rogers how he felt about the NR designation. Mr. Rogers commented that consistency is important, and said landowners differ in their willingness to cooperate. He will support a management plan for Pudding Creek. He saw some inconsistency in the Fish and Wildlife Department treatment of approaches. Chuck Ivey concurred with Rogers. Mr. Ivey pointed out the coastal heronry policies afford as much protection. The process of change in the NR designa- tion is too rigid if change is necessary. - MINUTES--Eugene City Council, Springfield City Council lane County Board of Commissioners May 22, 1985 Page 9 . e . -~ Mr. Rust said Jim Greer has been helpful. Mr. Ivey said the Babb family, which owns the Confluence Island, was coopera- tive and that should be recognized. John Ball said the County has the responsibility with other jurisdictions to find a comprehensive solution, but other jurisdictions do not appear willing. The community will be better served by a management plan with more options. If the cities are not willing to cooperate with joint planning, he would be willing to elaborate the plan. In terms of ecological activities and protec- tion, both approaches are similar. Roy Burns said the urban growth boundary can be expanded. Mr. Rust suggested the commissioners not take action. Springfield City Council Richard Gassman stated that the MPC recommendations had been developed after much information and discussion by elected officials and Planning Commission members. Fred Simmons indicated a preference for a natural resource designation on the Pudding Creek Heronry. He indicated that the operational plan did not appear to offer as much protection. Chris Larson indicated that it was important for locally elected officials to reach a compromise to resolve the remaining Metropolitan Plan acknowledgement issues. Since the Springfield City Council members could not take official action, they agreed that they could playa key role in any Eugene/Lane County com- promise and would recommend to the Springfield City Council that a solution be reached as Quickly as possible. They agreed unanimously with the MPC recom- mendations except for Pudding Creek. Fred Simmons still felt strongly that a natural resource designation should be applied. Mr. Gassman reconvened all the groups together at 9:50 p.m. Mr. Obie said the Eugene City Council did not reach a conclusion. The council will have a work session and review the Pudding Creek issue. Mr. DeFazio said the Lane County Board of Commissioners reached a 2:2:1 consensus. He suggested Mr. Ball explain the vote. Mr. Ball wanted to protect the heronries, but he did not want to deal with them in isolation. He said there is a broad land use issue in the Mt. Pisgah area which has been MINUTES--Eugene City Council, Springfield City Council May 22, 1985 Page 10 Lane County Board of Commissioners ~ identified in the community for many years. It involves all the publicly- '." owned land around Mt. Pisgah and the privately-owned land along the river. Mr. Ball said each of the three jurisdictions is concerned about the zoning in the area, and the jurisdictions share the responsibility for making a public decision of the values in the area and how they will be addressed. If the cities are willing to commit to a short time line for a joint effort to plan the future of the Buford Park and the surrounding area with the County, the NR zoning makes sense. If the cities are not willing to go along, he will accept the concept of a management policy although the recommended management policy is not acceptable to him. It will have to be strengthened. In that case, the cities will have no obligation to participate in the long-range planning. Ms. Wooten asked Mr. Ball if he was proposing that City land be part of a land exchange. He replied that he would consider all options. Ms. Larson reported that there was no official discussion of the Springfield City Council, but the Council probably will not oppose the other jurisdic- tions. . Mr. Obie said the Eugene Council wished to resolve the issue. He said the council will consider Mr. Ball's suggestion. He also said there might be support in the Eugene City Council for a more restrictive operational management plan. Mr. Gassman said the Springfield councilors present agreed that the issue concerning Mt. Pisgah is an area-wide one. They would be willing to partici- pate in planning. The meeting was adjourned at 9:55 p.m. (Recorded by Betty Lou Rarick) 1 746C ;. MINUTES--Eugene City Council, Springfield City Council May 22, 1985 Page 11 Lane County Board of Commissioners