Loading...
HomeMy WebLinkAbout04/08/1992 Meeting (2) e e . M I NUT E S Eugene City Council lane County Board of Commissioners Joint Public Hearing Council Chamber--Eugene City Hall April 8, 1992 7 p.m. EUGENE Shawn Boles, Chair; Ruth Bascom, Debra Ehrman, COUNCILORS PRESENT: Randy MacDonald, Paul Nicholson, Kaye Robinette, Roger Rutan. EUGENE COUNCILORS ABSENT: Bobby Green. COMMISSIONERS Ellie Dumdi, Chair; Steve Cornacchla, Jack Roberts, PRESENT: Jerry Rust. COMMISSIONERS ABSENT: Marie Frazier. I. PUBLIC HEARING: EUGENE COMMERCIAL LANDS STUDY Mr. Boles called the Eugene City Council to order. Ms. Dumdi called the Lane County Board of Commissioners to order. Mr. Boles opened the joint public hearing. A. Staff Introduction Teresa Bishow, of the Eugene Planning and Development Department, said that the Draft Eugene Commercial lands Study has been recommended for approval by the lane County and Eugene planning commissions. She presented the following staff responses to issues raised at work sessions. Regarding allowing 15 acres of additional neighborhood commercial land in the south Eugene area, Ms. Bishow said that staff has provided three options for consideration: 1) to retain the allowance of adding up to 15 acres of neigh- borhood commercial land; 2) to reduce the amount of new neighborhood commer- cial land allowed to 5 acres; or 3) to consider downtown the service area for south Eugene and only allow additional neighborhood commercial land if done in conjunction with new medium-density residential development. MINUTES--Joint Elected Officials April 8, 1992 Page 1 e e e Regarding radius clauses/private covenants, Ms. Bishow said that the City Attorney who did research on the issue has provided information in the agenda packet and is available for questions. Regarding cost impacts to the private sector if the City improves design standards of commercial development, Ms. Bishow said that a cost comparison done by WEGROUP is provided in the agenda packet. For small commercial projects, the increased costs would be approximately 1.26 percent of the total construction costs. For larger scale commercial projects, the cost increase would be approximately 2 percent. Regarding Systems Development Charges (SDCs), the Public Works Department indicates that the new method for collecting the fees is effective. In Au- gust 2, the Public Works Department will conduct a one-year review of the SOCs which will include examining equity and the impact of SDCs on downtown development. Regarding the number of sites that lack adequate public services for develop- ment, Ms. Bishow said that the majority of vacant commercial sites can be served. She added that about 9S acres of vacant commercial land currently do not have sanitary sewer service. However, the extension of those facilities can be done based on demand and the logical extension of the utility. Regarding the Commercial lands Study Task Force's view on the latest draft of the Commercial lands Study, Ms. Bishow said that the Task Force was formed to address specific issues. Upon resolution of those issues, it presented its recommendations to the Eugene Planning Commission (in September 1991) and subsequently disbanded according to a sunset provision. She said that indi- vidual members preferred not to meet to discuss the January draft, but would rather provide public testimony. Ms. Bishow said that written testimony includes: a memorandum summarizing the Downtown Commission comments and general support of the study; a letter from Keith Parks, President of the lane Transit District Board, indicating support for the adoption of the study; and a letter from Al Johnson concern- ing radius clauses and private covenants. B. Public Testimony Ellen Wojahn, 2136 McMillan Street, speaking for the Eugene Planning Commis- sion, commended staff on the Commercial lands Study. She said that the Eu- gene Planning Commission recommends adoption of the study. She supported the business park concept, stating that it considers the impact of development on the community. She said that the study provides strong policy direction for viewing downtown development and outlying development. She said that instead of restricting development in the outlying areas in hopes of stimulating downtown development, the study recommends lowering the opportunity costs of location in the downtown area. She said that a majority of the Planning Commission members believe that by removing some of the MINUTES--Joint Elected Officials April 8, 1992 Page 2 e e e disincentives for developments locating downtown, the core will become the city's employment center. She said that the Planning Commission realizes that more work is needed to bring the policies to code certainty. She said that the commission has pro- vided a list of implementation priorities, found in the front of the study. Dick Williams, 3830 Donald Street, representing the local chapter of the American Institute of Architects (AlA), stated that AlA formed a committee addressing commercial design issues of which he chaired. He said that the committee focused on the quality of commercial design. In reference to Part III of the study, on page 31, he said that the committee examined current design quality standards and found several shortcomings in the City's eXisting regulations. He said that there are minimal setback requirements with 100 percent lot coverage allowed for bUilding and parking in all but the general office zone, no land ;s set aside for green space, parking lot size ;s unlimited, and no buffering is required if abutting a commercial