Item 3: Ordinance on Extraterritorial Extension Procedures

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As a result of the passage of Senate Bill 417, the City of Eugene assumed responsibility for processing these requests. The long-standing policies regarding extraterritorial extensions were subsequently codified in Ordinance No. 20400 as the approval criteria for any new requests. Given the explicit nature of the policies, this ordinance established a Type II process which required approval of the Planning Director. However, following further discussion at the January 23, 2008, work session, the City Council expressed concern that some of these requests could be potentially significant or controversial and felt it more appropriate to have such applications elevated to a City Council review. The Planning Commission held a public hearing on the proposed amendment on April 22, 2008. Following the close of the public hearing, the Planning Commission recommended approval of the proposed amendments consistent with the City Council’s motion. As of this date, no written testimony has been received on this matter. Two individuals spoke as neutral parties at the Planning Commission public hearing, requesting clarification of statements in the staff report. Staff has attached the Agenda Item Summary to the Planning Commission, dated April 22, 2008 as well as the Agenda Item Summary to the Mayor and City Council regarding the January 23, 2008 work session on extraterritorial extensions to provide further background on this matter. Draft Ordinance The draft ordinance revises the process for extraterritorial extensions as described in the council’s motion above. This revision would require that the City Council hold a public hearing and be the decision maker for all extraterritorial extensions. The proposed ordinance also amends the public notification requirements for all extraterritorial extensions, consistent with the City Council motion. In addition to the council-directed amendment, staff has included another amendment to address an oversight that resulted in the original ordinance adoption in December, 2007. Prior to the City Council’s vote to adopt Ordinance No. 20400, a motion to amend the ordinance was approved by the City Council which increased the requirement for public notification for annexations from 10 to 30 days prior to council consideration. EC 9.7820(1)(c) was revised accordingly, however the motion failed to include a reference to a second portion of the ordinance, EC 9.7820, which contained similar language. Staff is therefore including this proposed amendment to fulfill the original intent of the council. This amendment would ensure that in cases where the City Council decides to hold a public hearing for a proposed annexation, public notice shall be provided 30 days (as opposed to 14 days) in advance of the hearing. RELATED CITY POLICIES This item is intended as a follow-up to the recent proceedings regarding the adoption of Ordinance No. 20400. That ordinance was adopted as a result of a state mandate (SB 417) which required local jurisdictions to assume the responsibilities for processing annexation requests. COUNCIL OPTIONS The City Council may consider the following options: 1. Approve the proposed ordinance 2. Approved the proposed ordinance with specific modifications as determined by the City Council 3. Deny the proposed ordinance Y:\CMO\2008 Council Agendas\M080519\S0805193.docm