January 19, 2000
JOINT ELECTED OFFICIALS MEETING
Eugene City Chambers - 6:00 p.m.
Mayor Jim Torrey presided. He called the City of Eugene meeting to order. Present from the Eugene City Council: David Kelly, Scott Meisner, Nancy Nathanson, Gary Pape, Gary Rayor and Betty Taylor. Pat Farr and Bobby Lee were absent.
Mayor Maureen Weathers called the meeting of the Springfield City Council to order. Present from the Springfield City Council: Anne Ballew, Tammy Fitch, Lyle Hatfield, Sid Leiken, Christine Lundberg and Fred Simmons
Commissioner Peter Sorenson called the Board of County Commissioners to order. Present from the Board of Commissioners: Bobby Green, Sr., Anna Morrison and Cindy Weeldreyer. Bill Dwyer was excused.
a. DISCUSSION AND ACTION Reopening the TransPlan Record for the Period from January 25, 2000 through March 31, 2000.
Tom Schwetz, Lane Council of Governments, reported that during work sessions that were held on TransPlan during November and December, the idea of reopening the public record was discussed, to allow further public input over changes to the TransPlan. He said at their December 9 meeting, the Metropolitan Policy Commission (MPC) made a motion recommending that take place and he is requesting that the jurisdictions do that. He said specifically, MPC moved that the jurisdictions vote to open the record to written testimony on TransPlan from January 25, 2000 to March 31, 2000, that the jurisdictions hold individual work sessions to discuss the issues in order to identify those items needing resolution and that staff work to keep all the jurisdictions informed about the items needing resolution. He added that a joint work session be held to discuss the points with the scope of working to develop resolution within a six-month time frame.
Jan Childs, City of Eugene, reported that two meetings will not be enough for the Eugene City Council to finish their work. She noted they are looking for at least two additional work session times before they go to the joint work session.
Torrey noted that each of the bodies has the same motion.
MOTION: that the Eugene City Council concur with the December 9, 1999 Metropolitan Policy Committee consensus regarding further processing of the TransPlan update Metro Plan amendments and reopening the record to accept written testimony on the TransPlan update Metro Plan amendments from January 25 through March 31, 2000.
Meisner MOVED, Taylor SECONDED.
MOTION: that the City Council of Springfield concur with the December 9, 1999 Metropolitan Policy Committee consensus regarding further processing of the TransPlan update Metro Plan amendments and reopening the record to accept written testimony on the TransPlan update Metro Plan amendments from January 25 through March 31, 2000
Ballew MOVED, Hatfield SECONDED.
MOTION: that the Board of County Commissioner concurs with the December 9, 1999 Metropolitan Policy Committee consensus regarding further processing of the TransPlan update Metro Plan amendments and reopening the record to accept written testimony on the TransPlan update Metro Plan amendments from January 25 through March 31, 2000
Green MOVED, Morrison SECONDED.
b. SECOND READING AND PUBLIC HEARING Ordinance PA 1145 Adopting an Update to the Eugene Airport Master Plan, a Refinement Plan of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan); Amending the Metro Plan Diagram to Redesignate Property Consistent with the Airport Master Plan Refinement Plan Diagram; Rezoning City of Eugene Property to Airport Operations Use/Commercial Airport Safety Combining (AO/CAS); Amending the Eugene-Springfield Metropolitan Area Transportation Plan and Public Facilities Plan to Add the Green Hill Road Realignment Project; and Adopting Savings and Severability Clauses.
Mayor Torrey opened up the Public Hearing for the City of Eugene.
Mayor Weathers opened up the Public Hearing for the City of Springfield. She read the ordinance into the record.
Commissioner Sorenson opened up the Public Hearing for the Lane County Board of Commissioners on the Second Reading and Public Hearing on Ordinance PA 1145.
Mayor Torrey asked if there were any Eugene City Councilors that had any ex parte contacts.
There were none.
Commissioner Sorenson asked the Lane County Board of Commissioners if there were any conflicts of interest or any ex parte contacts.