zone. He maintained that the goal of the current Eugene Code standards is to allow developers to develop at minimal costs. He said that this becomes a long-term liability to the City. Mr. Williams said that the AlA committee focused on site development and parking issues and quality of commercial buildings. The AlA recommended prescriptive standards for site development and parking. This approach is modelled after Corvallis, Oregon's current approach. Regarding building design, AlA recommends a design review process. The committee's report in- cluded a list of goals and issues that designers would be required to meet. Mr. Williams expressed appreciation that the final draft included many of the AlA committee's recommendations. He said that the only significant exception was that the Planning Commission recommended that prescriptive standards be optional for design review for building design. He said that the AlA opposes this recommendation. He emphasized that the design guidelines proposed by AlA would not pose a serious economic or administrative burden on developers or City administrators. Mr. Williams said that AlA recommends adoption of the study and offers to continue cooperating with the City in developing implementing ordinances. Bill Seider, 1660 Washington Street, President of the Southwest Oregon Chap- ter of the AlA, stated that the chapter supports the draft Commercial lands Study. He read a letter stating that in January 1990, AlA was approached by the Eugene Planning Department to assist in the design review of large-scale commercial facilities recently constructed. A committee of six architects and one landscape architect met several times to address the poor site and building designs and unlandscaped parking lots observed on the existing de- velopments. The committee delivered a set of recommendations focused on site and parking lot design based on a prescriptive set of guidelines. The com- mittee felt that building design should not be limited by prescriptive codes, but should be subject to other design review strategies. He expressed appre- MINUTfS--Joint Elected Officials Apri 1 8, 1992 Page 3 e e e ciation that many of the committee's recommendations are included in the draft plan. He said that the AlA continues to support the study and offered further assistance to the Planning Commission and staff. Dave Hauser, 2904 Wolf Meadows lane, representing the Eugene Area Chamber of Commerce, stated that the Chamber has been actively participating in the study since last year. He said that the members of the Chamber represent the owners, developers, and consumers of the majority of the commercial lands in the Eugene area. He expressed appreciation for the opportunity given to the Chamber for input in the study. Mr. Hauser emphasized the supply of commercial land and the relationship between development in the core downtown area and other locations in the city. Regarding the supply of commercial land, he said that sites referenced in the study lack some essential features that would create prime or quality sites. These features include traffic flows, high visibility, access, and adequate size. He stressed the need for additional flexibility that would address requirements for constraint-free land. He suggested that policy 10.0 include implementation strategies that would allow the Cjty to respond in a timely fashion to uses with special siting requirements.' In additfon, he said that a proposed action seems appropriate regarding monitoring vacant commercial land. Specifically, he suggested a new implementation strategy 10.2 to read: "Examine ways to amend the existing zoning ordinance to allow flexibility in the siting of new commercial land that accommodates changes in population, transportation networks, u~ility extensions, etc." Tom Bowerman, 33707 McKenzie View Drive, stated that he served on the Commer- cial lands Task Force. He expressed concern regarding allocation of commer- cial lands in the Eugene area. He said that currently, it ;s very difficult for locally owned businesses to compete successfully in the market. He said that developers from out of town purchase inexpensive land on the perimeter of the city, develop the land with inexpensive buildings, and pay low sala- ries to employees thereby allowing those businesses to market their products at a price lower than local businesses can. He maintained that those who try to work within the existing infrastructure are at a disadvantage because of over-allocation of commercial land on the perimeter of the city. He said that the study should examine the "true costs" for developing the perimeter land, such as additional infrastructure costs. He sited the fact that his business was denied funds to do off site improve- ments, while the Gateway Mall development was granted a significant amount of funds. He stated that this type of practice promotes perimeter development. In summary, Mr. Bowerman stated that he opposes any additional allocation of commercial land on the perimeter of the city. There were no objections to Mr. Cornacchia's request to ask a question of Mr. Bowerman. Mr. Cornacchia wondered whether Mr. Bowerman had any specific suggestions of modifications to the allotments of commercial land. Mr. Bowerman said he would need to further examine the plan before being able to to request spe- MINUTfS--Joint fleeted Officials April 8, 1992 Page 4 e cific modifications. He added that he supported the plan and testified in case someone else wanted the plan changed to allow additional commercial land. Mary Bentson, 950 West 16th Avenue, expressed