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HomeMy WebLinkAboutCC Agenda 05-22-17AMENDED EUGENE CITY COUNCIL AGENDA May 22, 2017 5:30 p.m. CITY COUNCIL WORK SESSION Harris Hall 125 East 8th Avenue Eugene, Oregon 97401 7:30 p.m. CITY COUNCIL MEETING Harris Hall 125 East 8th Avenue Eugene, Oregon 97401 Meeting of May 22, 2017; Her Honor Mayor Lucy Vinis Presiding Councilors Alan Zelenka, President Mike Clark, Vice President Emily Semple Greg Evans Claire Syrett Chris Pryor Betty Taylor Please note this agenda has been amended to reflect a change in the 5:30 pm Work Session topic. 5:30 p.m. CITY COUNCIL WORK SESSION Harris Hall, 125 East 8th Avenue Mayor: I call the May 22, 2017, City Council work session to order. A. Executive Session Pursuant to ORS 192.660 (2)(e) Mayor: The Eugene City Council will now meet in Executive Session held pursuant to ORS 192.660(2)(e) to discuss the negotiation of real property transactions. Representatives of the news media and designated staff shall be allowed to attend the executive session. All other members of the audience are asked to leave the room. Representatives of the news media are specifically directed not to report on any of the deliberations during the executive session, except to state the general subject of the session as previously announced. No decision may be made in executive session. At the end of the executive session, we will return to open session and welcome the audience back into the room. B. WORK SESSION: City Council Process Session _________________________________________________________________________________________________________ 7:30 p.m. CITY COUNCIL MEETING Harris Hall, 125 East 8th Avenue Mayor: I call the May 22, 2017, City Council meeting to order. 1.PLEDGE OF ALLEGIANCE TO THE FLAG Mayor: We recite the Pledge of Allegiance to the Flag this evening in honor of Memorial Day on May 29. I invite you all to stand and join us: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. 2.PUBLIC FORUM Mayor: The Public Forum is an opportunity for individuals to speak to the City Council on any city-related issues except for those items which have already been heard by a Hearings Official or are on tonight’s agenda as a public hearing. Each person will have three minutes to speak. When you come to the podium, please give your name, city of residence, and, for Eugene residents, your ward if known. The timer and lights indicate the time you have to speak. The red light indicates the end of three minutes. Mayor closes Public Forum and asks for comments from the City Council. 3.CONSENT CALENDAR(Note: Time permitting, action on the Consent Calendar may be taken atthe 5:30 p.m. work session.) A. Approval of Tentative Working Agenda B. Approval of a Resolution Annexing Land to the City of Eugene (Property Identified as Assessor’s Map 17-04-11-42, Tax Lot 400) (Kreindel, Joel; A 17-2) C. Approval of a Resolution Annexing Land to the City of Eugene (Property Identified as Assessor’s Map 17-04-14-23, Tax Lot 3900) (Lohman, Scott; A 17-4) D. Approval of a Resolution Annexing Right-of-Way to the City of Eugene Identified as River Road between Merry Lane/Arbor Drive and between Maynard Avenue/Rosewood Avenue (River Road Annexation; A 17-6) E. Approval of a Resolution Annexing Land to the City of Eugene Identified as Assessor’s Map 17-04-25-13, Tax Lots 2200 and 2300 (Downtown Mini Storage Partnership; A 17-5) City Council President: I move to approve the items on the Consent Calendar. Call for vote. 4.ACTION: An Ordinance Amending the Eugene-Springfield Metropolitan Area General Plan Policy H.2 to Clarify Eugene May Adopt Aspirational Park Plans City Council President: I move to adopt Council Bill 5175, an ordinance to amend Metro Plan Policy H-2, as written in Attachment A. Call for vote. 5.ACTION:An Ordinance Concerning Utility Service to Support EconomicDevelopment in the Industrial Corridor Community Organization and Amending Section 9.8117 of the Eugene Code, 1971 City Council President: I move to adopt Council Bill 5174, an ordinance concerning utility service to support economic development in the industrial corridor. Call for vote. 6. ACTION: A Resolution Granting a Measure 49 Claim and Waiving a Provision of Chapter 9 of the Eugene Code, 1971 for Property Located at 1777 E. 30th Avenue, Eugene, Oregon (Assessor’s Map 18-03-08-11, Tax Lot 602) City Council President: I move to close the record for the Wilson Measure 49 claim at 5:00 p.m. on June 5, 2017. I further move to close the claimants’ rebuttal period at 5:00 p.m. on June 12, 2017. Call for vote. 7. Committee Reports and Items of Interest from Mayor, City Council, and City Manager Adjourn. _________________________________________________________________________________________________________ The Eugene City Council welcomes your interest