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Item 1: Ordinance Concerning the Transition of Annexation Procedures
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Item 1: Ordinance Concerning the Transition of Annexation Procedures
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6/9/2010 12:16:12 PM
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11/15/2007 10:24:40 AM
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11/19/2007
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<br />those areas driven by state statute or adopted council policy, as well as those areas which the <br />council has full discretion to modify. <br /> <br />Annexation Review Process <br />Councilor Bettman commented on the proposed 2-track process for annexations. In the proposed <br />ordinance, the council is not required to (but may opt to) hold a hearing before acting on <br />1 <br />applications submitted with the consent described at proposed EC 9.7810(2). The council is <br />required to hold a hearing before acting on applications submitted with the consent described at <br />2 <br />proposed EC 9.7810(3)(a) or (3)(b). This approach is consistent with the state statutes that now <br />govern annexations in Eugene (ORS 222). Councilor Bettman questioned whether it might be <br />simpler to have public hearings for all applications (likely in some batched approach) rather than <br />having to determine which applications should be approved with or without a hearing. In the <br />event there is interest in considering alternative approaches, staff has provided some options to <br />consider: <br /> <br />Option 1: Maintain 2-track process as proposed <br />. Allows council the discretion to forego a <br />hearing when one is not required by state law, or to hold a hearing when the proposal requires <br />more discussion or evaluation through a public hearing process. <br /> <br />Advantages: Maximizes flexibility to the council. Allows council to devote more substantial <br />time to complex requests, while being efficient with routine requests. Responsive to public <br />input requests. Manageable administrative impact to staff. <br /> <br />Disadvantages: Could create some redundancy for applicants and council (applications that are <br />pulled for public hearings will be in front of council twice). May create difficult decisions for <br />council on when, and under what circumstances to require public hearings. <br /> <br />Option 2: Require a public hearing process for all annexations <br />. Create a one track process <br />by requiring all annexations to be reviewed through a public hearing process. <br /> <br />Advantages: Simplifies role of the council by eliminating a decision point regarding whether to <br />require a public hearing or not. Eliminates multiple step process for those applications which <br />would require a public hearing under the 2-track process. Maximizes opportunity for public <br />input. <br /> <br />Disadvantages: Eliminates flexibility for the council to choose appropriate decision path. <br />Would likely increase time spent per application by council and staff as public hearing process is <br />more involved. May create false expectations with the public about the scope of the public <br />hearing (e.g. site specific annexation issues vs. broader policy discussion). <br /> <br />For council’s reference, staff has prepared a rewritten draft of EC 9.7820 to carry out Option 2 <br />Option 2 -- REWRITE OF EC 9.7820 TO PROVIDE FOR <br />attached to this memo as “ <br />HEARING ON ALL ANNEXATION APPLICATIONS <br />.” <br /> <br /> <br /> <br />1 <br /> State law does not require a hearing on applications described in ORS 222.125, implemented at proposed EC <br />9.7810(2). <br />2 <br /> State law requires the City Council to hold a hearing for any application described in ORS 222.170, implemented <br />at proposed EC 9.7810(3). <br />Page 2 of 8 <br /> <br />
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