appreciation that the plan addressed the need of providing sidewalks. She stated that sidewalks must be provided with development in residential, commercial, and industrial areas. In addition, she said that there is a need to develop the area between the sidewalk and the street with street trees. She said that providing street trees is inexpensive and provides a more pleasant environment to all those who walk or use the street. Louise Bilheimer, 3473 Chaucer Way, representing the League of Women Voters, said that approximately one year ago the League offered favorable comments on the study. She expressed appreciation for the Planning Commission's list of implementation priorities. She noted an incorrect citation and stated that the fourth priority should refer to page C-51 of the Appendix rather than page C-40. Ms. Bilheimer stated that the League supports the fOllowing recommendations: 1) implementing design review for large-scale developments; 2) changing ex- isting regulations, particularly the over-allocation of surface lot parking; 3) strategy 26.3, requiring landscaping, pedestrian walkways, and other amen- ities; 4) eliminating or modifying off-street parking requirements in the entire downtown area; 5) increasing density in the downtown core and more intense use of land in the core rather than transitional areas surrounding downtown; and 6) encouraging increased use of alternative modes of transpor- 4It tation. Refering to strategy 6.1, Ms. Bilheimer said that the League would prefer that the study recommend "prohibiting" the creation of new regional retail centers, rather than "avoiding" their creation. Ms. Bilheimer stated that the League also supports policy 27 and its related strategies. Regarding strip commercial, she said that those areas need to be more efficient, attractive, and thus more economically viable. She added that strategy 21.2 (d) presents access problems on Willamette Street and 24th Avenue. Boyd Iverson, 2794 Bowmont Drive, expressed general support for the study. He said that there is a great need for land to be zoned as commercial in the south Eugene area. He supported the policy in the study to allow up to 15 acres of additional neighborhood commercial land and disagreed with the op- tion presented by staff to reduce the IS-acre limit. He said that only a small amount of low-income housing would be impacted by creating sites for commercial development in the area. Tom Slocum, 1950 Graham Drive, stated that South Eugene needs the 15 acres of new neighborhood commercial sites called for in the study. e MINUTES--Joint Elected Officials April 8, 1992 Page 5 e Mr. Slocum said that the recommended development standards reflect a major problem with commercial development in Eugene. He said that the standards recommended are for suburban development and are not designed to allow urban development. He said that the study will ensure the same kind of development which has been occurring over the past few years, resulting in development away from central areas which require new highways for access. He recommend- ed that while more adequate standards can be developed, a review process should be implemented, whereby the developer adheres to the standards unless they employ an architect or landscape architect to develop a plan. He said that Eugene's site review process is not adequate. He suggested a board be formed of landscape architects, architects, and engineers so that urban de- velopment is allowed in Eugene neighborhoods. C. Questions from Elected Officials In response to a question from Mr. Rust regarding comments from Mr. Slocum, Ms. Bishow said that the site review criteria are not strong enough to allow the City to require specific improved site designs, such as greater parking lot landscaping. She added that not all commercial sites are required to undergo site review. She said that further work will be done to create code amendments to improve design standards. During the process, the input of interested parties is welcome. Ms. Ehrman wondered what how the neighborhood organizations felt about the IS-acre options proposed for the south Eugene area. Ms. Bishow said that no official testimony was received from the affected neighborhood associations. ~ Mr. Robinette stated that if the study is adopted, staff can continue to address issues that need further attention such as radius clauses. Lee Lashway, City Attorney, said that it is within the City Council's authority to invalidate the radius clauses. He said that the memorandum in the agenda packet suggests ways to address the issue retroactively. He said that these processes would be inserted in Chapter 9 of the code. In response to a question from Ms. Bascom, Mr. Boles said that the City At- torney has not examined the testimony from Al Johnson regarding public policy and private covenants but follow up work could be done with the review of the radius clause issue. Mr. Lashway said he received the testimony just a few minutes prior to the public hearing. In reference to testimony from Mr. Bowerman and others regarding further large-scale peripheral development, Mr. Nicholson asked if there were any sites in the periphery which would support this kind of development. Ms. Bishow said that sites do exist which are ten acres or larger and are either planned or rezoned for commercial development. She said that the largest site, located on West 11th Avenue, is 57.9 acres (19 acres of which are rec- ommended for protection based on the West Eugene Wetlands Special Area Study). She clarified that the study recommends adding