The URL can be used to link to this page

Home My WebLink About09-12-16 Work Session and Meeting EUGENE CITY COUNCIL AGENDA September 12, 2016 5:30p.m.CITYCOUNCILWORKSESSION HarrisHall,125East8Avenue th Eugene,Oregon97401 7:30p.m.CITYCOUNCILMEETING HarrisHall,125East8Avenue th Eugene,Oregon97401 MeetingofSeptember12,2016; HerHonorMayorKittyPiercyPresiding Councilors 5:30p.m.CITYCOUNCILWORKSESSION Avenue HarrisHall,125East8 th 5:30p.m.A.WORKSESSION CityCouncilProcessSession J:\\CMO\\2016 Council Agendas\\M160912\\A160912S.doc 7:30p.m.MEETINGOFTHEEUGENECITYCOUNCIL HarrisHall,125East8Avenue th 1.CEREMONIALMATTERS 2.PUBLICFORUM - ¸®±Ȁ ThePublicForumisanopportunityforindividualstospeaktotheCity Councilonanycityrelatedissuesexceptforthoseitemswhichhavealreadybeen heardbyaHearingsOfficialorareon³®¨¦§³Ȍ²agendaasapublichearing. Eachperson willhavethreeminutestospeak.Whenyoucometothepodium, pleasegiveyourname,cityofresidence,and,forEugeneresidents,yourwardif known.Thetimerandlightsindicatethetimeyouhavetospeak.Theredlight indicatestheendofthreeminutes. - ¸®±¢«®²¤²³§¤0´¡«¨¢&®±´¬ £ ²ª²¥®±¢®¬¬¤³²¥±®¬³§¤#¨³¸#®´¢¨«ȁ 3.CONSENTCALENDAR (Note: Timepermitting,actionontheConsentCalendarmaybetakenatthe5:30 p.m.worksession.) A.ApprovalofCityCouncilMinutes B.ApprovalofTentativeWorkingAgenda C.AdoptionofResolution5167AnnexingLandtotheCityofEugene (McBirneyFamilyTrust;A165) D.AdoptionofResolution5168AnnexingLandtotheCityofEugene (Cowan,Doug;A166) E.ApprovalofOverseasTravelRequest #¨³¸#®´¢¨«0±¤²¨£¤³Ȁ ImovetoapprovetheitemsontheConsentCalendar. # ««¥®±µ®³¤ȁ 4.PUBLICHEARING AnOrdinanceExtendingtheRentalHousingCodeSunsetDateand ProvidingForanEffectiveDate - ¦¤±Ȁ Introducestopic,presentsbackgroundinformation. - ¸®±®¯¤²³§¤¯´¡«¨¢§¤ ±¨¦Ȁ ThosewishingtospeakduringthePublic Hearingmustsubmitacompletedȏ2¤°´¤²³to3¯¤ ªȐformtotheinformationdesk, priortothebeginningofthePublicHearing.Whenyoucometothepodium,please giveyourname,cityofresidence,and,forEugeneresidents,yourwardifknown; youwillhavethreeminutestocomment.Therearelightsonthetimer;thered lightindicatestheendofthreeminutes. J:\\CMO\\2016 Council Agendas\\M160912\\A160912S.doc - ¸®±Ȁ Closesthepublichearing. - ¸®±Ȁ AsksforquestionsorcommentsfromtheCityCouncil. Adjourn. ¶¶¶ȁ¤´¦¤¤®±ȁ¦®µȁ J:\\CMO\\2016 Council Agendas\\M160912\\A160912S.doc ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY www.eugeneor.gov AGENDAITEMSUMMARY BACKGROUND Delivery of the minutes recording function for City Council meetings and work sessions was changed several years ago to contribute to organizational footprint reductions. With archived video recordings of the Council and Budget Committee meetings available on the City’s website, the need for detailed written minutes was reduced. Abbreviated Council meeting minutes that meet the legal requirements of ORS 192.650 are taken by City Manager’s Office (CMO) staff. Implementation of software and other operating efficiencies in the CMO also allowed for streamlined delivery of minutes to Council and better accessibility of both minutes and videos on the City’s website. Council has since expressed interest in looking at other options for meeting records. Staff will present a range of possibilities for Council consideration. Based on this discussion, staff will return to Council with a plan for formal approval prior to the Council’s winter break. RELATEDCITYPOLICIES J:\\CMO\\2016 Council Agendas\\M160912\\S160912A.doc COUNCILOPTIONS CITY-!.!'%2Ȍ3RECOMMENDATION SUGGESTEDMOTION ATTACHMENTS FORMOREINFORMATION ECCOA UGENEITYOUNCILPERATINGGREEMENTS RN5043 ESOLUTIONUMBER AO10,2011 DOPTEDCTOBER INTRODUCTION The Municipal Charter of the City of Eugene (Charter) and Eugene City Code, 1971 (E.C.), as well as the Oregon Revised Statues (ORS) law govern many meeting requirements and actions of the Council. The Eugene Charter, Chapter 2 of the Eugene City Code, and various sections of ORS 192 and 244 are primary sources of these meeting and other operating requirements. 1.MEETING REQUIREMENTS 1.01 Time of Meetings Regular meetings of the Eugene City Council (the Council) shall be on the second and fourth Mondays of each month. These meetings shall begin at 7:30 p.m. and shall end at 10 p.m., or when the agenda item considered by the Council at 10 p.m. is concluded. If those days are on a legal or religious holiday, the Council may schedule the meeting for the day immediately following. 1.02 Work Sessions The Council may meet in work sessions beginning at 5:30 p.m. prior to its regular Monday meetings as needed. Other work sessions may be held on the second, third, fourth, and fifth Wednesdays of the month. These work sessions shall start at noon and last for a maximum of 90 minutes. Except for extraordinary circumstances, the total time for presentations by staff and/or others on a single agenda item shall be no more than 15 minutes. 1.03 Location of Meetings Eugene City Council meetings shall be held within the jurisdictional boundaries of the City. Training sessions may be held outside the City limits, if no deliberations toward a decision are made. Inter-jurisdictional meetings may be held outside City limits, but should be as close to Eugene as practical. No City Council meeting shall be held at any place where discrimination on the basis of an individual’s race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income or disability, is practiced. For this purpose, meetings do not include visitations or attendance at any national, regional, or state association to which the councilor belongs. 1.04 Notice of Meetings, Special Meetings, Emergency Meetings Advance notice of at least 24 hours shall be provided for all meetings. Notice shall include written notice to all news media which requested notice. In the case of emergency or when a state of emergency has been declared, notice appropriate to the circumstances shall be provided and reasons justifying the lack of 24-hour notice shall be included in the minutes of such meeting. As per both the Eugene Charter, Section 9, and Eugene Code, Section 2.007 (2), the Mayor or three of the members of the Council, may call a special meeting of the Council in manner provided in E.C. 2.007 (3). Eugene City Council Operating Agreements – October 2011 Page 1 of 19 1.05Public Forum A public comment period generally shall be the first item of every regular meeting of the Eugene City Council. By council majority vote, time-sensitive issues may be moved up in the agenda order. Persons wishing to speak at the Public Forum must sign up to do so not later than five minutes after the Public Forum has been opened by the Mayor or presiding officer. The Mayor or presiding officer shall inform the audience of the requirement to sign up to speak not later than fiveminutes after the meeting has been called to order or prior to the conclusion of the Public Forum. Members of the public may speak about any topic during the Public Forum, except as provided below. If a member of the public wishes to speak on an item that is scheduled for a public hearing at that same meeting, the speaker shall wait until that public hearing. The Public Forum cannot be used to testify about an item that is not a public matter or which has already been heard by a Hearings Official, or to provide or gather additional testimony or information on a quasi-judicial matter after the official record has been closed. Speakers at the Public Forum will be limited to three minutes. Generally, the speakers will be called upon in the order in which the “request to speak” forms are received by the staff at the meeting. No persons will be allowed to complete a “request to speak” form more than 30 minutes prior to the start of the meeting. At the end of the Public Forum each member of the Council has the opportunity to respond to comments made during the Public Forum. The time allocated to each member of the Council for such responses shall be up to three minutes. 1.06 Public Hearings Public hearings shall generallybe held on the third Monday of the month, except for those months during which a Council break occurs, and shall be held for all ordinances except under the terms delineated in E.C. 2.007 (4). Hearings may be scheduled on other items at the discretion of the Mayor and the City Manager. Persons wishing to speak shall submit a “request to speak” form prior to the commencement of the public hearing at which the person wishes to speak. The Mayor or presiding officer shall inform the audience of this requirement to sign up prior to the commencement of a public hearing. Speakers will be limited to three minutes. Eugene Code 2.015(7) notwithstanding, councilors may ask clarifying or follow-up questions of individuals providing testimony after that individual has completed his/her testimony. Questions posed by City Councilors should be to provide clarification or additional information on testimony provided. Questions should not be used as an attempt to lengthen or expand the testimony of the individual. Councilors shall be expected to use restraint and be considerate of the meeting time of the Council when exercising this option. The Mayor or presiding officer may intervene if a councilor is violating the spirit of this guideline. At the end of the Public Hearing, each member of the Council has the opportunity to comment on or discuss testimony given during the Public Hearing. Eugene City Council Operating Agreements – October 2011 Page 2 of 19 The Mayor and Council will be limited to commenting only on the main motion prior to discussing any proposed amendments. If a an amendment to the motion is made during the initial round on the main motion, subsequent remarks on the amendments will be postponed until all wishing to speak on the main motion have done so. 1.07 Executive Session All meetings of the Council shall be held in open session, except those meetings that may be closed for purposes specified in the Oregon Attorney General’s Public Records and Meetings Manual (ORS 192.610 to 192.690). These include the employment or dismissal of public employees, performance evaluation of the council’s employees, labor negotiations, real property transactions negotiations, and consulting with legal counsel on pending or threatened litigation. Notice of executive sessions shall be given as required by state law and that notice must state the specific provisions of law authorizing the session. The Mayor and City Councilors are expected to maintain the confidentiality of the information discussed in legally noticed and conducted executive sessions as defined in Chapter 192 of the Oregon Revised Statutes. 1.08 Minutes Written minutes shall be taken for all CityCouncil meetings in accordance with the Oregon Attorney General’s Public Records and Meetings Manual. The minutes must give a true reflection of the matters discussed but need not be a full transcript, verbatim or recording. As a matter of courtesy and efficiency, a councilors should notify the Mayor and other councilors that he/she intends to propose an amendment to the minutes and should propose replacement text in advance of the meeting at which those minutes are scheduled to be approved. If the proposed amendment is a simple factual, grammatical, or spelling correction, the amendment may be proposed without consulting the minutes recorder. If, however, the proposed amendment is substantive in nature or seeks to clarify the speaker's intent, or to expand his/her remarks for the record, the councilor should notify the minutes recorder and request verification of the proposed amendment. 1.09 Voting Section 12 of the Eugene Municipal Charter states that the Mayor only votes on matters before the Council in the case of a tie. Council members may not abstain from voting unless a conflict of interest has been declared. 