in these agenda items. This meeting location is wheelchair-accessible. For the hearing impaired, an interpreter can be provided with 48 hours' notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours' notice. To arrange for these services, contact the receptionist at 541-682-5010. City Council meetings are telecast live on Metro Television, Comcast channel 21, and rebroadcast later in the week. El consejo de la Ciudad de Eugene agradece su interés en estos asuntos de la agenda. El lugar de la reunión tiene acceso para sillas de ruedas. Se puede proveer a un intérprete para las personas con discapacidad auditiva si avisa con 48 horas de anticipación. También se puede proveer interpretación para español si avisa con 48 horas de anticipación. Para reservar estos servicios llame al 541-682-5010. Las reuniones del consejo de la ciudad se transmiten en vivo por Metro Television, Canal 21 de Comcast y son retransmitidas durante la semana. For more information, contact the Council Coordinator at 541-682-5010, or visit us online at www.eugene-or.gov. EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Work Session: City Council Process Session Meeting Date: May 22, 2017 Agenda Item Number: B Department: Central Services Staff Contact: Mia Cariaga www.eugene-or.gov Contact Telephone Number: 541-682-5010 AGENDA ITEM SUMMARY This work session is part of an ongoing opportunity for the City Council to discuss how it conducts its business. The Council meets periodically to talk about its processes and operating agreements. This discussion will be on the topic of motions. BACKGROUND The Municipal Charter of the City of Eugene, Eugene City Code and Oregon Revised Statues govern many meeting requirements and actions of the Mayor and City 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. In addition, the Council has adopted Operating Agreements as outlined in Attachment A. They were last updated by Council in October 2011. This work session is an opportunity for Council to review the process associated with motions as outlined in the agreements on page 7. RELATED CITY POLICIES No related City policies are relevant to this discussion. COUNCIL OPTIONS The council may provide input and direction for staff follow up on the issues discussed. No formal action is anticipated. CITY MANAGER’S RECOMMENDATION No recommendations are offered by the City Manager. SUGGESTED MOTION No motions are offered by the City Manager. ATTACHMENTS A. Council Operating Agreements FOR MORE INFORMATION Staff Contact: Mia Cariaga Telephone: 541-682-5010 Staff E-Mail: mia.cariaga@ci.eugene.or.us Eugene City Council Operating Agreements – October 2011 Page 1 of 19 EUGENE CITY COUNCIL OPERATING AGREEMENTS RESOLUTION NUMBER 5043 ADOPTED OCTOBER 10, 2011 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). ATTACHMENT A Eugene City Council Operating Agreements – October 2011 Page 2 of 19 1.05 Public 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 five minutes 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 generally be 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 3 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 City Council 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. 1.10 Presiding Officer The Mayor shall preside over City Council 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 4 of 19 1.11 Council 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. 2. PLACING ITEMS ON COUNCIL AGENDA 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. 3. ORDER OF ITEMS ON A SPECIFIC DATE MEETING AGENDA 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 5 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 City Council 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, City Council 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 6 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 City Council 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. 6.02 Standing 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 seven standing advisory bodies to the City Council. These are created in the Eugene Code and exist to provide advice on policy matters. They are: 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 City Council 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 but first 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 7 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 made to 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 City Council 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. 