CC Minutes - 12/10/07 Meeting - Laserfiche WebLink

Home Browse Search

Councilor Clark asked if the language regarding extraterritorial annexations would by de facto create a policy that would force city residents to develop septic tanks. Steve Nystrom, Principal Planner for the Planning and Development Department (PDD), responded that the ordinance could not change anything in this regard. Councilor Bettman asserted that extraterritorial extensions were not part of the statute. She averred that residents who live in the River Road/Santa Clara area who were concerned about annexations did not understand that the implications of extraterritorial extensions were “far worse for them.” She thought having two attachments was “a little confusing.” She felt Attachment B was “far superior.” She asked if the sections that referred to such extensions could be deleted so that extraterritorial annexations would be dealt with “in a more circumspect way.” City Attorney Emily Jerome said it would be possible to do so but it was not just a matter of deleting that particular section as there were other sections throughout the ordinance that referenced extraterritorial extensions. She thought the subject should be revisited at some point because although there were not State statutes that picked up where the Lane County Local Government Boundary Commission left off regarding extraterritorial extensions, the boundary commission did have jurisdiction over them. She underscored that it was within the council’s purview to revisit the extensions at a later time. She added that she was uncertain whether staff would be comfortable bifurcating the issues at this time. Councilor Bettman reiterated her question. City Attorney Glenn Klein responded that the question was whether the attorneys would know with a high degree of certainty that they were removing all of the sections that were necessary and were not increasing confusion by removing something that was referred to in another part of the ordinance. He suggested that one option would be to pass the ordinance as presented at the current meeting and direct staff to return with an ordinance in January that would delete the portions Councilor Bettman wanted deleted. He reiterated that it was inadvisable not to take action at all at this time. Councilor Bettman asserted that what would need to be deleted was distinct. She said she would have preferred Attachment B. She noted that she had requested language earlier in the day to amend to change it so that it was a “type four” application with a hearing in front of the Planning Commission and subsequently appealable to the City Council. Ms. Jerome responded that this language was supplied to Councilor Bettman, though somewhat recently. Councilor Ortiz planned to support the motion as it stood. She believed it to be an important subject and merited more discussion in a work session. She was not willing to remove the language that referred to extraterritorial extensions at this point. Councilor Poling ascertained from Mr. Nystrom that sewer service could still be extended to properties outside of the city limit but inside of the urban growth boundary (UGB) with the current proposed ordinance language. Mr. Nystrom added that there were a number of provisions that went along with it that made it so that in practice it was difficult to gain such approvals because in most cases the jurisdiction wanted such a property to annex. MINUTES—Eugene City Council December 10, 2007 Page 17 Regular Meeting