Weeldreyer declared that she had some conversations with Larry Mann regarding the realignment of the Greenhill Road project about 18 months ago, but he had not given her any information that had biased her.
Green stated he had none.
Sorenson mentioned that similar to Weeldreyer, he met with Larry Mann regarding the airport and realignment and also met with Mike Boggs and Jim Carlson for a briefing on this matter. He said none of the meetings disqualified him.
Mayor Weathers asked if there were any Springfield City Councilors wishing to express a conflict of interest.
There were none.
Jan Childs, City of Eugene, reported that this is a Public Hearing on the 1999 Eugene Airport Master Plan and related actions. She noted the jurisdictions are considering the recommendations of the planning commissions. She said one of the five items before the elected officials is the 1999 Eugene Airport Master Plan (an update of the 1990 Eugene Airport Master Plan) that was adopted as a refinement plan of the Eugene Springfield Metropolitan Area General Plan. She said in addition to consideration of the Airport Master Plan, the jurisdictions are considering four implementation actions of that plan and the concurrent process with the Airport Master Plan, at the request of the planning commissions and the elected officials from a few years ago. She noted the amendments are amendments to the Metro Plan diagram to redesignate property within the Eugene Airport boundary from agricultural and airport reserve to airport reserve and government education, (consistent with the 1999 Eugene Airport Master plan) and amendments to the Lane County zoning map to rezone city owned property within the airport boundary. (Consistent with the 1999 Eugene Airport Master Plan.) She added only city owned property is being proposed for rezoning. She said amendments to TransPlan and the Public Facilities Plan add Greenhill Road north boundary of Airport Road to Airport Road, reconstructing a 2.7 mile segment of that road. She said only the Eugene City Council and the Lane County Board of Commissioners will take action on the Airport Master Plan itself and only the Lane County Board of Commissioners will take action on amendments to the Lane County zoning map. She noted that all three of the elected bodies will take action on the Metro Plan, TransPlan and Public Facilities Plan amendments. She said because of this, the jurisdictions are adopting ordinances that are different in the number of actions that are included. She said that Lane County will act on all five, Eugene on four and Springfield on three. She explained that the approval criteria for each of the five actions are listed in Attachment 2. (Her December 15, 1999 memorandum). She added testimony, arguments and evidence must be directed toward the criteria listed in that attachment, or other criteria in the plan or land use regulations that the person believes apply to the decision. She said that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.
She noted findings that the criteria have been met are attached as an exhibit to the adopting ordinances. She said that notice of the public hearing was sent to all owners and occupants of property within the airport boundary proposed in the 1999 Eugene Airport Master Plan, all owners and occupants of property within 500 feet of the airport boundary, a list of interested parties provided by the airport and by Lane County staff and others who asked to be added. She noted the level of notice exceeds both state and local code requirements. She said the following additional material was submitted and was distributed to the elected officials: a packet of additional materials submitted by the Eugene Airport (an amendment to Chapter 6 of the plan and addition of a new appendix "D") to address property acquisition and compensation issues raised at the planning commission level, letters from Mike Boggs, Airport Manager to Eugene City Councilors Gary Pape and Gary Rayor, addressing questions that they asked at the Eugene City Council work session held in October. She added they were included within the body of the Eugene City Council agenda packet and were distributed under a cover memo dated January 12, 2000, to the Board of Commissioners and Springfield City Council members. She said there were additional items submitted prior to 5:00 p.m. today and were included on the elected officials seats. She noted there is a suggested amendment prepared by Councilor David Kelly, an amendment to Chapter 4 of the plan related to future airport parking expansion and a letter from Verne Whittaker, III, 28271 Edgewater Drive, that was received January 18, 2000, objecting to the proposed rezoning of three parcels within the airport boundary.