8. COUNCILOR REQUEST FOR STAFF ASSISTANCE 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 City Council 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 8 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 Mayor avoid 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 City Council 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 City Council 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 9 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 the City 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 City Council 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 10 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 entire City Council. 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 11 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 12 of 19 CITY COUNCIL COMMITTEE ON INTERGOVERNMENTAL RELATIONS OPERATING AGREEMENTS ADOPTED BY THE CITY COUNCIL ON JANUARY 28, 2008 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 13 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 14 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 are identified 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 15 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 16 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 17 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 18 of 19 Attachment A Eugene City Council Operating Agreements – October 2011 Page 19 of 19 X:\CMO\2017 Council Agendas\M170522\S1705222.docx EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Forum Meeting Date: May 22, 2017 Agenda Item Number: 2 Department: Central Services Staff Contact: Beth Forrest www.eugene-or.gov Contact Telephone Number: 541-682-5882 ISSUE STATEMENT This segment allows citizens the opportunity to express opinions and provide information to the council. Testimony presented during the Public Forum should be on City-related issues and should not address items which have already been heard by a Hearings Official, or are on the present agenda as a public hearing item. SUGGESTED MOTION No action is required; this is an informational item only. FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882 Staff E-Mail: beth.l.forrest@ci.eugene.or.us EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of Tentative Working Agenda Meeting Date: May 22, 2017 Agenda Item Number: 3A Department: City Manager’s Office Staff Contact: Beth Forrest www.eugene-or.gov Contact Telephone Number: 541-682-5882 ISSUE STATEMENT This is a routine item to approve City Council Tentative Working Agenda. BACKGROUND On July 31, 2000, the City Council held a process session and discussed the Operating Agreements. Section 2, notes in part that, “The City Manager shall recommend monthly to the council which items should be placed on the council agenda. This recommendation shall be placed on the consent calendar at the regular City Council meetings (regular meetings are those meetings held on the second and fourth Monday of each month in the Council Chamber). If the recommendation contained in the consent calendar is approved, the items shall be brought before the council on a future agenda. If there are concerns about an item, the item may be pulled from the consent calendar at the request of any councilor or the Mayor. A vote shall occur to determine if the item should be included as future council business.” Scheduling of this item is in accordance with the Council Operating Agreements. RELATED CITY POLICIES There are no policy issues related to this item. COUNCIL OPTIONS The council may choose to approve, amend or not approve the tentative agenda. CITY MANAGER’S RECOMMENDATION Staff has no recommendation on this item. SUGGESTED MOTION Move to approve the items on the Tentative Working Agenda. ATTACHMENTS A. Tentative Working Agenda FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882 Staff E-Mail: beth.l.forrest@ci.eugene.or.us EUGENE CITY COUNCIL TENTATIVE WORKING AGENDA May 18, 2017 A=action; PH=public hearing; WS=work session F:\CMO\CC\CCAGENDA.docx May 22 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Executive Session pursuant to ORS 192.660(2)(e) 45 mins B. WS: City Council Process Session 45 mins – CS/Cariaga 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1.Pledge of Allegiance to the Flag (Memorial Day) 2.Public Forum3. Consent Calendar a. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest c. Resolution Annexing Land at 2908 River Rd. (Kreindel,Joel;A 17-2)PDD/Gioello d. Resolution Annexing Land at NW corner Boyce St. & Berwin Ln. (Lohman;A 17-4)PDD/Gioello e. Resolution Annexing Two Portions of River Rd. Right-of-Way (A 17-6)PDD/Berg-Johansen f. Resolution Annexing Land South of Thomason Ln. (DT Mini Storage Partnership; A 17-5)PDD/Sullivan 4.Action: Ordinance Concerning Metropolitan Area General Plan Amendment for Park Plans POS/Burke 5.Action: Ordinance Concerning Economic Development in the Industrial Corridor (CA 17-2)PDD/Flock 6.Action: Open Record for Wilson Measure 49 Claim CAO 7. Committee Reports and Items of Interest from Mayor, City Council and City Manager MAY 24 WEDNESDAY ** NOTE: BUDGET COMMITTEE MEETING ADDED ** Noon Council