no new major retail sites in addition to those currently available. e MINUTES--Joint Elected Officials April 8, 1992 Page 6 e e e In response to another question from Mr. Nicholson regarding the need for commercial development in the West 11th Avenue area, Ms. Bishow said that the Commercial lands Study examined the long-term demand for commercial land based on employment growth anticipated for the area. She added that commer- cial land provides for both retail and office development. She said that the Eugene Planning Commission agreed to retain existing commercial land planned in West Eugene. In response to a question from Mr. Cornacchia, Ms. Bishow said that there is probably not a market in West Eugene for a new large shopping mall, such as Valley River Center or Gateway, because the anticipated population growth has not been achieved to support it. She said that community commercial develop- ment was more likely. Mr. Nicholson cited Policy 6.0 and its implementation strategy 6.1 as compet- ing with downtown uses because it provides more vacant land on the perimeter of Eugene, in an area where an abundance of commercial development already exists. Ms. Bishow said that the intent is to not encourage development of new outlying sites. Mr. Gleason said that there is a ratio between_ the amount of developable residential, commercial, and industrial land. He said that the Willow Creek basin and the urban reserve would support additional commercial development. He said that adjusting the ratios is possible, but would require further discussion as an issue in itself. Mr. Boles closed the public hearing on behalf of the Eugene City Council and Ms. Dumdi closed the public hearing on behalf of the lane County Board of Commissioners. D. Discussion and Action In light of the significant testimony from tonight's public hearing, the Eugene City Council agreed, by consensus, to table the discussion of the Commercial lands Study until the next available council meeting. The council tentatively scheduled the item for April 15. Mr. Rust moved, seconded by Mr. Cornacchia, to table the dis- cussion and action on the Commercial lands Study until April 29 at 1:30 p.m. in Harris Hall. The motion passed unanimously (4:0). II. PUBLIC HEARING: WEST EUGENE WETLANDS SPECIAL AREA STUDY A. Staff Introduction Steve Gordon, Senior Program Manager at the lane Council of Governments and Project Manager for the West Eugene Wetlands Special Area Study (WEWSAS), presented a brief historical account of the study and the community involve- ment process. MINUTES--Joint Elected Officials April 8, 1992 Page 7 e e e Mr. Gordon said that an opportunity to sell property which has been identi- fied as potential wetlands mitigation exists in the western study area. He said that a fact sheet is available regarding that area. In that area, no wetland delineation was done--only the identification of hydric soils. Mr. Gordon said that there are no changes to the rural comprehensive plan or zone changes proposed for the area and no further restrictions on the land, other than those that currently exist under county zoning or under State and Feder- al wetland laws. Condemnation is not proposed, but staff is willing to nego- tiate with willing sellers through the Bureau of land Management to purchase land. He said that there is no urban growth expansion proposed, no prohibi- tion against a landowner selling their land to any other willing buyer, and no proposed changes to the routing of the bicycle path connecting the Amazon and Fern Ridge Reservoir. Mr. Gordon said that approximately one month ago at a work session with the lane County Board of Commissioners, staff agreed to write a letter to the property owners in the secondary study area who claimed they had not been given adequate notice. Staff also agreed to meet with those individuals as a group. He said that more time is needed to address misinformation ~nd confu- sion between the staff and landowners of property in the secondary study area. He expressed a desire to continue to build trust with the landowners. Mr. Gordon emphasized that the wetlands issue involves the entire lane County region, and that it is not an urban versus rural issue. The plan attempts to deal with flood control issues, the Clean Water Act, economic development, and protection of environmental resources. He said that the plan is vision- ary, has been recognized as a national model, and represents a partnership between local government, Federal government, nonprofit organizations, and the private sector. Mr. Gordon noted that the Eugene and lane County planning commissions recom- mend adoption of the plan. Both planning commissions initially expressed concern about buffers. Subsequently, Neil Bjorklund, of the Eugene Planning and Development Department, generated a satisfactory resolution to the buffer issue. He said that staff has worked with the County Commissioners to devel- op language for revising one policy and one recommended action which the lane County Planning Commission had concerns about. Those proposed amendments appear in the memorandum from Mike Copely, of the lane County Planning staff. Mr. Gordon said that if tentative approval of the draft plan is received from the Eugene City Council and the lane County Board of Commissioners, obtaining a regional permit from the U.S. Army Corps of Engineers and State approval for the Conservation Wetland Plan from the Oregon Division of State lands will follow. If the permit is granted, one local permit will be needed to develop in wetland areas designated for development