Mike Boggs, Airport Manager, City of Eugene, reported the process started in February 1998, including 17 meetings, planning commissions, workshops and public workshops. He noted the current 1999 Master Plan that is in effect now was a good master plan. He said the projections that were made in that plan were on target and the projects were well planned. He stated the Master Plan Update that is being considered tonight, contains no new project concepts. He noted the current plan is approximately ten years old and more detail needs to be put into the plan. He added there were problems with the runway and other projects. He said the FAA identified safety issues associated with Runway 321 that needed to be addressed. He noted the financial plan for capital projects for the next ten to twenty years needed to be refined further so the FAA would participate with the AIP program in that plan. He added they are preparing the plan to respond to local officials interest in linking the Master Plan with Metro Plan in a comprehensive manner for land use and zoning matters rather than handling them on a piecemeal basis. He reiterated that the plan and the process was carried out in accordance with FAA guidelines and with their oversight. He said the projections in the Master Plan Update are conservative and they follow accepted industry standards. He added the plan is demand-driven and is flexible and the future capital projects envisioned in the plan will go through the regular city CIP process. He noted there are no tax dollars envisioned in the projects contemplated in the plan for either capital projects or airport operations.
Philip Farrington, Land Use Consultant, Satre Associates, 132 E. Broadway, reported that planning commissions and elected officials previously reviewed prior implementing actions, suggesting that airport implementation actions be taken concurrently with and in the context of the Airport Master Plan Update. He said the Airport Master Plan shall serve as the guide for improvements to facilities and services at the airport and the document is the second update of the Airport Master Plan. He noted that the comprehensive planning approach implementing all of the needed Metro Plan amendments and zone changes to accommodate for the Greenhill Road project are considered concurrently. He added the approach results in an integration of the technical aspects for planned capital improvements that are contained in the document and the policy direction contained in the Metro Plan to support the airport and its function. He said in between the 1990 Airport Master Plan and the current update, a 1994 environmental assessment was performed and it covered different alternatives for location of the parallel runway and for other road realignment concepts. He noted the implementing actions will be consistent between the Master Plan and the Metro Plan and allows for FAA funding to support the improvements. He reiterated the extensive public involvement process and the three planning commissions have affirmed the proposals and the Lane County Planning Commission and the Lane County Board of Commissioners have already approved the Greenhill Road realignment project. He said they believe the airport represents a critical transportation component to the community and an integral part of the Metro Plan planning process and it meets all applicable criteria of approval.
Bob Noble, Airport Division, City of Eugene, noted the Master Plan Updates covers a wide spectrum of facility needs for airfield facilities, airline ticket and baggage handling, passenger hold room, concessions, security, FAA and airport maintenance, educational facilities and utilities. He explained the realignment of Greenhill Road was based on the need to improve the safety concerns and eliminate a conflict point that exists with the intersection of Greenhill Road and Aubrey Lane. He noted that the FAA had mandated that corrective action take place. He added part of the reason for the update was to consider and resolve the critical concern. He said the Lane County Roads Advisory Committee had heard from the airport on the matter and has recommended approval for the realignment and the Lane County Board of Commissioners had previously approved the design and realignment in 1999. He stated the realignment of Greenhill Road was determined to be best located in a manner that would facilitate phased construction of a parallel runway. He explained the plan recommends initiating construction of a parallel runway 4,000 feet in length and then extending it 2,000 feet as scheduling and funding permits. He said the parallel runway improves safety as it does not intersect another runway as the current configuration does and improves capacity by one-third. He added the runway is needed as back-up for the primary runway for commercial operations as a secondary runway of 5,280 is inadequate for this purpose. He said the existing secondary runway has pavement that is over twenty years old and will reach the end of its useful life.
Gary Chenkin, 2044 Eastwood Lane, Eugene, stated he had been involved with the Eugene airport for the past 30 years. He noted he was involved in working with the consultants for the first plan in the 70's and with the 80's and is now part of the Airport Advisory Committee. He believed the committees had effective participation in the process and represented a diverse interest of the community. He said he doesnt believe it is a major change, it is the same basic plan that they had been dealing with since the 1970's. He said he thinks the parallel runway has the biggest impact and it had been in the plan since the 70's. He said when the Airport Advisory Committee considered its recommendation, they were comfortable with recommending the plan and it was a unanimous vote.