Work Session Harris Hall Expected Absences: A. WS: Eugene 2035 Transportation System Plan 90 mins – PW/Inerfeld 5:30 p.m. Budget Committee Meeting B/T Room Expected Absences: A. Budget Committee Meeting CS/Miller B. Public Hearing CS/Miller MAY 31 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: Pryor A. WS: Overview of Chronic Nuisance Code 45 mins – PDD/Nicholas B. WS: New Housing Development on Unimproved Roads 45 mins – PW/Schoening JUNE 12 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. WS: Envision Eugene 90 min – PDD/Hostick 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1.Pledge of Allegiance to the Flag (Flag Day)2.Public Forum 3. Consent Calendara. Approval of City Council Minutes CS/Forrest b. Approval of Tentative Working Agenda CS/Forrest 4.Action: Eugene 2035 Transportation System Plan PW/Inerfeld 5. Committee Reports: PC, South Willamette EDC, LTD/EmX, OMPOC, McKenzie Watershed ATTACHMENT A EUGENE CITY COUNCIL TENTATIVE WORKING AGENDA May 18, 2017 A=action; PH=public hearing; WS=work session F:\CMO\CC\CCAGENDA.docx JUNE 14 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: Interviews for Vacant Council Position in Ward 4 CMO/Forrest B. WS: JUNE 19 MONDAY 7:30 p.m. Council Public Hearing Harris Hall Expected Absences: Taylor, Evans A. PH: Ordinance Concerning RR-SC Urban Facilities Plan Amendment PDD/Berg-Johansen JUNE 21 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: Taylor, Evans A. WS: Measure 49 Claim Processing 45 mins - CAO B. WS: JUNE 26 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 c. Approval of EWEB Electric System Revenue Bonds CS/Cutsogeorge 3. PH and Action: FY17 Supplemental Budget #2 CS/Miller 4. PH and Action: FY18 Proposed Budget CS/Miller 5. PH and Action: URA FY18 Proposed Budget CS/Miller 6. Action: Wilson Measure 49 Claim CAO 7. Action: E-Commerce Zone Resolution PDD/Nobel 8. Action: Appointment to Vacant Ward 4 Council Position CMO/Forrest JUNE 27 TUESDAY ** NOTE: PUBLIC HEARING ADDED ** 5:30 p.m. JEO Public Hearing Harris Hall Expected Absences: A. PH: Envision Eugene JUNE 28 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: 2017 GO Bonds for Street Preservation Projects PW/Willer B. WS: JULY 10 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. Committee Reports: HRC, SC, HSC, LCOG, MPC, PSCC B. WS: EUGENE CITY COUNCIL TENTATIVE WORKING AGENDA May 18, 2017 A=action; PH=public hearing; WS=work session F:\CMO\CC\CCAGENDA.docx 7:30 p.m. Council Meeting Harris Hall Expected Absences: 1. Pledge of Allegiance to the Flag and Reading of the Declaration of Independence (Independence Day) 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 RR-SC Urban Facilities Plan Amendment (RA 16-1) PDD/Berg-Johansen JULY 12 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: JULY 17 MONDAY 7:30 p.m. Council Public Hearing Harris Hall Expected Absences: A. PH: JULY 19 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: JULY 24 MONDAY 5:30 p.m. Council Work Session Harris Hall Expected Absences: A. WS: 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 JULY 26 WEDNESDAY Noon Council Work Session Harris Hall Expected Absences: A. WS: B. WS: ON THE RADAR Work Session Polls/Council Requests 1. Drones (Taylor)...................................................................................................................................................... COUNCIL BREAK: JULY 27, 2017 – SEPTEMBER 11, 2017 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of a Resolution Annexing Land to the City of Eugene (Property Identified as Assessor’s Map 17-04-11-42, Tax Lot 400) (Kreindel, Joel; A 17-2) Meeting Date: May 22, 2017 Agenda Item Number: 3B Department: Planning and Development Staff Contact: Nicholas R. Gioello www.eugene-or.gov Contact Telephone Number: 541/682-5453 ISSUE STATEMENT This item is a request to annex approximately 0.53acres (23,087 square feet) of land located at 2908 River Road. The property is located within the Urban Growth Boundary (UGB) and is contiguous to the City limits along a portion of its north boundary. No public rights-of-way are proposed for annexation as part of this request. A vicinity map is provided as Attachment A. The property is zoned Low Density Residential with Urbanizable Lands Overlay Zone (R-1/UL). The Metro Plan designates the subject property for Low Density Residential use. The applicable refinement plan is the River Road-Santa Clara Urban Facilities Plan, which also designates the property for Low Density Residential use. Annexation will allow for future development consistent with the property’s designation and the Eugene Code. Specific plans for future development of the site are not included as part of this annexation application and any land division of the property will be subject to a separate, future public process. BACKGROUND