instead of permits from the State and Federal agencies. In addition, a regional mitigation bank will be developed which will serve the entire region. Mr. Gordon recommended leaving the record open for at least two weeks to allow additional written testimony and for an additional workshop with the landowners of property in the secondary study area. He said that adoption of MINUTES--Joint Elected Officials April 8, 1992 Page 8 the plan by the end of June would'allow implementation to occur by 1993, in ~ advance of the development season. Mr. Cornacchia asked whether the WEWSAS with the inclusion of the secondary study area was consistent with the Natural Resources Special Study, the Metro Plan, and the Rural Comprehensive Plan. Mr. Gordon answered affirmatively. He said that the plan states that the secondary area contains hydric soils and that an opportunity exists for willing property owners to sell their property for wetland mitigation. In response to another question from Mr. Cornacchia, Mr. Gordon said that Spectra Physics partially prompted resolution of the wetlands problem, in addition to the Clean Water Act, Section 404, and the Food Security Act. He added that there are at least eight other communities in Oregon developing comprehensive wetland plans. Mr. Gordon continued that because of litigation associated with environmental activism regarding filling activities, if a regional permit is not obtained, development in lane County will be signifi- cantly reduced. e e , - Second reading of PA 1019 in the matter of adopting the West Eugene Wetlands Special Area Study, a refinement to the Eu- gene/Springfield Metropolitan General Area Plan adopting a severability clause. For the record to stay open until April 22, 1992 at 5 p.m. Mr. Boles opened the public hearing. B. Public Testimony Ellen Wojahn, 2136 McMillan, representing the Eugene Planning Commission, stated that the approval of the WEWSAS will allow the area to derive solid benefits from a Federal wetlands protection mandate. She commended the study's identification of wetlands which are suitable for development and those which are appropriate for protection. She said that this will increase property owners' certainty regarding future plans for their land. She said that opportunities to expand industrial properties and make them available for development will also result. She said that creating new wetland recrea- tion areas will add new amenities to the area. She said that it is not sur- prising that the plan has received national recognition and financial support from the Federal government. She said that the Eugene Planning Commission supports the adoption of the study. Jim Getten, 87432 Halderson Road, challenged the goals in the WEWSAS and the scientific methods planned to achieve them. He said that the delineation methods used are currently under scrutiny. Mr. Getten said that the land Conservation and Development Commission (lCDC) Goal 1 was violated, and noted that over 100 affected people were not noti- fied. MINUTES--Joint Elected Officials April 8, 1992 Page 9 e e e Marvin Ringsdorf, 28781 Bodenhamer Road, said that he li~es in the secondary study area. He opposed the suggested restrictions and added that ORS 496.192 states that private property owners are not required to provide habitat. Ruby Ringsdorf, 28781 Bodenhamer Road, was opposed to the adoption of the WEWSAS. She read a poem entitled "In Balance With Nature," and submitted a written copy for the record. Florence Brown, 24164 Highway 36, Cheshire, spoke in opposition to the WEWSAS. She suggested that the adoption of the study be postponed for one year. She said that only two property owners attended the first reading of the Bill, and stated that there was no notice in the newspaper. She cited Article 14 of the U.S. Constitution as stating that no private property shall be taken without just compensation and due process of law. Margaret Powell, P.O. Box 729, said that many of the property owners in the secondary study area are elderly. She said that many own this property with the intention to sell it, thereby acquiring capital gains. Farmland, as a business property, does not qualify for certain tax exemptions. If_property owners are forced or "persuaded" to sell their property for a lump sum pay- ment, they would suffer serious tax implications. She said that many owners wish to divide their land among their children, and that many families would not be allowed to fulfill their lifetime dreams if government chooses to designate their land as wetlands. Bob Bodine, P.O. Box 1698, Florence, said that he is concerned about the entire WEWSAS process. He expressed concern about land speculation occurring under the guise of water and land conservation. He requested a clear expla- nation of the regional permit and the current Federal definition of "wet- land." David Bales, 88737 Oak Hill Cemetery Road, requested that adoption of the study be postponed until the residents in the secondary study area have more time to familiarize themselves with it. He said that he learned of the plan two weeks ago. Delores Bales, 88737 Oak Hill Cemetery Road, requested that adoption of the study be postponed until the U.S. Supreme Court has decided on the Lucas case dealing with just compensation. She said they expect to reach a decision in June or July. Tom Stewart, 28748 Royal Avenue, expressed frustration that during the meet- ing he attending in February 1989, staff implied that citizen participation for WEWSAS should be less than that of the Commercial Lands Study because the WEWSAS dealt with