1.10Presiding Officer The Mayor shall preside over CityCouncil meetings when present. The president of the Council shall preside if the Mayor is absent or unable to preside. The Council vice president shall have the powers of the Council president when the Council president is performing the duties of the Mayor. If the Mayor, Council president, and vice president are unavailable, the Council members present shall elect a temporary presiding officer. Eugene City Council Operating Agreements – October 2011 Page 3 of 19 1.11Council Officers Council officers shall be elected for one-year terms in the manner prescribed in the E.C. 2.009, at the first regular meeting in each calendar year. PLACING ITEMS ON COUNCIL AGENDA 2. 2.01 Contact the City Manager Contact the City Manager and explain the nature, scope and desired outcome of the item for the agenda, or make the request during “Items from Mayor and City Council” at a City Council work session. The City Manager and Mayor may then decide to place the item on a future agenda. 2.02 Council Poll Alternatively, an item may be placed on the Council agenda by councilor request. A councilor may ask Council support staff for a work session, and staff shall then poll all councilors, in writing, to ask if the item should be placed on the Council agenda. If, within five working days of distribution of the poll, a majority of the Council responds in the affirmative, the item shall be placed on the Council agenda within one week. A majority of the Council in this instance is four councilors. 2.03 Tentative Agenda on the Consent Calendar At each regular meeting of the Council, the City Manager shall present the Tentative Agenda. This shall be placed on the Consent Calendar. If there are concerns about items on the Tentative Agenda, it may be removed at the request of any councilors from the Consent Calendar and discussed separately. 2.04 Tentative Agenda Provided Each Week The Tentative Agenda shall be included in the weekly information packet provided to the Council. 2.05 Scheduling of Items on the Agenda The City Manager and Mayor shall decide the date that items come before Council for work sessions and for regular meetings. 2.06 Routine Business Items on the City Council Agenda The City Manager shall continue to place routine and standard items of Council business on the City Council agenda. ORDER OF ITEMS ON A SPECIFIC DATE MEETING AGENDA 3. 3.01 Pledge of Allegiance to the Flag The Eugene City Council shall begin its formal council meetings with a voluntary recitation of the Pledge of Allegiance at those council meetings closest to the following holidays: Memorial Day, Veterans Day, Flag Day, and the Fourth of July. At the council meeting closest to the Fourth of July, the ceremony will also include readings from the Declaration of Independence and/or United States Constitution. Eugene City Council Operating Agreements – October 2011 Page 4 of 19 3.02 Ceremonial Matters At the first regular meeting of each month, the first agenda item shall be used to acknowledge special recognition or awards given to the City of Eugene or for the Mayor to read proclamations which serve to encourage and educate the community. Proclamations shall be made and placed on the agenda at the discretion of the Mayor. This item shall be called “Ceremonial Matters.” Requests for recognition under Ceremonial Matters should be submitted in writing to the Mayor. 3.03 Consent Calendar At regular CityCouncil meetings, in order to expedite the Council’s business, routine and standard items shall be placed on the Consent Calendar. Any item on the Consent Calendar may be removed for separate consideration by any member of the Council. Revisions or corrections to meetings minutes shall be considered first, prior to other items removed from the Consent Calendar. The remaining items on the Consent Calendar may then be considered for action by a single vote. The items pulled from the Consent Calendar shall be considered after the approval of the remainder of the Consent Calendar and before the next scheduled item on the agenda. Ordinances, because of charter requirements, are not to be placed on the Consent Calendar. 3.04 Public Hearings Given Priority As a guideline, public hearings shall be placed on the specific meeting agenda before items only requiring action. Further, public hearings expected to draw a small number of speakers shall be placed before public hearings for which a larger number of speakers is expected. 3.05 Committee Reports and Items from Mayor, City Council and City Manager At work sessions held on the second and fourth Mondays of each month, the first item on the agenda shall be “Committee Reports and Items of Interest from Mayor, CityCouncil and City Manager.” Detailed reports on committee assignments will be given quarterly, with these reports rotating according to a pre-determined schedule and occurring at the first Monday work session of each month; the time set for this item will be 60 minutes. General reports will be given during the second Monday work session; the time set for this item will be 30 minutes. The time allotted for “Items” is subject to change to accommodate emerging issues. 4.COUNCIL ACTION ON AGENDA ITEMS As a guideline, action on issues for which a public hearing has occurred shall not be taken at the same meeting at which the public hearing is held. In the case of an ordinance, the charter requires that an ordinance shall not be adopted by the Council unless it has been considered by the Council during at least two meetings. With the unanimous consent of the Council, the Council may consider and enact an ordinance at a single meeting if the Council does not amend the ordinance in a manner that modifies its substantive effect (Charter, Section 28 (3)). 5.POSTPONING AGENDA ITEMS Any councilor may request that an item be postponed to another meeting if he/she is unable to attend the meeting at which the item has been scheduled. As a courtesy, councilors should submit in writing a request to postpone to the Mayor as early as possible. If the Mayor is unavailable the request should be made to the City Manager or the Manager’s designated staff member. A request to postpone may be requested for either a work session item or a vote on an Eugene City Council Operating Agreements – October 2011 Page 5 of 19 agenda item. The request to postpone shall be honored unless a majority of councilors present determines that the matter needs to be acted upon at that meeting. 6.COMMITTEES OF THE COUNCIL 6.01 Creation of Committees While the City Code governs appointments to certain committees, the code grants broad general powers to the Mayor and CityCouncil to create subcommittees or special ad hoc committees of the Council. The Mayor shall nominate and the Council shall appoint the members of any committee established by the Council unless a different procedure is specified at the time the committee is established. The charge to the committee shall be clearly stated at the time the committee is established, and the committee shall disband when its work is complete. Committees may be composed of councilors, interested citizens or both. 6.02Standing Committees of the Council There is one standing committee of the Council, the Intergovernmental Relations Committee. 6.03 Standing Advisory Bodies to the Council There are sevenstanding advisory bodies to the City Council. These are created in the Eugene Code and exist to provide advice on policy matters. Theyare: 1) Budget Committee; 2) Planning Commission; 3) Police Commission; 4) Human Rights Commission; 5) Sustainability Commission; 6) Civilian Review Board; and 7) Toxics Board. 7. CONDUCT AT MEETINGS 7.01 Roberts Rules of Order Conduct at CityCouncil meetings and committee meetings is governed by Robert’s Rules of Order, Revised. The Council has the obligation to be clear and simple in its procedures and in its consideration of the questions coming before it. Council members shall avoid invoking the finer points of parliamentary rules which may serve only to obscure the issues. 7.02 Other Meeting Guidelines The presiding officer shall be responsible for ensuring order and decorum are maintained. Behavior or actions that are unreasonably loud or disruptive shall be cause for removal from Council meetings. This includes engaging in violent or distracting action, making loud or disruptive noise or using similar language, and refusing to obey an order of the presiding officer. Council members speak only for themselves and shall be open, direct and candid. They work to keep discussion moving, and call for a “process check” if the discussion becomes bogged down. Time limits may be set on topics. When councilors speak to each other during public meetings, last names shall be used during regular meetings butfirst names may be used during work sessions. The Mayor is, however, always referred to as “Mayor.” During public meetings, councilors generally should not attempt to edit or rewrite prepared ordinances. Amendments to an ordinance may, however, be appropriate. Generally, councilors should give direction to staff to bring back amended ordinances for Council consideration. Eugene City Council Operating Agreements – October 2011 Page 6 of 19 If a member of the Council intends to make a motion at a meeting which is not reflected in the agenda item summary, every effort should be madeto contact other members of the Council to inform them of the intent and the text of the motion. City Council support staff should be provided with the same information and may be asked to assist in the notification process. Comment times for the Mayor and councilors at CityCouncil meetings or work sessions shall be generally limited to no more than three minutes. At the discretion of the Mayor or presiding officer, second and subsequent rounds may be limited further to ensure that everyone has an opportunity to be heard in the time allotted for the item. 7.03 Public Conduct The rules of conduct for members of the public shall generally be the same as for the Council. The Code prohibits any person from bringing flags, signs, posters, and placards to a City Council meeting unless authorized by the presiding officer. The Eugene Code specifically permits arm bands, emblems, badges, and other articles worn on personal clothing, so long as such items do not extend from the body in such a way as to cause injury to another. COUNCILOR REQUEST FOR STAFF ASSISTANCE 8. 8.01 Two-Hour Rule Initiatives requiring more than two hours of staff time must be approved by the Council. Requests that involve less than two hours staff time or resources should be directed to the City Manager. 8.02 Major Request A Councilor who desires major policy, ordinance research, or other staff assistance should first raise the issue at a CityCouncil work session. The Council should decide whether to proceed with the issue or ordinance before staff time is spent. 8.03 Tracking Council Requests Except for routine inquiries, the City Manager shall respond to councilors’ requests for information or assistance. The Manager shall assign these requests to appropriate City staff and track progress on the assignments. This process eliminates the possibilities of staff members duplicating each other's efforts or a request being overlooked. 