Phil Groshong, 25639 Leona Lane, stated he was one of two county representatives on the Airport Advisory Committee. He said that the Eugene airport is a good airport with a good terminal and staff and the plan is a follow-up from other plans. He noted the plan they are adopting now is fiscally conservative and operationally adequate for the future. He said the parallel runway is needed for safety considerations and it is far enough from the other runway that the community will never experience the crowding they have in other cities, like San Francisco. He recommended approval of the plan as presented.
Mike Stepenson, 427 Spyglass Dr., stated he was the chairman of the Airport Advisory Committee and served on the 1999 Master Plan for the airport. He noted that Lane County has an airport that every citizen can be proud of. He said the staff has been meeting and exceeding the expectation of the traveling public. He said the reason the airport is so great today is the prior planning processes that have preceded the 1999 Airport Master Plan. He added it is important that they have staff and a management team that can work together to implement the plan on behalf of all of the citizens of Lane County. He said it is their hope that the plan and the associated amendments that are before the jurisdictions will be adopted in a timely fashion.
Alan Whalen, 4247 Altura, Eugene, stated he represents Fiddlers Green Golf Course. He expressed gratitude to the airport staff for keeping them informed of how the changes that will take place in the Greenhill alignment would impact their property. He added they were invited to the airport on a couple of occasions to look at proposals and is comfortable with the safety issues regarding the flight of the golf balls.
Ruth Ann Couch, 3250 Whitbeck, Eugene, stated she is the manager of the air traffic control tower at the airport. She said she is responsible for the safe and orderly air traffic for the aviation community and the flying public. She noted that she and her staff have been actively involved in the Master Plan Update committee. She said she was given the opportunity to provide input as well as data information to the consultants. She said it is a plan that is air traffic friendly and safe. She noted there were issues that were brought to the table during the advisory committee meetings and they were dealt with fairly.
Charles Bentz, 28151 Edgewater Drive, Clear Lake Estates, stated he represents the Clear Lake Improvement Association. He said several homeowners will be pleased with the eventual completion of the plan because of the closure of Runway 321 and the elimination of noise pollution and the potential of aircraft accidents. He said there is concern about the rezoning and hopefully it will not impact their area.
Jock Gibson, 95247 Highway 99, Junction City, said he was a member of the Airport Commission in 1990 when the previous master plan was updated and he was asked to come back to sit on this advisory committee during this update. He said the city staff is outstanding in the work they do. He urged the joint elected officials to support the proposal.
Duane Hofer, 29315 Aubrey Lane, Eugene, stated his parents started farming near the Eugene Airport in 1927 and they use Greenhill Road to get from the north side to the south side of the airport. He said if that is to close, they would have to exit on Highway 99, but the new road will help them get around.
Fred Sitner, 870 Fairway View Dr., said he is a member of the Airport Advisory Committee. He said the plan looks to the future. He added that he is impressed with the staff and how staff has handled comments from the community. He asked the elected officials to support the Master Plan.
Doris Steele, 2140 Brittany Dr., Eugene, thanked the airport staff for answering concerns she had regarding relocating the Widmaier life estate property.
Mike Farthing, stated he represented the Kokkeler brothers who own 60 acres on the southwest corner of the intersection of Airport Road and Greenhill Road. He stated that it is a good airport with good staff. He noted the Kokkeler property had been the subject of two previous condemnation lawsuits. He said everything is fine with the Airport Master Plan update in terms of how it is operated and what is being proposed. He said the city designated the Kokkelers property farm, condemned it and then converted it to airport uses and they did it with the airport reserve overlay and Master Plan. He said they dont think it is fair, nor did the Lane County Planning Commission. He said there should be highest and best use for airport reserve property for airport uses or require the airport to pay these people prices based on how the airport is going to use it. He noted the city isnt going to buy the ground for farm purposes but they are paying farm prices. He urged the joint elected officials to commission a refinement plan for the airport.