such technical issues. He said that he was offended that City staff has that opinion of the residents. Carol Fisher, P.O. Box 729, President of the West Amazon Basin landowners Association, requested a statement from staff explaining how the plan offers policies and strategies which are better than those currently in place. She expressed frustration that many people have not had access to relevant infor- MINUTES--Joint Elected Officials April 8, 1992 Page 10 e mation regarding the study. She said that at the first meeting she attended, she was told that her land would not be affected. However, this information was incorrect. e Joyce lorenz, P.O. Box 729, requested that her questions be addressed in writing and addressed to the West Amazon Basin Association. Ms. Lorenz referred to a letter from L-COG to owners of land in the primary study area whose wetlands were designated as appropriate for development. The letter addressed l-COG's need to have the Nature Conservancy identify endangered or candidate species on the property as part of the requirements for the Regional Permit. The letter stated that if the property owners do not contact l-COG with a negative response, l-COG will assume that permission has been granted to have access to the property. Ms. Lorenz wondered how L-COG knew whether the letters were received if they were not certified. She also questioned the legality of the letter. Ms. Lorenz said that the Lane County tax assessor has set a blanket board of equalization order to property owners in the primary study area that have their lands designated as wetlands, and cited in the blanket order that be- cause of the Scientific Resources, Inc. (SRI) delineated boundaries, their lands were designated as wetlands and would be reassessed. SRI said that these boundaries were only potentially regulated boundaries until acceptance by the proper agencies and governments. She asked whether it was legal for the Lane County tax assessor to have already recognized these boundaries as jurisdictional and to have already reassessed and devalued properties. Ms. lorenz stated that statewide lCDC Goal 1 was not met during this study process. She submitted written testimony. Robert Smith, 29570 Awbry lane, questioned the legality of the letter sent by L-COG requesting access to property in order to identify endangered and can- didate species. Specifically, he questioned the fact that L-COG would assume permission was given if it had not heard from the owners within one week. He requested documentation of the impact on property if endangered or candidate species are found. Scott Alldridge, 88318 Fisher Road, said that lCDC Goal 1 had been violated. He said that there was no Citizen Advisory Committee formed, but rather, l-COG appointed members to a committee. He was strongly opposed to this. Doreen Jones, 252 Foxtail Drive, representing the league of Women Voters, spoke in favor of the WEWSAS. She said that the league realizes the impor- tance of several natural resources and strongly supports the protection WEWSAS offers these resources. The League also supports the "no net loss" concept. The League fully supported the study and many of its provisions, such as performance standards for mitigation, annual reports of activities in the study area with opportunity for public review, and recommendations for stronger regulation control. e MINUTES--Joint Elected Officials April 8, 1992 Page 11 e e e However, she said that the ratio concept on page 30 is confusing. She said it did not clearly state why mitigating in advance of any impacts would re- duce the need for replacement wetlands--unless it is assumed that the success of the replacement will be known in a short period of time. She said that that assumption can be questioned. Ms. Jones questioned the reliability of the proposed comprehensive monitoring and maintenance program. She said that the proposed plan recommends a 10- year monitoring program and a 20-year research program. However, a standard regulatory monitoring period is only 5 years. The League recommends at least 20 years, since it takes at least that long to restore a wetland and longer to create anything resembling a natural wetland ecosystem. She expressed support for bonding and other financial guarantees, but thought that some of the funding proposals on page 43-46 may not be realistic consid- ering the current economic climate. Stephen Lawn, 1510 Jason lee, Cottage Grove, supported the WEWSAS. Regarding water quality issues, he said the the upper portion of the Amazon should be given higher priority in the plan since water quality in this portion of the drainage will effect the west Eugene wetlands study area. He said that the ability of wetlands to remove pollutants from the surface water has been well documented. However, this allows accumulation of toxics in the same area where it once enhanced habitat and attracted wildlife. He said that the poisoning of wetlands in California, Florida, the Great Plains by allowing toxics to enter the system and accumulate has also been well documented. He said that before the City utilizes resources developed for west Eugene's wetlands, efforts to eliminate nonpoint source contamination from entering the wetlands area through the Amazon channel should be top priority in the plan. He said that foresight in this matter may prevent larger problems in the future. Brian Bales, 88604 Oak Hill Cemetery Road, said that he owns two parcels of land adjacent to the primary acquisition area. He expressed concern that regulations similar to those placed on acquisition