To encourage compact urban growth and sequential development within Eugene’s UGB, the Metro Plan provides that ultimately all land within the UGB will be annexed into the City and provided with a minimum level of urban services. Approval of annexation requests are based on the criteria at Eugene Code (EC) 9.7825 which require that (1) the land proposed to be annexed is within the City’s UGB and is contiguous to the City limits or separated from City limits only by a right-of-way or water body; (2) the proposed annexation is consistent with the applicable policies in the Metro Plan and in any applicable refinement plans and (3) the proposed annexation will result in a boundary in which the minimal level of key urban facilities and services can be provided in an orderly, efficient, and timely manner. Findings demonstrating that the annexation request is consistent with these approval criteria are included as Exhibit C to the resolution (Attachment B). To provide nearby property owners and residents an opportunity to review and comment on this annexation request, public notice for this annexation request was provided to all owners and occupants of property within 500 feet of the subject property, and the affected neighborhood association, consistent with Eugene Code requirements. No written testimony has been received as of this date. Referral comments were provided by affected agencies including City of Eugene Public Works, EWEB and Lane County Public Works. These referral comments confirm that the property can be provided with the minimum level of key urban services consistent with the approval criteria. Given the findings of compliance, ability for the provision of key urban services and lack of testimony received, a public hearing is not recommended in this instance. Additional background information regarding this request, including relevant application materials, is included for reference as Attachment C. A full copy of all materials in the record is also available at the Permit and Information Center located at 99 West 10th Avenue. RELATED CITY POLICIES The Metro Plan contains the policies that are related to this annexation request. The applicable refinement plan is the River Road-Santa Clara Urban Facilities Plan. The policies applicable to this request are addressed in the Planning Director’s findings and recommendation (Exhibit C to Attachment B). COUNCIL OPTIONS City Council may consider the following options: 1. Adopt the draft resolution 2. Adopt the draft resolution with specific modifications as determined by the City Council 3. Deny the draft resolution 4. Defer action until after the council holds a public hearing on the proposed annexation CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council adopt the resolution by finding that the request complies with all applicable approval criteria, and that the annexation be approved. SUGGESTED MOTION Move to adopt Resolution No. _______, which approves the proposed annexation request consistent with the applicable approval criteria. ATTACHMENTS A. Vicinity Map B. Draft Annexation Resolution with Exhibits A through C Exhibit A: Map of Annexation Request Exhibit B: Legal Description Exhibit C: Planning Director Findings and Recommendation C. Application Materials for Annexation Request FOR MORE INFORMATION Staff Contact: Nicholas R. Gioello Telephone: 541/682-5453 Staff E-Mail: Nick.r.gioello@ci.eugene.or.us Caution: This map is based on imprecise source data, subject to change,and for general reference only. Kreindel (A 17-2) Legend Subject Property City Limits Taxlots R I V E R R D IRVING RD QU I E T L N FEDERAL LN AVA ST FERNDALE DR RIVER LOOP 1 W MYOAK DR ME M O R Y L N BANTON AVE MYOAK DR FE D E R A L P L AZALEA DR OA K L E A F D R MI L T O N L N ´ May 2017 0 500 1000250 Ft EUGENE ^_ Subject Property Subject Property UGB A V A S T Attachment B Resolution - Page 1 of 2 RESOLUTION NO. _____ A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (PROPERTY IDENTIFIED AS ASSESSOR’S MAP 17-04-11-42, TAX LOT 400). The City Council of the City of Eugene finds that: A. An annexation application was submitted on February 15, 2017, by Joel Kreindel, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”) for annexation to the City of Eugene of the property identified as Assessor’s Map 17-04-11-42, Tax Lot 400. B. The property proposed to be annexed is depicted on the map attached as Exhibit A to this Resolution. The legal description of the property proposed to be annexed is attached to this Resolution as Exhibit B. C. The City’s Planning Director has submitted a written recommendation that the application be approved based on the criteria of EC 9.7825. The Planning Director’s Findings and Recommendation is attached as Exhibit C. D. On April 21, 2017, a notice containing the street address and assessor’s map and tax lot number, a description of the land proposed to be annexed, and the Planning Director’s preliminary recommendation was mailed to the applicant, owners and occupants of property within 500 feet of the subject property, and the Santa Clara Community Organization. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on May 22, 2017. E. After considering the Planning Director’s recommendation, the City Council finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings and the Planning Director’s Findings and Recommendation attached as Exhibit C which are adopted in support of this Resolution, it is ordered that the land identified as Assessor’s Map 17-04-11-42, Tax Lot 400, depicted on the map attached as Exhibit A, and described in the attached Exhibit B, is annexed to the City of Eugene. Attachment B Resolution - Page 2 of 2 Section 2. This Resolution is effective immediately upon its passage by the City Council. The annexation and automatic rezoning of the land from R-1/UL to R-1 pursuant to EC 9.7820(3) shall become effective in accordance with State law. The foregoing Resolution adopted the ___ day of May, 2017. ______________________________________ City Recorder Annexation Legal Description Tax Map 17-04-11-42 Tax Lot 400 Beginning at a point on the Easterly right-of-way of Ava Street, said point also being on the North line of Lot 6 in the Subdiviion of Lot 1 of the Plat of Ferndale Addition to Santa Clara, as recorded in Book 10, Page 3, Lane County Oregon Plat Records; thence along said North line of Lot 6 N89°58'E 284.57 feet to the Northwest comer of that property described in Warranty Deed recorded July 9, 1975, in Instrument No. 75-27817; thence along the West line of said Warranty Deed SO°02'E 84.83 feet to the Southwest corner of said Warranty Deed, said Southwest corner being on the South line of said Lot 6; thence along said South line of Lot 6 S89°58'W 257.03 feet to the Easterly right-of-way of Ava Street; thence along said Easterly right-of-way NI 8'01'30"W 89.2 feet to the point of beginning, in Lane County, Oregon. Kreindel, Joel (A 17-2) April 2017 Page 1 Exhibit C     Planning Director’s Findings and Recommendation   Annexation Request for Kreindel, Joel  (City File A 17‐2)    Application Submitted: February 15, 2017  Applicant: Joel Kreindel  Property Included in Annexation Request: Tax Lot 400 of Assessor’s Map 17‐04‐11‐42  Zoning: Low Density Residential with Urbanizable Lands Overlay (R‐1/UL)  Location:  2908 River Road  Representative:  Dave Collier, Pacific Surveying, 541‐767‐0790   Lead City Staff:  Nicholas Gioello, City of Eugene Planning Division, 541‐682‐5453    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)    The land proposed to be annexed is within the city’s urban growth boundary and is:                             (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 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)      YES   NO  Kreindel, Joel (A 17-2) April 2017 Page 2 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)     The Metro Plan designates the annexation area as appropriate for residential 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 residential use. The property  is currently zoned Low‐Density Residential with Urbanizable Land Overlay (R‐1/UL). 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 located  within any of the described subareas. Further, none of the general “Residential Land Use  Policies” at Section 2.2 appear to be directly applicable to the subject request. The  “Public Facilities and Services Element” policies of 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, efficient, and timely manner as detailed below:    Wastewater  There is an 8‐inch public wastewater system within Ava Street, west of the subject  property, with a 6‐inch service constructed to the property line. Location of Sewer  Connection record #58752 shows the existing development on the site is connected to  the 6‐inch service. The wastewater equivalent assessment has been paid.    Stormwater  Public stormwater systems are not available to serve this property. All development  YES   NO  Kreindel, Joel (A 17-2) April 2017 Page 3 proposals must demonstrate consistency with flood control standards; on‐site retention  may be a feasible option for this site provided that adequate infiltration is  demonstrated. Compliance with applicable stormwater development standards will be  ensured at the time of property development.    Transportation  The subject property has frontage on Ava Street to the west, but appears to currently  take primary access from River Road. River Road at this location is under the jurisdiction  of the City of Eugene. Ava Street is classified as a Lane County Local Access Road. Any  required street improvements will be determined at the time of property 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  EWEB Water staff state no objection to the annexation. EWEB Electric staff state no  objection to the proposed annexation request. Water and electric services can be  extended in accordance with EWEB policies and procedures.    