9. REPRESENTING CITY POSITIONS AND PERSONAL POSITIONS 9.01 Written Communications from City Councilors and Mayor In written communication with other officials or groups and in letters for publication, such as “to the editor,” the Mayor and councilors should be careful to decide whether to speak only for themselves or for the Council. In speaking for the Council, when there is a position which the writer wishes to reinforce or explain, it is useful to circulate a copy to the Council for comment before the letter is mailed. Letters to other elected officials or agencies on City issues shall be discussed with the appropriate staff so that the City lobby effort can be coordinated. When writing as an individual, a councilor or the Mayor is free to take any position which he or she feels is appropriate. When it is a point of view different from a Council position, this fact Eugene City Council Operating Agreements – October 2011 Page 7 of 19 should be included in the letter. Use of City stationery and choice of pronouns shall be left to the discretion of the councilor or the Mayor. The governing principle is to advise the Council or staff when expressing a City position, and to make differences clear when speaking as an individual. 9.02 State/Federal Lobbying The effectiveness of City lobbying in Salem or in Washington, D.C. depends on the clarity of the City’s voice. When councilors or the Mayor represent the City in a lobbying situation, it is appropriate that the councilors or the Mayoravoid expressions of personal dissent from an adopted Council policy. This policy is stated in Resolution No. 4139, Council Policy on Testimony and Funding Applications. A councilor or the Mayor in disagreement with an adopted policy should not be deprived of the right to express such views to the appropriate officials at another time and another place. However, the councilor or the Mayor should feel bound to advise those to whom such disagreement is expressed that it is an individual view and that the Council has taken a different position. 9.03 Attending Conferences, Other Meetings Councilors and the Mayor are encouraged to attend conferences and training sessions which would enhance their skills and knowledge. Any councilor or the Mayor may attend any meeting at which the Council is represented, but only the formally appointed official City Council representative or designated alternate, has the right to vote on matters being considered by the organization or group holding the meeting or conference. Individual councilors or the Mayor may state he or she is representing the City Council if he or she has been formally directed by the City Council to do so. For local intergovernmental bodies or advisory groups to which an official Eugene City Council representative has been appointed, the representative is to serve as an “instructed delegate;” that is, to represent pertinent adopted city and CityCouncil policy. If possible, the Mayor or councilors should inform the other members of the City Council of the matters being considered by intergovernmental bodies, and to the greatest extent possible, seek direction from the City Council on issues directly pertaining to the City of Eugene and adopted city policy. The representative may express his or her own opinion, provided it is identified as such, but when voting or considering matters with policy implications or budgetary considerations, the representative must follow adopted City or CityCouncil policy and direction. Participating in state and national groups such as the League of Oregon Cities and the National League of Cities presents the opportunity to enhance skills and knowledge, and is an important avenue for the Mayor and councilors to advocate for the members of the community and the city itself. If the Mayor or councilors attend meetings of these organizations, an official voting delegate should be selected by the City Council. This voting delegate, to the greatest extent possible, informs the Mayor and City Council of issues or matters on which the voting delegate may be asked to vote. If there is existing City or Council policy, the voting delegate will vote in accordance with that policy. When providing a report to the council (see Section 10.06), votes of the delegate should be included in that report. Eugene City Council Operating Agreements – October 2011 Page 8 of 19 If the Mayor or individual councilor serves on a committee of a state or national advisory committee and has been selected in an “at large” role, that is, not a specific seat or position for a City of Eugene elected official, that person should state the adopted City or Council policies. However, that person is not bound by the adopted policy and can represent his or her own position, provided that the person makes such a disclaimer. 10. COUNCILOR EXPENSES 10.01 General Guidelines for Reimbursed Expenses Under the provisions of the City Charter, the City may pay a councilor or the Mayor expenses that are directly related to City business. It is each councilor’s and the Mayor’s responsibility to determine if expenses are actually City related. If there are questions about the propriety of such expenditures, the Manager shall first review the issue with the councilor. If theCity Manager and the councilor cannot resolve the issue, the Manager shall discuss the matter with the Mayor. Receipts should be secured for any expenses and should accompany CityCouncil expense report forms to record mileage and other expenses. The forms shall be available from the City Manager's Office. Activities that support or oppose a political campaign shall not be reimbursable. 10.02 Out-of-Town Expenses Out-of-town expenses include those incurred while attending City-related conventions, conferences, training seminars, or meetings. Expenses that are paid by the City include fees for seminars or conferences; transportation to, from, and at the destination; and lodging, meals, and incidental expenses that are necessary to conduct City business. 10.03 Local Expenses Local expenses include those incurred while representing the Council on a committee, attending meetings, attending local seminars or conferences, attending local special events, or meeting with groups or individuals to discuss City matters. Expenses that are paid by the City are detailed in Resolution No. 4375 and include meals, conference registration, transportation and necessary incidental expenses, and up to two community group memberships, not to exceed $100 total. The reimbursement for bicycle mileage, as permitted in Resolution No. 4375, shall be $.15.1 per mile as of September 1, 2002, and shall be adjusted each year at the same rate of increase as that of automobile reimbursement. Special materials such as books or directories may also be eligible for reimbursement. If receipts are not available, a written description of expenses signed by the Councilor must be submitted along with the Council Expense Report Form. Forms shall be available from the City Manager’s Office. 10.04 Spouse/Guest Expenses The City shall reimburse councilors or the Mayor for spouse expenses at local events when the councilors or the Mayor and spouse are jointly invited and the councilors are serving in their official capacity, such as a recognition dinner. The City does not otherwise reimburse councilors or the Mayor for expenses incurred by their spouses. If councilors or the Mayor wish to have Eugene City Council Operating Agreements – October 2011 Page 9 of 19 spouses accompany them while attending out-of-town events, the City may make reservations and have travel and lodging expenses billed directly to the City. Councilors or the Mayor must then reimburse the City for their spouse’s travel and lodging expenses. Reimbursement should be made as soon as possible so that the trip reconciliation process can be completed. When a guest is invited in place of a spouse, this reimbursement policy shall also apply. 10.05 Petty Cash Expenses under $50 can usually be reimbursed out of the petty cash fund in the City Manager’s Office. 10.06 Travel Guidelines Prior notification of out-of-town travel shall be given to staff responsible for travel arrangements in the City Manager’s Office whenever possible. Registration and travel arrangements should be made well in advance so that the City can take advantage of reduced fares and early registration fees. Staff shall assist councilors in making transportation and lodging arrangements and arrange to have expenses billed directly to the City; contractors shall be chosen by staff, and not by councilors. While at a conference, councilors or the Mayor shall be expected to attend conference sessions and, within 30 days, issue a written report to share the information and perspectives with the entireCityCouncil. If more than one councilor attends, a consolidated report may be written. As a general guideline, each councilor is allowed two out-of-state conference trips per fiscal year. If a councilor wishes to make additional trips, the request should be brought to attention of the full Council and should be endorsed by a majority of the Council. This guideline is intended to cover trips made at the discretion of the individual councilor; it is not intended to be applied to trips related to service on national or regional committee, such as a committee of the National League of Cities. 10.07 Overseas Travel If the Mayor or members of the Council wish to attend a conference or make a Council business- related trip to a destination overseas, this request shall be made in writing well in advance and shall be placed on the Consent Calendar for approval by the Council. 11. ETHICS 11.01 Reporting Requirements in ORS In accordance with ORS 244.050, the Mayor and all councilors holding office on April 15 shall be required to file an Annual Verified Statement of Economic Interest with the Oregon Government Standards and Practices Commission on or before that date. The report must be filed on the form prescribed by ORS 244.060. Each year the form shall be mailed directly to the elected official by the Commission and should be returned directly to the Commission in Salem. Failure to submit the form by the April 15 deadline may result in the imposition of a civil penalty and/or removal from office. Eugene City Council Operating Agreements – October 2011 Page 10 of 19 11.02 Local Code of Ethics The Charter requires that a code of ethics be enacted. This local code, found in the Eugene Code, places additional conflicts of interest requirements upon elected officials and creates a local process for filing complaints. 12. COUNCIL CHAMBER AND MCNUTT ROOM SEATING ASSIGNMENTS The Council shall be assigned seats in January, following the election of the Council president and vice president. The Mayor is always seated at the center position with the 5043Council president seated at the Mayor's right and the Council vice president seated at the Mayor’s left. The remaining councilors shall be assigned seats in alphabetical order by last name. When the Council returns after each Council break, each person moves one seat toward the outside and to the opposite side of the table or dais; those in the outermost seats move to the innermost seats on the opposite side. This system allows councilors the opportunity to regularly change seats throughout a four-year term. Below is a detailed listing of the seating sequence. JANUARY Mayor President Vice President Councilor A1 Councilor B2 Councilor C3 Councilor D4 Councilor E5 Councilor F6 APRIL Mayor President Vice President Councilor F6 Councilor E5 Councilor B2 Councilor A1 Councilor D4 Councilor C3 SEPTEMBER Mayor President Vice President Councilor C3 Councilor D4 Councilor E5 Councilor F6 Councilor A1 Councilor B2 Eugene City Council Operating Agreements – October 2011 Page 11 of 19 CCCIR ITYOUNCILOMMITTEE ON NTERGOVERNMENTALELATIONS OA PERATING GREEMENTS ACCJ28,2008 DOPTED BY THE ITYOUNCIL ON ANUARY 1. Purpose of Council Committee on Intergovernmental Relations The Council Committee on Intergovernmental Relations (IGR Committee) exists to make recommendations to the City Council on State and Federal legislative issues and on City applications for funding from outside agencies. At this time it is the only standing committee of the City Council. 