areas will be placed on adjacent property. He requested information on the ramifications of farming and conducting similar practices on adjacent land. Mr. Bales said that the wetlands in the west Eugene area already exist. He said that it seems least expensive to leave the property as it is. He thought that there was little need for the plan. Debbie Oleson, 28030 Crow Road, said that she lives on the fringe of the study area. She expressed concern about the future effects on her property. She requested that the decision on the study be postponed until everyone effected is adequately notified. Scott Bales, 28282 Royal Avenue, said that in 1974 he inherited 40 acres of land on Royal Avenue. He said that three years later, regulations limited him to having only one home on the property. He said that he had to imple- ment farming and forestry practices to offset the costs of maintaining the MINUTES--Joint Elected Officials Apri 1 8, 1992 Page 12 e e e property. Ten years later, logging was prohibited. He said that now, some of his property will be designated as wetlands and he will be forced to dis- continue farm and forestry activities. He said that he will not be able to afford living on the land. He requested that approval of the plan be post- poned until alternatives can be explored. Sharon Keep, 88920 Fir Butte Road, said that she lives in the secondary study area and is a member of the West Amazon Association. She said that the docu- ment "National Guidance Water Property Guidance for Wetlands" states that by the end of fiscal year 1993, the minimum requirements for states are to in- clude wetlands in the definition of state waters, establish beneficial use for wetlands, adopt existing narratives and numeric for wetlands, and adopt narrative biological wetlands." She continued, "We are focusing on water quality standards for wetlands to ensure that provisions of the Clean Water Act currently applied to other surface waters are also being applied to wet- lands. The document focuses on those elements of water quality standards that can be developed now uSing the overall structure of the water quality standards program and existing information and data sources related to the wetlands." She said the WEWSAS is a pre-integrated designation phase of this future Environmental Protection Agency Goal. She said that this is-particu- larly damaging to our key industries and land because the regulations men- tioned above can be misconstrued and linked through the new designations of waters of the State and/or waters of the U.S. She expressed concern that the regulations would become too restrictive. She submitted a copy of the Feder- al definition of Waters of the U.S. She requested the adoption of the plan be postponed until all landowners fully understand its implications. Denise Henning, 88282 Fisher Road, stated that she has received only three letters from L-COG concerning this study. She requested that the adoption of the study be tabled until she has a better understanding of the study. She requested an environmental impact statement from L-COG regarding the impacts of the study on the property in the secondary study area. She wondered how the study would be implemented with three existing Federal definitions of "wetlands." Stan Cook, 1832 Longview Avenue, expressed concern about the conversion of natural landscapes into urbanized, industrialized space. He expressed con- cern about suburban sprawl in Eugene. He supported the WEWSAS as a mechanism for preserving the fragments of wetlands in the area, water quality, wild- life, open space, scenery, and recreational space. He added that it will mitigate urban flooding, keep the community within Federal and State laws pertaining to wetland preservation, water quality, preservation of rare and endangered species, and LCDC Goal 5. He supported the regional approach taken by the staff. Mr. Cook agreed that the property owners should have adequate time to under- stand the study and partake in its development. MINUTES--Joint Elected Officials April 8, 1992 Page 13 e Fran Gillespie, 705 Louis Street, strongly supported the WEWSAS. She said that the landowners will benefit by having their land designated a wetland because they will not be threatened by suburban sprawl. She emphasized the need to prohibit industrial development from polluting the waters in the area. e William G. Welch, 25520 Wolf Creek Road, Veneta, said that his watershed helps feed the wetlands. He requested that adoption of the WEWSAS be post- poned in order to clear the confusion. Referring to the fact sheet, he said that numbers 3 and 8 have already been violated. In reference to number 9, he stated that even though owners may be able to sell their land, there will not be many willing buyers. He questioned the sincerity of number 10. Jennifer Selliken, 4515 Old Dillard Road, commended Mr. Gordon on the WEWSAS. She said that as a private consultant, she has worked with several landowners from the west Eugene study area. She said that it is unfortunate that a few will suffer larger losses than others and that all will not share equally the burden of protecting the watershed. She said that the plan cannot wait for the tax structure that that would require. She noted th~t over 50 percent of the nation's wetlands have already been lost. She commended the WEWSAS for preserving corridors of wetlands. She said that the plan considers water quality, beautification, educational opportunities, and wildlife enhancement. William A. Disher, 88505 Greenhill Road, spoke in support of the WEWSAS. However, he expressed