Item 3: Ordinance on Extraterritorial Extension Procedures

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Extra-Territorial Water and Sewer Extensions Procedures; and Amending Sections 9.7055, 9.7205, 9.7820, and 9.8121 of the Eugene Code, 1971 Meeting Date: May 19, 2008 Agenda Item Number: 3 Department: Planning and Development Staff Contact: Steve Nystrom www.eugene-or.gov Contact Telephone Number: 541/682-8385 ISSUE STATEMENT The City Council will hold a public hearing to consider a proposed code amendment revising the procedures for review of extraterritorial extensions. BACKGROUND In December, 2007, the City Council adopted an ordinance (No. 20400) establishing the procedures for processing of annexation requests, extraterritorial extensions, and withdrawals from special districts. Immediately following adoption of this ordinance, the City Council directed staff to schedule a work session to further discuss extraterritorial extensions. On January 23, 2008, the City Council held the work session and concluded that a discrete amendment to the procedural requirements for extraterritorial extensions was warranted. Accordingly, the City Council passed the following motion: Move to direct the City Manager to prepare an ordinance amending the code so that the process for considering extraterritorial extension applications: 1) Requires a public hearing before the City Council and makes the City Council the final local decision-making body; and 2) Requires that notice of the City Council’s public hearing be posted on the property which is the subject of the application so that the notice is visible from adjacent streets and that the notice be mailed to the appropriate neighborhood associations, and all property owners and residents within 750 feet of that property’s perimeter. Further move to direct the City Manager to hold any applications submitted for extraterritorial extension of water or sewer until the City Council has acted on this proposed ordinance or 60 days after the City Council holds a public hearing on the ordinance, whichever is earlier. Senate Bill 417 was passed in the 2007 legislative session which abolished the Lane County Boundary Commission. Prior to the enactment of Senate Bill 417, the Boundary Commission had the authority to consider requests for extraterritorial extensions. The City Council adopted specific resolutions many years ago regarding extraterritorial extensions. These resolutions included specific policies which served as the basis from which the City would make its recommendation to the Boundary Commission. Y:\CMO\2008 Council Agendas\M080519\S0805193.docm