Al Johnson, stated he is representing David Lentz. He said Mr. Lentz owns a 90 acre piece of property just south of Airport Road and it is the piece of land that would be added to the airport boundary redesignated for government use and added to the Airport Master Plan. He noted it would take it out of its current use (exclusive farm use outside of the urban growth boundary). He said with regard to his July 6 letter, he raised legal issues and concerns that Lentz had. He added in response, there would good meetings with Noble, Boggs and Farrington. He said his August 17 letter suggested if certain things could be done, they would be withdrawing legal objections raised in the initial letter. He suggested to restart and complete the Airport Refinement Plan by no later that 2002, to include a careful reconsideration of current policies precluding the siting and servicing of any airport related commercial or industrial uses on private lands next to the airport and to refrain from condemning the Lentz property within the airport boundary not needed for airport improvements until the refinement plan is completed. He noted with regard to the airport realignment, the claim is that it is part of the airport. He said there is an exemption from addressing goals and taking exceptions for airport expansions. He said that Lentz asked when the airport road realignment stops being part of the airport (within meaning of the airport planning rule) and starts being the realignment of a public road on rural farmland within the meaning of the exclusive farm use statute and LCDC farm, forest and exceptions rules. He said it is Lentz position that it is a consequence of an expansion of the airport and the approach that is being taken is one that requires it to convert agricultural land outside the airport as an expansion of the airport.
Verne Whittaker, III, 28271 Edgewater Drive, Eugene, stated he was in favor of the closure of Runway 321 and construction of the parallel runway, but he was not in favor of rezoning property that borders Clear Lake to a zoning that would permit construction of improvements. He added if the property gets rezoned he would like to see a restriction to prevent any type of building.
Gary Rayor, Eugene City Council, stated he has concerns about taking the land from the farmers outside of the urban growth boundary and there not being a strong public process to determine what type of development happens there. He said he would like to find a way to resolve the issue as part of the Master Plan process.
Sorenson asked if the method of compensation was a policy issue that is resolved in the Airport Master Plan. He asked with regard to Clear Lake Estates, why it is necessary to rezone land in that part of the area around the airport.
Farrington referred to Appendix "D" in the packet, constituting a memorandum from legal counsel regarding what the airports obligations and responsibilities are in terms of acquisition via that mechanism. He said with regard to the area being proposed for redesignation, there are three parcels that are owned by the city, designated government education and within the runway protection zone. He said they are not proposed for any future development in the Airport Master Plan Update, the rezoning is consolidation of all of the city owned parcels that are not currently zoned airport operation into airport operations with a combined commercial airport safety overlay. He noted the area is currently leased for farming and would continue to do so under the airport operations zone. He said there is no proposal for any future development within the Airport Master Plan.
Sorenson asked if the city was bound by the FAA regulations regarding compensating people adjacent to airports and if there are federal funds used to compensate the owners.
Boggs responded they have to adhere to the federal regulations for acquisition of property but they have to adhere to Oregon Statute for compensation of property.
David Kelly, Eugene City Council, asked what the status was for the amendments that were not in the document and how and when each body decides to move them into the document.
Childs responded in order to bring either of the two into the document, it would require a motion to amend the Airport Master Plan. She noted included in the ordinance package is an existing sheet, that is part of the motion, but to add Appendix "D" language adding the amendment about parking, would take a motion.
Gary Pape, Eugene City Council, asked Farthing about the West Eugene Wetlands.
Farthing responded in March, 1997, the three planning commissions were considering draft amendments to the West Eugene Wetland plan and at that time there were legislative amendments and application of those amendments to specific properties. He noted the Board of Commissioners were opposed to that package and it did not pass it in its present form.
Pape asked Eugene city staff if they were proposing to purchase all the land inside the proposed boundary or change the zoning.
Farrington responded the proposal is for zone changes only on city owned properties. He said there will be no zone changes on any properties that the city doesnt currently own. He said all of the properties are currently within the airport boundary.
Pape asked about additional allowed uses.
Farrington said there are provisions in the Metro Plan that allows for commercial and industrial uses within the airport boundaries on city owned property, otherwise it states airport related commercial uses should be within the urban growth boundary. He said the uses allowed in the airport zone are limited and focused toward being complimentary to airport uses. He added the zoning will allow for implementation of the Airport Master Plan Update.