some concerns. He said that he owns property within the primary study area. The first time he received notification regarding the wetlands was April 4, 1992, after he had requested information (on March 31, 1992). He said that he did not receive a letter requesting permission to survey his land for endangered or candidate species. Mr. Disher expressed interest in the topic, but stated that he continues to receive conflicting answers to questions and has been given no assurances that his land will not be taken. Garald Derby, P.O. Box 10187, spoke in opposition to the WEWSAS. He said that when he and other owners tried to create a plan, l-COG staff did not accept it. He maintained that the only people that support the plan are those who are not effected by it. Ms. Dumdi read a letter addressed to Mr. Gordon from Kenneth Bierly in sup- port of the WEWSAS and the letter was submitted to the record. C. Staff Response The commissioners and councilors agreed that staff should provide a brief verbal response to major topics included in public testimony, the elected officials would present their questions to staff, and staff would prepare a more elaborate written response to testimony. Mr. Gordon agreed that residents of the secondary study area did not have adequate input in the study. He said that there are a range of ways this can e MINUTES--Joint Elected Officials April 8, 1992 Page 14 e e e be resolved. He said that staff would examine why one property owner living in the primary study area was not contacted. Mr. Gordon said that the U.S. Army Corps of Engineers requires that identifi- cation of endangered and candidate species be conducted as part of the re- gional permitting process. He said that if the survey is not conducted in April, it will not be possible again until next April. In this situation, developers would be required to wait an extra year if they wished to develop in a wetland which had been designated appropriate for development. Mr. Gordon said that he would revoke the provision in the letter sent to primary study area landowners which stated that failure to respond would be assumed as permission to conduct the survey. He recommended that the written record be left open for two weeks. Mr. Bjorklund added that staff will examine points in the testimony regarding nonpoint pollutants. Mr. Cornacchia requested that the following issue be addressed in the written staff report: 1) the timing and urgency of adoption of WEWSAS; 2) the rele- vance of the Supreme Court takings case; 3) Mr. Johnson's letter regarding whether the Corps can value property and how that compares to Ballot Measure 5 and its assessment of property at the market value; 4) the various Federal definitions of "wetland," and specifically, its effect on the State's defini- tion which is currently more strict than the Federal one; and 5) the impact on the study of waiting for a new Federal definition. Mr. Gordon said that it is critical that the plan be adopted by June 30, 1992. He said that the funding from the Bureau of land Management has been appropriated. He added that if the public review process for the regional permit occurred in the summer and fall, then amendments could be forwarded to the elected officials in the fall and the plan could be implemented at the beginning of the 1993-94 fiscal year. In response to a question from Ms. Dumdi, Mr. Gordon said that he will send a letter to the primary area landowners stating that they have until April 17, 1992, to provide permission to l-COG to allow the Nature Conservancy to sur- vey their land for endangered and candidate species. In response to a question from Mr. Nicholson, Mr. Gordon said that if endan- gered or candidate species are found on the property, the permit may be de- nied. Mr. Boles requested more information on the displacement ratio concept and a report from l-COG documenting its citizen involvement process--comparing the process applied to owners of. land in the secondary study area versus owners of land in the primary study area. Mr. Cornacchia requested that staff include the Food Security Act with the information sent to owners of land in the secondary study area. MINUTES--Joint Elected Officials April 8, 1992 Page 15 e e e In addition, Mr. Cornacchia requested information on the determination of the significance of hydric soils and vegetation types--and how this determination is related to the Clean Water Act. Ms. Bascom moved, seconded by Mr. MacDonald, to leave the written record open for the West Eugene Wetlands Special Area Study until April 22, 1992. Ms. Ehrman thought that allowing only two additional weeks would not be ade- quate time. Ms. Ehrman amended the motion to allow the record open until May 7, 1992. The amended motion passed unanimously (6:0). Mr. Gordon agreed to conduct at least one public workshop between now and May 7. Mr. Rust moved, seconded by Mr. Roberts, to keep the written record open for the West Eugene Wetlands Special Area Study until May 7, 1992, with the third reading on May 27, 1992, at 1:30 p.m. in Harris Hall. The commissioners then discovered that that motion would not be possible given the current schedule. Mr. Rust moved, seconded by Mr. Roberts, to keep the written record open for the West Eugene Wetlands Special Area Study until May 7, 1992, with the third reading on May 20, 1992, at 1:30 p.m. in Harris Hall. The motion passed unanimously (4:0). The meeting adjourned at 10:15 p.m. ~espect _~ ~ " Mic eal Gleaso City Manager (Recorded by Kathy Varner) mnjeo 040892 MINUTES--Joint Elected Officials Apri 1 8, 1992 Page 16