2. Membership The IGR Committee consists of three City Council members. The three IGR Committee Council members are appointed annually by the Mayor in the normal course of appointments to various boards and commissions on which City of Eugene elected officials serve. The Mayor will appoint members that represent the City Council’s political and ideological diversity. The Mayor serves as an ex-officio member of the IGR committee. 3. Committee Chair The IGR Committee shall elect a chair of the committee at the first regularly scheduled meeting after the Mayor has appointed the members to the IGR Committee. 4. Conducting the Business of Meeting IGR Committee meetings are governed by Roberts Rules of Order, Revised. Like the City Council, the IGR Committee has the obligation to be clear and simple in its procedures and in its consideration of the questions coming before it. 5. Meetings The IGR Committee meets as needed and generally meets more frequently when the Oregon Legislature is in session. Meetings of the IGR Committee are subject to the requirements of Oregon Public Meetings Law, ORS 192.620. The meetings shall be held within the jurisdictional boundaries of the City. No IGR Committee meeting shall be held at any place where discrimination on the basis of an individual’s race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income or disability, is practiced. Advance notice of at least 24 hours shall be provided for all meetings. Notice shall include written notice to all news media that requested notice. 6. Quorum Eugene City Council Operating Agreements – October 2011 Page 12 of 19 Two members of the IGR Committee constitute a quorum for the transaction of Committee business. Other members of the City Council may attend meetings of the IGR Committee, but shall have no authority or status to vote on matters considered by the IGR Committee during that meeting. Unanimous votes of the IGR Committee require 3 votes, not 2 votes, should an IGR Committee member be absent. An IGR Committee member may designate the Mayor to serve as an alternate in the member’s absence. 7. Minutes Written minutes shall be taken for all IGR Committee meetings in accordance with the Oregon Attorney General’s Public Records and Meetings Manual. The minutes must give a true reflection of the matters discussed but need not be a full transcript, verbatim or recording. 8. Process for Sessions of the Oregon Legislature The Regular Session of the Oregon State Legislature convenes in January of odd numbered years, with a Special Session convening in January of even numbered years. The Regular Session generally lasts for six months with the Special Session lasting for two months. In February 2008, the Oregon legislature convened a Supplemental Session in lieu of the Special Session, lasting for only one month. Supplemental Sessions may be held in subsequent even numbered years. Preparation for the Regular Session is begun by IGR staff who meet with the members of the IGR Committee and other City departmental staff to outline legislative policies and concepts for the upcoming session based upon City Council goals, priorities, community needs and organizational issues. These concepts, after being vetted by staff and the IGR Committee, are then submitted to the full City Council for review and approval. Once the concepts are approved, they become the basis for the Legislative Policies document that serves as the cornerstone for position and lobbying efforts on particular pieces of legislation during the session. The Legislative Policies document includes principles and precepts that will help determine the city position on bills. The City of Eugene first adopted a formal set of legislative policies prior to the 1985 session recognizing from past sessions that many staff recommendations were repeated from session to session and that a great percentage of a session’s legislative proposals could be anticipated. 9. Process for Introducing Legislation The City may wish to introduce legislative concepts on its behalf to the legislature. The IGR Committee meets and reviews all proposals for legislation prior to submittal to the Legislature. Any City staff or elected official interested in introducing legislation prepares a written overview of the purpose of the legislative concept and draft language for review by the IGR Committee. Once the IGR Committee has voted on proposed legislative concepts, the action of the IGR approval. Eugene City Council Operating Agreements – October 2011 Page 13 of 19 After the proposed legislative concepts have been reviewed and approved by the full City Council, legislative concepts that have been approved are presented to the Legislature for drafting. The bill, as introduced, is then presented to the IGR Committee under the regular bill review process. 10. Process for Review and Prioritization of Legislation The Legislative session is relatively short and as a result, bills can move quickly through the legislative process. Regardless, the City will maintain a neutral position on any bills not yet reviewed by City staff and acted upon by the IGR Committee. Review by City staff: Once the bills are introduced, they are assigned by an IGR staff person to the appropriate LC for review. Legislative Coordinators (LCs) in the appropriate City department analyze all introduced bills that are of interest to or may affect the City. LC staff is determined by each Department. LC staff turnaround for review and analysis of a bill is expected to be within 10 working days of the assignment of a bill unless the movement of a bill warrants a faster turn- around. In those cases, IGR staff will contact the LC and arrange for a faster review. If a bill addresses one or more of the policies presented in the Legislative Policies for that session, the particular policy is noted in the LC staff’s analysis of the bill. LC staff will relay both the pros and cons of a bill in their comments as well as any amendments that would make the bill more favorable. LC will assign each bill a priority and a recommendation. Legislative advocacy is done on the basis of a priority and recommendation system. LC staff recommends a “support,” “oppose,” “neutral,” “monitor,” or “drop” recommendation for all reviewed bills. LC staff also recommends a priority of 1, 2, or 3 on all reviewed bills. The three priority assignments for legislative bills are as follows: PRIORITY ONE BILLS – The issues addressed by the bill areidentified in the City’s Legislative Policies document. The bill would have a significant impact on City operations, services, or finances in such ways as to fundamentally impact department administration, organization, personnel, allocation of City resources, or local decision-making, either negatively or positively. The issues addressed by the bill are of significant interest to the City even if they do not directly impact the operations, services, or finances of the City. Lobby Resource Allocation: Both IGR staff in Salem work on the bill, with a high support level from the legislative coordinator(s) assigned to the bill. The Mayor and/or Council members may testify before committees, possibly with both IGR staff and/or a legislative coordinator. IGR staff contacts all or close to all members of all committees the bill is assigned to. Depending on topic and recommendation, IGR staff will also contact as many legislators as possible prior to public hearings or work sessions. In the event of a floor vote, IGR staff contacts as many legislators as is possible in the 2-5 day period between committee passage and the floor vote. Handouts would be placed in the Capitol mailboxes of all legislators prior to a floor vote. Eugene City Council Operating Agreements – October 2011 Page 14 of 19 PRIORITY TWO BILLS – The issues addressed by the bill are identified in the City’s Legislative Policies document. The bill would have some impact, although manageable, on City operations, services, or finances and would impact administration, organization, personnel, allocation of City resources, or local decision-making, either negatively or positively. The issues addressed by the bill are of high interest to the City even if they do not directly impact the operations, services, or finances of the City. Lobby Resource Allocation: IGR Staff in Salem work closely with legislative coordinators. If the bill is a City specific issue, IGR will testify, with a legislative coordinator if necessary. This, may necessitate the involvement of an executive or expert department staff or the Mayor and/or Council members. If it is an issue less specific to the City, written testimony will be offered. IGR staff will contact members of the bill’s committee prior to a bill being passed out of committee. In the event of a floor vote, IGR staff will submit letters to all legislators and try to contact as many of them as possible, starting with our delegation first, and then to legislators we suspect might be “swing votes.” PRIORITY THREE BILLS - The issues addressed by the bill are alluded to in the City’s Legislative Policies document or included in other policy document or direction. The bill would have a slight impact on City administration, operations, or services, with potential implications for City finances, either negatively or positively. The bill requires tracking because amendments could elevate bill to Priority One or Priority Two. The issues addressed by the bill are of slight interest to the City even if they do not directly impact the operations, services, or finances of the City. Lobby Resource Allocation: Depending on recommendation, IGR staff contacts committee members from local delegation, as well as the committee chair or submits written testimony or letter to proper committee, with no further involvement. In the event of a floor vote, IGR staff will submit letters to all legislators. Review by the IGR Committee: The bill is placed on the IGR Committee agenda for review as soon as possible after all applicable staff has commented on the bill. The IGR Committee meets and reviews all bills on the IGR Committee agenda and may pull any or all bills off the agenda for discussion. Any LC staff that has reviewed and commented on a bill that is pulled for discussion will be prepared to discuss the bill at the IGR Committee meeting. If a bill is not pulled for discussion, the staff recommendation stands. If a bill is pulled for discussion, the IGR Committee may keep or change the staff recommendation. The IGR may also direct that IGR staff work to amend a bill. The IGR Committee votes on all bill priorities and recommendations; the votes need not be unanimous – with unanimous being 3 votes. The actions of the IGR Committee are presented on the full City Council’s agenda for review and approval. The minutes of the IGR Committee are ratified by the City Council. Any bill that has been reviewed by the IGR Committee may be pulled for discussion at the request of any councilor or by the Mayor. 11. Status of Positions on Bills until Final Ratification by the City Council Eugene City Council Operating Agreements – October 2011 Page 15 of 19 Time demands in the Legislature may not allow for each bill on which the IGR Committee takes a position to be fully vetted by the full City Council before some type of action on the bill needs to occur. If a position the IGR Committee has taken on a bill is not unanimous, the position on that bill will be neutral until the full City Council weighs in and directs a position. The bill will then be placed on the next available City Council agenda. Although any bill that has been reviewed by the IGR Committee may be pulled for discussion at the request of any councilor or the Mayor at the City Council meeting, as a matter of practice and courtesy to the members of the Council who do not sit on the IGR Committee, any bill on which the IGR Committee is not in unanimous agreement will be specifically noted. The City Council can modify the position taken by the IGR Committee on a bill; the final direction to staff on any bill comes from the City Council. 