Pape stated he was concerned about the parallel runway to the south and asked why it couldnt be moved to the north, avoiding the purchase of the property that Lentz is concerned about.
Boggs responded when the 1990 Master Plan was done, there was a matrix put together of all of the alternatives that included the line of sight from the tower, taxi time between the two runways and costs. He said the factors were rated and that particular location came up with the highest rating. He added when it was looked at in this Master Plan, they found that that particular site, (when looking at all of the criteria) was the most preferable.
Childs stated the Eugene City Council packet is numbered in sequence from the agenda item summary page to the end. She added in the packets that the Springfield City Council and the Lane County Commissioners have do not have the overall sequential numbering so there have been page references that have been given by Eugene City Council members that others were not familiar with. She said the maps that have been referred to are the maps at the end of Attachment 6 (originally submitted by the Eugene Airport) on pages II-84 and the zoning map on page II-81 of Attachment 6. She added that Mr. Johnson had made reference to a letter that he had previously submitted, that is part of what all three groups have as Attachment 5 (material submitted to the planning commissions for their work session with the complete list of testimony that was provided).
Pape stated he was not convinced that there needs to be a north-south alignment and the length of the runway and will be a continuing concern of his.
Betty Taylor, Eugene City Council, asked with regard to the Lentz property, if it was essential for the road and if the problem with the property was the selling price.
Farrington responded the project is needed. He said Airport Road is an access road and the Master Plan Update identifies it as the primary access to the airport. He added the realignment of Greenhill Road is needed because of safety problems with the intersection of Greenhill and Aubrey Lane and there is a need to realign that road immediately for the parallel runway. He noted there was analysis in the Airport Master Plan Update about alternatives. He said there are technical reasons for the length of the runway. He said realignment of Airport Road is required in order to provide a primary access and a direct access into the airport for future utility and the Airport Master Plan speaks to the need for that.
Rayor asked City of Eugene staff to develop guidelines for development at the airport that ensure that development there is the best use as it is outside the urban growth boundary and he is nervous about it.
Farrington said in response to Mr. Whittakers letter, the city owns the property, it is designated government education, currently leased for farming activities and will continue to be. He said the update will result in the ultimate closure of Runway 321. He said in response to Ms. Steele, there will be no change to Merryman Road or to the access to the Widmaier estates property. He said with regard to Farthings testimony, it is all about value. He noted the appendix refers to the process that the airport is encumbered to go through and it is not a plan update issue, and failure to adopt the plan (based upon consideration of the value that he and his clients are seeking) would jeopardize the ability for the airport to do needed improvements and FAA funding for improvements that have already been planned and projected to be needed. He said Johnsons issues regarding restarting the refinement plan process, is something that needs to be considered outside the context of this approval process. He added if the urban growth boundary expansion includes the Lentz property, he would like to see it happen, but it is not part of this planning process. He said the realignment of Airport Road is needed as there are obstructions regarding FAA safety zones. He added the alignment avoids wetlands and pond turtle habitat nearby. He said it is essential that this project be undertaken.
Mayor Torrey closed the Public Hearing for the City of Eugene. He said that the council will take up this issue on Monday, February 14.
Mayor Weathers closed the Public Hearing for the Springfield City Council. She noted that they will take action on Monday, March 6.
Commissioner Sorenson closed the Public Hearing for the Lane County Board of Commissioners. He added the Third Reading will take place on Wednesday February 23.
MOTION: to approve the Second Reading and Setting Third Reading and Public Hearing on Ordinance PA 1145.
Morrison MOVED, Weeldreyer SECONDED.
VOTE: 3-0 (Green left early).
Commissioner Sorenson adjourned the meeting for the Lane County Board of Commissioners at 7:45 p.m.
Mayor Weathers adjourned the meeting of the Springfield City Council at 7:45 p.m.
Mayor Torrey adjourned the meeting of the Eugene City Council at 7:45 p.m.
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