Item 7: Ord on Extraterritorial Extension Procedures

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Extraterritorial Water and Sewer Extension Procedures: and Amending Sections 9.7055, 9.7205, 9.7820, and 9.8121 of the Eugene Code, 1971 Meeting Date: June 9, 2008 Agenda Item Number: 7 Department: Planning and Development Staff Contact: Steve Nystrom www.eugene-or.gov Contact Telephone Number: 541/682-8385 ISSUE STATEMENT The City Council will take action on an ordinance revising the procedures for review of extraterritorial extensions. BACKGROUND On May 19, 2008, the City Council held a public hearing to consider an ordinance amending the procedural requirements for extraterritorial extensions. This proposed code amendment has been prepared in response to the following council motion which was made at the City Council’s work session on January 23, 2008: 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. Although no testimony was provided at the public hearing on May 19, 2008, an email correspondence in support of the proposed ordinance was submitted to the Mayor and City Council shortly before the hearing. A copy of that email is attached. Following the close of the public hearing, no other questions or suggested amendments were identified by the council. 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 annexations and extraterritorial extensions. Z:\CMO\2008 Council Agendas\M080609\S0806097.doc