12. Process for Federal Lobbying Efforts The IGR Committee and IGR staff address Federal lobbying priorities in concert with a number of the City’s local governmental partners. The Federal priorities begin with a review of opportunities for funding in the next Federal budget and goals that are specific to Eugene or the area. The IGR Committee meets and reviews the list of potential priority projects. Potential projects should be those projects which have already gone through the proper authorization channels and are “shovel ready” projects. Once the IGR Committee reviews the list of potential projects, the Committee develops a list of project goals that are considered to be achievable. After the proposed goals have been vetted by staff, United Front partners, and other community partners, and the IGR Committee, the priorities list is then presented to the full City Council for review and approval. The final list becomes part of the “United Front” agenda which is presented to the area’s congressional representatives, executive department staff, and other potential funding sources in Washington, D.C. The attendees on the lobbying trips typically include the Mayor, chair of the IGR Committee, and appropriate City staff. 13. Grants and Funding Applications The IGR Committee acts on staff recommendations for grant and other funding applications from outside agencies such as governmental or private entities. This process is intended to help avoid situations in which City departments may inadvertently be competing with each other for funding, and to allow the IGR Committee and City Council to review staff plans for expenditures of grant funds. City staff interested in seeking funding prepares a written overview of the funding application for review by the IGR Committee at its next regularly scheduled meeting. Eugene City Council Operating Agreements – October 2011 Page 16 of 19 If timing is critical and there is no IGR Committee meeting scheduled, the Committee may give its approval via e-mail. IGR staff will keep full and complete records of the documents related to the request for funding, the electronic notification of the request to review and the disposition of the request. In all cases the IGR Committee and City Council have authority to direct that an application not go forward or if it has already been submitted, that it be withdrawn. 14. Resolution 4908 On April 18, 2007, the City Council adopted Resolution No. 4908, “A Resolution Establishing Policy Governing City Testimony and Funding Requests, and Repealing Resolution No. 4139”. This speaks to the issue of testimony before legislative bodies, funding requests and the role of the Council in setting legislative policy. This Resolution is incorporated into this document as Attachment A. 15. City Council Operating Agreements The operating agreements of the IGR Committee are to be incorporated into the Operating Agreements of the Eugene City Council. As the IGR Committee is a subset of the City Council, any and all process and operating agreements supersede this document. All process and operating agreements of the City Council, by extension and when relevant apply to the IGR Committee. Attachment A: City of Eugene Resolution 4908. Eugene City Council Operating Agreements – October 2011 Page 17 of 19 Attachment A Eugene City Council Operating Agreements – October 2011 Page 18 of 19 Eugene City Council Operating Agreements – October 2011 Page 19 of 19 PublicRecordsLaw 1.WhoHastheRighttoInspectPublicRecords? 2.WhoseRecordsareSubjecttothePublicRecordsLaw? 3.WhatKindsofRecordsarecoveredbythePublicRecordsLaw? 4.WhatTypesofRecordsareExemptfromthePublicRecordsLaw? RecordsRetention 1.WhatisaPublicRecordforRetentionPurposes? 2.WhatisaRetentionSchedule? 3.HowLongMusttheCityKeepParticularRecords? 4.WhataboutEmails,Notes,andDrafts? ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY www.eugeneor.gov ISSUESTATEMENT BACKGROUND CITY-!.!'%2Ȍ3RECOMMENDATION ATTACHMENTS FORMOREINFORMATION J:\\CMO\\2016 Council Agendas\\M160912\\S1609121.doc ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY www.eugeneor.gov ISSUESTATEMENT SUGGESTEDMOTION FORMOREINFORMATION J:\\CMO\\2016 Council Agendas\\M160912\\S1609122.doc ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY www.eugeneor.gov ISSUESTATEMENT SUGGESTEDMOTION ATTACHMENTS FORMOREINFORMATION J:\\CMO\\2016 Council Agendas\\M160912\\S1609123A.doc ATTACHMENTA MINUTES COUNCILORSPRESENT: COUNCILORSABSENT A.BOARDSANDCOMMISSIONSINTERVIEWS 1.WhatfactorsdoyouthinkareimportantinassessingthefinancialhealthoftheCity government?Howwouldyoudescribethedifferencebetweenastablebudgetanda sustainablebudgetforEugene? 2.Duetolimitedresourcestherearemanyunfundedneedsandcompetingprioritiesfacingthe Citytoday.Astheeconomystabilizesandthecitylookstowardsthefutureneedsofthe communitywhatfactorsshouldbeusedtomakedifficultchoicesonexpandingoradding serviceareas? 3.Aretherespecificpiecesofinformationthatyouthinkwouldbehelpfulforthepublicto understandaboutthe#¨³¸Ȍ²financialsituation? 4.TakingintoaccountthatbroadcommunityinputisanimportantpartoftheBudget Committeediscussionsanddecisionmaking,whattypesofinformationandcommunity zinganddiscussingthe#¨³¸Ȍ²budget? feedbackwouldyouconsideraspartofanaly MINUTES—Eugene City Council May 3, 2016 Page 1 Boards and Commissions Interviews ATTACHMENTB MINUTES COUNCILORSPRESENT: COUNCILORSABSENT: A.BOARDSANDCOMMISSIONSINTERVIEWS 1.Canyoutellusaboutyoureffortstoadvanceinclusion,equity,andhumanrightsinour community,throughvolunteerworkorinyouremploymentactivities?Pleasegiveexamples. ownannualworkplan,works 2.TheHumanRightsCommission,avolunteerbodythatbuildsits incoordinationwithCitystaffanddirectlyadviseselectedofficialsonissuespertainingto humanrights.Asyoucanimaginethisworkandapproachofthecommissionisdifferentfrom thatofacommunitybasedhumanrightsorganization.Howwouldyouapproachtheworkin ordertobeeffectiveinthisrole? 3.TheHRC'sprioritiesincludeworkingwiththecommunityandadvisingtheCityCouncilon issuesinvolvingaddressingpovertyandhomelessnessinourcommunity;engagingyouthin humanrightswork;supportingcommunitiesofcolorandLesbian,Gay,Bisexual,Transgender andQueerpeopleandopposingexpressionsofbiasandhate.Canyoucommentonyour experiencesand/oryourinterestinaddressingtheseissues? 4.Whatdoyouseeasthemostimportanthumanrightsissuesinourcommunitynow?Howhave uthinkwillhelpresolvethose theseissuescometoyourattention?Whataresomesolutionsyo issues? 1.Whatcanyoutellusaboutyouractivities,personalattitudesandlifeexperiencethatwould demonstrateyoucanmakeobjectivedecisionsaboutcomplaintsagainstthepolice? 2.Whatcontacts,positiveornegative,haveyouhadwithpoliceorinthecriminaljusticesystem? MINUTES—Eugene City Council May 4, 2016 Page 1 Boards and Commissions Interviews 3.OneofyourneighborsisaEugeneofficer.Heknows¸®´Ȍ±¤ontheCRB.Recently,heaskedyou ahypotheticalquestionaboutwhatyouthinkanofficershoulddoinaparticularsituation. Whatwouldbeyourresponsetohisquestion? 1.Whatuniquecharacteristics,skillsandinterestswouldyoubringtothePlanningCommission? 2.Asagroup,thePlanningCommissionoftenworksonlengthyprocessesanddecisions.Describe yourskills,experienceandapproachthatwillassistyouinworkinginaconstructive, collaborativemanner. 3.AsaPlanningCommissioner,youwillberesponsibleformakingobjectiverecommendations anddecisionsonawidevariet yofplanningandlanduserelatedmatters.Howwouldyou balanceyourpersonalorneighborhoodperspectivewiththebroadinterestsofthecommunity asawhole? 4.PleasedescribehowyouwouldcontributetothediversityofviewsonthePlanning Commission.Howyouwouldseektoimproveequityandinclusion,includingbringing perspectivesofunderrepresentedmembersofourcommunityintothelanduseplanningand decisionprocess? 5.ThePlanningCommissionmustoftenconsiderandbalancecomplexissueswhenreviewing planningdocumentsandmakinglandusedecisions.Asanexample,throughEnvisionEugene, thecityisintheprocessofimplementingstrategiestoaccommodate34,000newresidents overthenext20years.Inyouropinion,whatarethemostimportantfactorsforthePlanning Commissiontoconsiderintheseefforts? MINUTES—Eugene City Council May 4, 2016 Page 2 Boards and Commissions Interviews ATTACHMENTC MINUTES EugeneCityCouncil HarrisHall,125East8Avenue th Eugene,Oregon97401 July25,2016 5:30p.m. CouncilorsPresent: #« ¨±¤3¸±¤³³µ¨ ¯§®¤ WORK SESSION: City Hall Discussion A. MOTION AND VOTE : with friendly Councilor Evans, seconded by Councilor Pryor, moved to direct the City Manager to investigate options for value engineering and possible redesign of the current City Hall phase 1 in order to be ready to rebid the project in February or March 2017, and return to council not later than November 15, 2016. PASSED 5:3, Councilors Zelenka, Poling, and Clark opposed. Council discussion: The butterfly lot should be taken off the table at this time. City Hall is in the wrong location and it is the wrong plan. There is value in engaging in conversations with the County as long as a conclusion is reached by November. It is advisable to accept bids now; delaying the project now will add costs. The County’s proposal provides an opportunity to pause and work collaboratively. MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to direct the City Manager to work with the County and the Court to investigate the following possibilities: (1) a new city hall on the butterfly lot and a courthouse on the full city hall block; (2) phase 1 of a new city hall as currently planned and a wrap-around courthouse; (3) other options that may arise. Factors to consider include, but are not limited to, parking, phase 2, and Farmer’s Market. The joint work with the County and Court shall be completed by November 15, 2016. This motion is contingent on the County agreeing to (1) obtain a judicial declaration that removes any legal question about the deed restriction prohibiting city hall on the butterfly lot, and (2) an arrangement acceptable to the City Manager whereby the County assists the City PASSED 7-1, in funding the analysis needed to evaluate the above options in this motion. Councilor Zelenka opposed. B. WORK SESSION: Cell Towers in Residential Areas Planning Director Robin Hostick and City Attorney Anne Davies gave a summary on what the City has done on code revisions for cell towers, what they learned from other cities, and what proposed changes they are recommending. MINUTES – Eugene City Council July 25, 2016 Page 1 Work Session and Meeting Council discussion: More information about what setbacks the County requires was requested. Proposal looks very good; great balance without compromising residential livability. MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to direct staff to prepare amendments to the city code, including items D-F as described in PASSED 8:0. today’s AIS, in addition to the previously directed amendments. C. ACTION: Avago Technologies Enterprise Zone Investment Community Development Manager Denny Braud gave a brief background, update, and review of criteria on the proposed project. Council discussion: Proposal helps move both Council and cross-jurisdictional goals forward. Avago will still pay taxes on the land. Granting a two-year extension providing the company meets all requirements is reasonable given the size of the investment. This project is well-designed and has a public benefit. Three million dollars is significant for Eugene in terms of lost tax money. Avago is a good employer and a great addition to our community; however, the additional tax exemption isn’t needed because the company already got a great deal on the property. MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to PASSED 5:3, adopt Resolution No. 5166 for the two-year exemption extension. Councilors Brown, Taylor, and Syrett opposed. D. ACTION: Zone Change for 945/955 Coburg Road MOTION AND VOTE: Councilor Poling, seconded by Councilor Pryor, moved to direct the City Manager to initiate the rezoning of properties at 945 and 955 Coburg Rd. PASSED 8:0. to C-1. Council discussion: This has been an ongoing issue for many years; errors were made years ago. There is some concern about the City setting a precedent. It is not in the best interest of council to get involved in zone changes; however, this was an error on the part of City planning. Owner and neighbors worked together to resolve this issue and should be rewarded. E. WORK SESSION: Rest Stop Discussion Division Manager Mia Cariaga and Neighborhood Involvement Manager Michael Kinnison gave an update on rest proposals, potential sites, and relaxed ordinance criteria for Nightingale Health Sanctuary rest stop. MINUTES – Eugene City Council July 25, 2016 Page 2 Work Session and Meeting Council discussion: Proposed camp will have a very small footprint; camps already in existence have been good neighbors. This is a County issue; seems appropriate for them to help find places. Previous concepts were pilot programs that have worked; City should replicate them. Camp sites need to be dispersed around the city; relax criteria. In previous year, Harlow Neighbors were opposed to rest stops next to residential areas. Concerned about proximity to residential area, bar, and illegal camp of Ward 4 proposal. Most appealing thing about rest stops is they are authorized, everyone is vetted, and they are supervised. MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to authorize (1) the City Manager to locate a rest stop for the NHS at either the Lone Oak or Amazon Corridor properties with the final choice left to the City Manager after further investigation and PASSED 7:1, (2) up to two thousand dollars for the rest stop. Councilor Clark opposed. MINUTES – Eugene City Council July 25, 2016 Page 3 Work Session and Meeting MINUTES EugeneCityCouncil Avenue HarrisHall,125East8 th Eugene,Oregon97401 July25,2016 5:30p.m. CouncilorsPresent: #« ¨±¤3¸±¤³³µ¨ ¯§®¤ 1. PUBLIC FORUM 1. John Barofsky – Supported proposed CDBG projects and believed they are all worthy. 2. Diane Seals – Supported council helping New Zone Art Gallery find a new location. 3. Brittany Quick-Warner – Supported MUPTE application for Granite Properties. 4. Art Kennedy – Supported council helping New Zone Art Gallery find a new location. 5. Michael Gannon – Supported Nightingale being a part of rest stop process. 6. Sue Sierralupé – Gave an update on Occupy Medical and announced an upcoming clinic. 7. Tom Mulhern – Supported CDBG funding for recommended community projects. 8. Sally Korn Oft – Supported council helping New Zone Art Gallery find a new location. 9. Dianne Cunningham – Supported council helping New Zone Art Gallery find a new location. 10. Drix – Supported displaying an award for a former City Manager at the Hult Center. 11. Chris Cunningham – Expressed gratitude for council support of Nightingale. 12. Charleen Strow - Supported CDBG funding for recommended community projects. 13. Bodhi Richards - Supported CDBG funding for recommended community projects. 14. Tracy Joscelyn - Expressed gratitude for council support of Nightingale. 15. Robyn Hernandez - Supported CDBG funding for recommended community projects. 16. Heather Sielicki – Appreciated City efforts and continued work on homelessness. Council discussion: Need to connect what is already happening with opportunities to keep New Zone going. Good usage of Community Development Block Grant funds. New Zone is important to downtown and the community. 2. CONSENT CALENDAR MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to PASSED 8:0 approve the items on the Consent Calendar, except items B, F, and G. VOTE ON ITEM B: PASSED 8:0 VOTE ON ITEM F: PASSED 5:3, Councilors Brown, Taylor and Clark opposed. VOTE ON ITEM G: PASSED 8:0 MINUTES – Eugene City Council July 25, 2016 Page 4 Work Session and Meeting 3. ACTION: Appoint Members to West Eugene Enterprise Zone Public Benefit Criteria Review Task Force MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to appoint John Roberts, Jennifer McRaven and Councilors Poling and Pryor to the Public PASSED 8:0. Benefit Criteria Review Task Force. 4. ACTION: An Ordinance Concerning Imposition of a Three Percent Tax on the Retail Sales of recreational Marijuana; Adding Provisions to the Eugene Code, 1971; Providing For an Effective Date; and Referring the Code Amendments to the Electors of the City at the November 8, 2016 Election. MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to adopt Council Bill 5156, and Ordinance concerning imposition of a three percent tax on the retail sales of recreational marijuana to be used for general government purposes. PASSED 7:1, Councilor Brown opposed. Council discussion: This sets a terrible precedent for taxing one product. This should be a specific as possible on how revenues should be used. MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to direct the City Manager to schedule a follow-up work session in September, on uses of the PASSED 7:1 marijuana tax revenues, should that pass. , Councilor Brown opposed. MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to appoint Councilors Syrett, Evans, and Poling to the voters’ pamphlet proponent committee PASSED 7:1, for the Retail Cannabis Sales Tax. Councilor Brown opposed. MOTION AND VOTE: Councilor Evans, seconded by Councilor Zelenka, moved to direct the City Manager to include on a supplemental budget sufficient appropriation offset by General Fund contingency and the Reserve for Revenue Shortfall to produce a PASSED 8:0 voters’ pamphlet. 5. PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning Climate Recovery and Amending Sections 6.675 and 6.685 of the Eugene Code, 1971. 1. Howard Saxion – Sustainability Commission supports CRO amendments. 2. Mark Robinowitz – Said we need to focus more on traffic aspects to fight climate change. 3. Michael Gannon – Said the City needs to create information to understand impact of usage. 4. Coreal Riday-White – Supported climate recovery ordinance amendments with a few changes. 5. Brittany Quick-Warner – Supported CRO with community process to reach goals. 6. Debra McGee – Supported climate recovery ordinance amendments with a few small changes. 7. Alex Loznak – Supported climate recovery ordinance amendments with a few small changes. 8. Laurie Powell – Supported climate recovery ordinance amendments with a few small changes. 9. Babe O’Sullivan – Supported climate recovery ordinance amendments with a few small changes. 10. Joshua Skov – Supported climate recovery ordinance amendments with a few changes. 11. Claire Petitt – Supported climate recovery ordinance amendments with a few changes. 12. Elizabeth Brown – Supported climate recovery ordinance amendments with a few changes. MINUTES – Eugene City Council July 25, 2016 Page 5 Work Session and Meeting Council discussion: Council needs to clarify language in the ordinance and add missing benchmarks. MINUTES – Eugene City Council July 25, 2016 Page 6 Work Session and Meeting ATTACHMENTD MINUTES EugeneCityCouncil HarrisHall,125East8Avenue th Eugene,Oregon97401 July27,2016 12:00p.m. CouncilorsPresent: CouncilorsAbsent: The Mayor adjourned the meeting of the Eugene City Council and convened a meeting of the Eugene Urban Renewal Agency. URBAN RENEWAL AGENCY: Eugene Water & Electric Board Riverfront Update A. City Attorney Glenn Klein gave an update on the EWEB Riverfront negotiations and agreement. MOTION AND VOTE : Councilor Zelenka, seconded by Councilor Taylor, moved to amend the agency director authority to enter into agreement with EWEB about the Riverfront property by: (a) authorizing the purchase of property, but if only if EWEB holds the agency and city harmless for any legal claim based on environmental contamination existing as of the date title transfers to the agency, and (b) the possible elimination of the environmental mitigation fund and the remnant parcel provision PASSED 6:1 provided there is sufficient reduction in price. , Councilor Brown opposed. The Mayor adjourned the meeting of the Eugene Urban Renewal Agency and reconvened the meeting of the Eugene City Council. BWORK SESSION: Granite Properties – Application for Multiple-Unit Property Tax . Exemption for Commercial/Residential Property Located at 844 Olive MINUTES – Eugene City Council July 27, 2016 Page 1 Work Session MOTION: MOTIONTOPOSTPONEANDVOTE: FAILED3:4, VOTEONMAINMOTION:PASSED4:3 C.ACTION:AnOrdinanceConcerningClimateChange MOTIONANDVOTE: PASSED7:0. D.COUNCILMOTION MOTIONANDVOTE: PASSED7:0. MINUTES – Eugene City Council July 27, 2016 Page 2 Work Session ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY www.eugeneor.gov ISSUESTATEMENT BACKGROUND RELATEDCITYPOLICIES COUNCILOPTIONS CITY-!.!'%2Ȍ3RECOMMENDATION SUGGESTEDMOTION J:\\CMO\\2016 Council Agendas\\M160912\\S1609123B.doc ATTACHMENTS FORMOREINFORMATION J:\\CMO\\2016 Council Agendas\\M160912\\S1609123B.doc ECC UGENEITYOUNCIL TWA ENTATIVE ORKINGGENDA September 8, 2016 SEPTEMBER 12 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. WS: Process Session 90 mins - CS 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Ceremonial Matters (APWA Reaccreditation) 2. Public Forum 3. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest c. Approval of McBirney Family Trust Annexation (A 16-5) PDD/Berg-Johansen d. Approval of Doug Cowan Annexation (A 16-6) PDD/Berg-Johansen e. Approval of Overseas Travel Request CMO/Cariaga 4. PH: Ordinance on Rental Housing Code Extension of Sunset PDD/Nicholas SEPTEMBER 14 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: Police Auditor & CRB Annual Reports 45 mins – PA/Gissiner B. WS: Use of Marijuana Tax Funds and Retail Cannabis Regulations 45 mins - CAO SEPTEMBER 19 MONDAY 6:00 p.m. Council Open Public Forum SEHS Cafeteria Expected Absences: 1. Public Forum: South Willamette Planning SEPTEMBER 20 TUESDAY ** WORK SESSION ADDED ** Noon Joint Work Session w/Lane County Harris Hall Expected Absences: A. JEO WS: Downtown Planning and Development SEPTEMBER 21 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: Police Auditor Annual Performance Evaluation 45 mins – CS/Beraldo B. WS: City Hall Project Update 45 mins – CS/Penwell SEPTEMBER 26 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Public Forum Follow-Up 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Public Forum 2. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest 3. Action: Ordinance on Rental Housing Code Extension of Sunset PDD/Nicholas 4. Action: Res. Authorizing Eminent Domain for Property Interests for Commerce Street Bike/Ped Bridge PW/Royer A=action; PH=public hearing; WS=work session J:\\CMO\\CC\\CCAGENDA.docx ECC UGENEITYOUNCIL TWA ENTATIVE ORKINGGENDA September 8, 2016 SEPTEMBER 28 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: Zone of Benefit/Reimbursement District for Privately Funded Public Improvements 45 mins – PW/Schoening B. WS: Renter Protection 45 mins – PDD/Jennings OCTOBER 10 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Committee Reports and Items of Interest: HRC, SC, HSC, LCOG, MPC, PSCC 30 mins B. WS: Contracting Equity Program Update 45 mins – CS/Silvers 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Ceremonial Matters (Oregon Urban and Community Forestry Award; Judge Mary Mori) 2. Public Forum 3. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest OCTOBER 12 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: Envision Eugene 90 mins – PDD/Harding OCTOBER 17 MONDAY 7:30 p.m. Council Public Hearing Harris Hall Expected Absences: 1. PH: OCTOBER 19 WEDNESDAY Noon Joint Work Session w/Lane County Harris Hall Expected Absences: A. JEO WS: Downtown Planning and Development OCTOBER 24 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Committee Reports and Items of Interest from Mayor, City Council and City Manager 30 mins B. WS: Parks and Recreation System Plan 45 mins – PW/Burke 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Public Forum 2. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest c. Approval of Stadter Annexation, 4075 Gilham Rd (A 16-7) PDD/Berg-Johansen 3. PH: Ordinance Concerning Annual Maintenance of Land Use Code PDD/Hansen A=action; PH=public hearing; WS=work session J:\\CMO\\CC\\CCAGENDA.docx ECC UGENEITYOUNCIL TWA ENTATIVE ORKINGGENDA September 8, 2016 OCTOBER 26 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: Human Rights Commission Annual Report and Work Plan 45 mins – CS/Kinnison B. WS: Sustainability Commission Annual Report and Work Plan 45 mins – CS/Nelson NOVEMBER 9 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: 45 mins – B. WS: 45 mins – NOVEMBER 14 MONDAY 5:30 p.m. Joint Work Session w/Lane County Harris Hall Expected Absences: A. JEO WS: Downtown Planning and Development 90 mins - CS 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Pledge of Allegiance to the Flag 2. Public Forum 3. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest 4. Action: Ordinance Concerning Annual Maintenance of Land Use Code PDD/Hansen NOVEMBER 16 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: Evans, Taylor A. WS: Parks and Recreation System Plan 45 mins – PW/Burke B. WS: 45 mins – NOVEMBER 21 MONDAY 7:30 p.m. Council Public Hearing Harris Hall Expected Absences: 1. PH: Enterprise Zone Revised Public Benefit Criteria PDD/Nobel NOVEMBER 23 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: NOVEMBER 28 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Committee Reports and Items of Interest from Mayor, City Council and City Manager 30 mins B. WS: 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Public Forum 2. Consent Calendar A=action; PH=public hearing; WS=work session J:\\CMO\\CC\\CCAGENDA.docx ECC UGENEITYOUNCIL TWA ENTATIVE ORKINGGENDA September 8, 2016 a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest NOVEMBER 30 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: Fireworks Ban 45 mins – Fire B. WS: DECEMBER 12 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Committee Reports: PC, South Willamette EDC, LTD/EmX, OMPOC, McKenzie Watershed B. WS: 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Public Forum 2. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest c. Adoption of Resolution Acknowledging Receipt of CAFR CS/Lauderbach 3. URA Action: Resolution Acknowledging Receipt of Annual Financial Report CS/Lauderbach 4. URA PH and Action: Supplemental Budget CS/Miller 5. PH and Action: Supplemental Budget CS/Miller DECEMBER 14 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: COUNCIL BREAK: DECEMBER 15, 2016 – JANUARY 4, 2017 JANUARY 4 WEDNESDAY 5:30 p.m. State of the City Hult Center Lobby Expected Absences: A. State of the City JANUARY 11 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. Election of 2017 Council Officers B. WS: C. WS: JANUARY 17 TUESDAY 7:30 p.m. Council Public Hearing Harris Hall Expected Absences: 1. PH: A=action; PH=public hearing; WS=work session J:\\CMO\\CC\\CCAGENDA.docx ECC UGENEITYOUNCIL TWA ENTATIVE ORKINGGENDA September 8, 2016 JANUARY 18 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: JANUARY 23 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Committee Reports and Items of Interest: HRC, SC, HSC, LCOG, MPC, PSCC 30 mins B. WS: 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Public Forum 2. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest JANUARY 25 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: FEBRUARY 8 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: 45 mins – B. WS: 45 mins – FEBRUARY 13 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Committee Reports and Items of Interest B. WS: 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Public Forum 2. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest FEBRUARY 15 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: FEBRUARY 21 TUESDAY 7:30 p.m. Council Public Hearing Harris Hall Expected Absences: 1. PH: A=action; PH=public hearing; WS=work session J:\\CMO\\CC\\CCAGENDA.docx ECC UGENEITYOUNCIL TWA ENTATIVE ORKINGGENDA September 8, 2016 FEBRUARY 22 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: FEBRUARY 27 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Committee Reports and Items of Interest from Mayor, City Council and City Manager 30 mins B. WS: 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Public Forum 2. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest MARCH 8 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: MARCH 13 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Committee Reports: PC, South Willamette EDC, LTD/EmX, OMPOC, McKenzie Watershed B. WS: 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Public Forum 2. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest MARCH 15 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: COUNCIL BREAK: MARCH 16, 2017 – APRIL 10, 2017 A=action; PH=public hearing; WS=work session J:\\CMO\\CC\\CCAGENDA.docx ECC UGENEITYOUNCIL TWA ENTATIVEORKING GENDA September 8, 2016 ON THE RADAR Work Session Polls/Council Requests Status 1. Inclusionary Zoning (Taylor) ............................................................................................................................. TBD 2. Commercial Setback Code Requirement (Zelenka) ......................................................................................... TBD 3. Expansion of OVE Pilot Program (Zelenka) ..................................................................................................... TBD T=tentative; A=action; PH=public hearing; WS=work session ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY www.eugeneor.gov 541-682-5437 ISSUESTATEMENT BACKGROUND J:\\CMO\\2016 Council Agendas\\M160912\\S1609123C.doc RELATEDCITYPOLICIES COUNCILOPTIONS CITY-!.!'%2Ȍ3RECOMMENDATION SUGGESTEDMOTION ATTACHMENTS FORMOREINFORMATION J:\\CMO\\2016 Council Agendas\\M160912\\S1609123C.doc McBirney Family Trust (A 16-5) W 3 8 T H A V E EUGENE D Subject E E R T R A I L R D Property W 40TH AVE Subject Property S K Y P A R K C T Ft 02505001000 Legend Caution: This map is based on imprecise source data, subject to change, and for general reference only. Subject PropertyCity LimitsTaxlots September 2016 Exhibit C Planning Director's Findings and Recommendation Annexation Request for McBirney Family Trust (City File A 16-5) Application Submitted: June 9, 2016 Applicant: Carmen McBirney, McBirney Family Trust Property Included in Annexation Request: Tax Lot 601 18-03-18-22 Zoning: R-1 Low-Density Residential with /WR Water Resources Conservation and /UL Urbanizable Lands Overlays Location: South side of West 40 th Avenue, west of Brae Burn Drive Surveyor: Lloyd Tolbert Lead City Staff: Erik Berg-Johansen, City of Eugene Planning Division, 541/682-5437 EVALULATION: Based on the information provided by the applicant, the City has determined that this request complies with Eugene Code (EC) Section 9.7805 Annexation - Applicability. As such, it is subject to review and approval in accordance with the requirements, application criteria and procedures of EC 9.7800 through 9.7835. The applicable approval criteria are presented below in bold typeface with findings and conclusions following each. EC 9.7825(1) (a) Contiguous to the city limits; or (b) Separated from the city only by a public right of way or a stream, bay, lake or other body of water. Complies Findings: The annexation area is within the City's urban growth boundary (UGB), and is contiguous to the city limits, consistent with subsection (a). YES NO EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. Complies Findings: Several policies from the Metro Plan provide support for this annexation by encouraging compact urban growth to achieve efficient use of land and urban service provisions YES NO within the UGB, including the following policies from the Growth Management section (in italic text): Policy 8. Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: a.A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. b.There will be a logical area and time within which to deliver urban services and facilities. Conversion of urbanizable land to urban shall also be consistent with the Metro Plan. (page II-C-4) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page II-C-5). Policy 15. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. While the time frame for annexation may vary, annexation should occur as land transitions from urbanizable to urban. (page II-C-5) As addressed below under subsection (3), and consistent with these policies, a minimum level of McBirney Family Trust (A 16-5) September 2016 Page 1 key urban facilities and services can be provided to the area in an orderly and efficient manner. The South Hills Studyis the applicable refinement plan for the area. The following policies from that plan are applicable to this request (in italic text): Insure that annexation serves a public purpose as well as a private purpose That future annexation requests within the potential urban service area be evaluated upon the following bases: a.The ability of the community to provide public services for the potential development in an economic and efficient manner; and b.The previous maintenance of the property as a desirable residential environment (Note: if the City adopts an ordinance governing vegetation removal as a result of the present City Council subcommittee research, the standards set forth in that ordinance could provide the basis for evaluation previous maintenance of the property). As previously discussed in this subsection, and further detailed under subsection (3) below, the proposed annexation is consistent with Metro Plan growth management policies and can be served by the minimum level of key urban services, consistent with the refinement plan policies above. s UGB. This serves a public purpose because wastewater systems will be brought closer to other undeveloped properties. A private purpose is served because annexation allows the property owner to develop the land. Finally, the annexation procedures beginning at EC 9.7800 are consistent with State law and therefore, as found throughout this report, the annexation is consistent with State law. Based on the findings above, the proposal is consistent with the applicable policies of the Metro Plan and the applicable refinement plan. EC 9.7825(3) The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner. Complies Findings: Consistent with this criterion, the proposed annexation will result in a boundary in which the minimum level of key urban facilities and services can be provided in an orderly, YES NO efficient, and timely manner as detailed below: Wastewater Currently, there are no existing public wastewater lines available to serve this property. The applicant has submitted documentation establishing feasibility of orderly extension of the public wastewater system to serve the subject property per a Technical Memorandum prepared by Dennis Boeger, P.E. of Boeger & Associates, LLC, dated July 18, 2016. Although the precise location of the line has not yet been determined, the general alignment takes into consideration natural resources, setbacks, and slopes. Additionally, the applicant obtained and submitted consent from adjacent affected property owners per public utility easement documents which have been secured (recording no. 2016-042502 and 2016-042503) - in anticipation of future construction of said wastewater pipes. As an informational item, there are no capital improvements planned to install public wastewater in this area at this time, and therefore, the proposed extension of public wastewater to serve the subject property would be reviewed McBirney Family Trust (A 16-5) September 2016 Page 2 through the privately engineered public improvement (PEPI) process, and financial surety would be the responsibility of the private developer. Stormwater Public stormwater systems are not available to serve this property. Development proposals must demonstrate consistency with flood control standards; retention may be a feasible option for this site if soil tests demonstrates adequate infiltration rates exist on-site and applicable stormwater management design standards are adhered to. Compliance with applicable stormwater development standards will be ensured at the time of development. Transportation The property abuts West 40th Avenue, an unimproved local street. Compliance with applicable street standards, such as street connectivity, street widths, and street improvements will be evaluated at the time of development. Solid Waste Collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric Eugene Water and Electric Board (EWEB) Water staff confirm that water and electric services are available to the property. Public Safety Police protection can be extended to this site upon annexation consistent with service provision through the City. Fire protection will be provided by Eugene Springfield Fire. Emergency medical services are currently provided on a regional basis by the cities of Eugene and Springfield to central Lane County and will continue in the same manner upon annexation. Parks and Recreation A minimum level of park service can be provided to the proposal area as prescribed in the Metro Plan. Planning and Development Services Planning and building permit services are provided for all properties located within the urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide the required land use controls for future development of the subject property upon annexation. Communications A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area. Public Schools The subject property is within Eugene School District 4J and is within the district boundary of Edgewood Elementary School, Spencer Butte Middle School, and South Eugene High School. CONCLUSION: Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825, the proposed annexation is consistent with the applicable approval criteria. A map and legal description showing the area subject to annexation are included in the application file for reference. The effective date is set in accordance with state law. McBirney Family Trust (A 16-5) September 2016 Page 3 INFORMATION: Upon approval of the annexation, the base zoning of R-1 Low-Density Residential and the /WR Water Resources Conservation overlay will remain; however, the /UL Urbanizable Lands overlay will be automatically removed from the annexation area. Please contact the Permit Information Center, Planner-on-Duty at 682-5377 for more information. Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory requirements. McBirney Family Trust (A 16-5) September 2016 Page 4 ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY www.eugeneor.gov 541-682-5437 ISSUESTATEMENT BACKGROUND J:\\CMO\\2016 Council Agendas\\M160912\\S1609123D.doc RELATEDCITYPOLICIES COUNCILOPTIONS CITY-!.!'%2Ȍ3RECOMMENDATION SUGGESTEDMOTION ATTACHMENTS FORMOREINFORMATION J:\\CMO\\2016 Council Agendas\\M160912\\S1609123D.doc Cowan, Doug (A 16-6) Subject Property EUGENE Subject Property M A Y N A R D A V E HAT TON AVE H A R V E Y A V E Ft 0125250500 Caution: Legend This map is based on imprecise source data, subject to change, and for general reference only. Subject PropertyCity LimitsTaxlots September 2016 Exhibit C Planning Director's Findings and Recommendation Annexation Request for the Doug Cowan Property (City File A 16-6) Application Submitted: June 29, 2016 Applicant: Doug Cowan, DSC Investment Trust Property Included in Annexation Request: Tax Lot 100 17-04-14-44 Zoning: R-1 Low-Density Residential with /UL Urbanizable Lands Overlay Location: 160 Howard Avenue; west of River Road, on south side of Howard Avenue Surveyor: Dave Collier, Pacific Surveying Lead City Staff: Erik Berg-Johansen, City of Eugene Planning Division, 541/682-5437 EVALULATION: Based on the information provided by the applicant, the City has determined that this request complies with Eugene Code (EC) Section 9.7805 Annexation - Applicability. As such, it is subject to review and approval in accordance with the requirements, application criteria and procedures of EC 9.7800 through 9.7835. The applicable approval criteria are presented below in bold typeface with findings and conclusions following each. EC 9.7825(1) (a) Contiguous to the city limits; or (b) Separated from the city only by a public right of way or a stream, bay, lake or other body of water. Complies Findings: The annexation area is within the City's urban growth boundary (UGB), and as proposed, will be separated from the city only by a public right of way, consistent with YES NO subsection (b). EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. Complies Findings: Several policies from the Metro Plan provide support for this annexation by encouraging compact urban growth to achieve efficient use of land and urban service provisions YES NO within the UGB, including the following policies from the Growth Management section (in italic text): Policy 8. Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: a.A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. b.There will be a logical area and time within which to deliver urban services and facilities. Conversion of urbanizable land to urban shall also be consistent with the Metro Plan. (page II-C-4) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page II-C-5). Policy 15. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. While the time frame for annexation may vary, annexation should occur as land transitions from urbanizable to urban. (page II-C-5) Cowan, Doug (A 16-6) September 2016 Page 1 The Metro Plan designates the annexation area as appropriate for commercial use. The River Road - Santa Clara Urban Facilities Plan (RR/SC UFP) is the adopted refinement plan for the subject properties and also designates the area for commercial uses. The property is currently zoned R-1/UL Low-Density Residential with a Urbanizable Land Overlay. The /UL overlay will be automatically removed from the zoning following annexation approval. With regard to applicable policies of the RR/SC UFP, the subject property is not within a defined subarea. the RR/SC UFP are directed at local government; however, the premise of these policies (regarding the provision of urban services) is the assumption that the properties within the UGB will be annexed. As previously discussed in this subsection, and further detailed under subsection (3) below, the proposed annexation is consistent with Metro Plan growth management policies and can be served by the minimum level of key urban services. The annexation procedures beginning at EC 9.7800 are consistent with State law and therefore, as found throughout this report, the annexation is consistent with State law. Therefore, based on the findings above, the proposal is consistent with the applicable policies of the Metro Plan and applicable refinement plan. EC 9.7825(3) The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner. Complies Findings: Consistent with this criterion, the proposed annexation will result in a boundary in which the minimum level of key urban facilities and services can be provided in an orderly, YES NO efficient, and timely manner as detailed below: Wastewater Public wastewater is available within Howard Avenue, via an 8-inch PVC pipe. The existing residence is connected to the public system by a 4-inch service line per connection record no. 34910. The lien docket indicates that wastewater related assessments have been paid. Stormwater Public stormwater systems are not available to serve this property. The soil classification is Type B, which typically indicates that good infiltration rates can be expected. Development proposals must demonstrate consistency with flood control standards; on-site retention is a feasible option for this site. Compliance with applicable stormwater development standards will be ensured at the time of development. Transportation The property abuts Howard Avenue, a Lane County Road. Compliance with applicable street standards will be ensured at the time of development. Solid Waste Collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric Eugene Water and Electric Board (EWEB) Water staff confirm that water and electric services are available to the property. Cowan, Doug (A 16-6) September 2016 Page 2 Public Safety Police protection can be extended to this site upon annexation consistent withservice provision through the City. Fire protection will be provided by Eugene Springfiled Fire. Emergency medical services are currently provided on a regional basis by the cities of Eugene and Springfield to central Lane County and will continue in the same manner upon annexation. Parks and Recreation A minimum level of park service can be provided to the proposal area as prescribed in the Metro Plan. Planning and Development Services Planning and building permit services are provided for all properties located within the urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide the required land use controls for future development of the subject property upon annexation. Communications A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area. Public Schools The subject property is within Eugene School District 4J and is within the district boundary of Howard Elementary School, Kelly Middle School, and North Eugene High School. CONCLUSION: Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825, the proposed annexation is consistent with the applicable approval criteria. A map and legal description showing the area subject to annexation are included in the application file for reference. The effective date is set in accordance with state law. INFORMATION: Upon approval of the annexation, the base zoning of R-1 Low-Density Residential will remain; however, the /UL Urbanizable Lands overlay will be automatically removed from the annexation area. Please contact the Permit Information Center, Planner-on-Duty at 682-5377 for more information. Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory requirements. Cowan, Doug (A 16-6) September 2016 Page 3 ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY www.eugeneor.gov ISSUESTATEMENT BACKGROUND RELATEDCITYPOLICIES J:\\CMO\\2016 Council Agendas\\M160912\\S1609123E.doc COUNCILOPTIONS CITY-!.!'%2Ȍ3RECOMMENDATION SUGGESTEDMOTION ATTACHMENTS FORMOREINFORMATION J:\\CMO\\2016 Council Agendas\\M160912\\S1609123E.doc ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY www.eugeneor.gov ISSUESTATEMENT BACKGROUND RELATEDCITYPOLICIES CityCouncilGoals J:\\CMO\\2016 Council Agendas\\M160912\\S1609124.doc EnvisionEugenePillars CITY-!.!'%2Ȍ3RECOMMENDATION SUGGESTEDMOTION ATTACHMENTS FORMOREINFORMATION J:\\CMO\\2016 Council Agendas\\M160912\\S1609124.doc