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 the City of Eugene Fire  Department. 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  Parks and recreation programs are provided on a City‐wide basis. The inclusion of the  subject property in the City is sufficient evidence to demonstrate the minimum level of  this key urban service is met.      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 with in the district  boundary of Spring Creek Elementary School, Madison Middle School, and North Eugene  High School.  As access to schools is evaluated on a district wide basis, the property’s  Kreindel, Joel (A 17-2) April 2017 Page 4 location within the school district is sufficient evidence to demonstrate the minimum  level of this key urban service is met.      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.          EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of a Resolution Annexing Land to the City of Eugene (Property Identified as Assessor’s Map 17-04-14-23, Tax Lot 3900) (Lohman, Scott; A 17-4) Meeting Date: May 22, 2017 Agenda Item Number: 3C Department: Planning and Development Staff Contact: Nicholas R. Gioello www.eugene-or.gov Contact Telephone Number: 541/682-5453 ISSUE STATEMENT This item is a request to annex approximately 0.1acres (4,146 square feet) of vacant land located at the northwest corner of Boyce Street and Berwin Lane. The property is located within the Urban Growth Boundary (UGB) and is contiguous to the City limits along its north boundary. No public rights-of-way are proposed for annexation as part of this request. A vicinity map is provided as Attachment A. The property is zoned Low Density Residential with Urbanizable Lands Overlay Zone (R-1/UL). The Metro Plan designates the subject property for Low Density Residential use. The applicable refinement plan is the River Road-Santa Clara Urban Facilities Plan, which also designates the property for Low Density Residential use. Annexation will allow for future development consistent with the property’s designation and the Eugene Code. Specific plans for future development of the site are not included as part of this annexation application. BACKGROUND To encourage compact urban growth and sequential development within Eugene’s UGB, the Metro Plan provides that ultimately all land within the UGB will be annexed into the city and provided with a minimum level of urban services. Approval of annexation requests are based on the criteria at Eugene Code (EC) 9.7825 which require that (1) the land proposed to be annexed is within the City’s UGB and is contiguous to the City limits or separated from City limits only by a right-of-way or water body; (2) the proposed annexation is consistent with the applicable policies in the Metro Plan and in any applicable refinement plans and (3) the proposed annexation will result in a boundary in which the minimal level of key urban facilities and services can be provided in an orderly, efficient, and timely manner. Findings demonstrating that the annexation request is consistent with these approval criteria are included as Exhibit C to the resolution (Attachment B). To provide nearby property owners and residents an opportunity to review and comment on this annexation request, public notice for this annexation request was provided to all owners and occupants of property within 500 feet of the subject property, and the affected neighborhood association, consistent with Eugene Code requirements. No written testimony has been received as of this date. Referral comments were provided by affected agencies including City of Eugene Public Works, EWEB and Lane County Public Works. These referral comments confirm that the property can be provided with the minimum level of key urban services consistent with the approval criteria. Given the findings of compliance, ability for the provision of key urban services and lack of testimony received, a public hearing is not recommended in this instance. Additional background information regarding this request, including relevant application materials, is included for reference as Attachment C. A full copy of all materials in the record is also available at the Permit and Information Center located at 99 West 10th Avenue. RELATED CITY POLICIES The Metro Plan contains the policies that are related to this annexation request. The applicable refinement plan is the River Road-Santa Clara Urban Facilities Plan. The policies applicable to this request are addressed in the Planning Director’s findings and recommendation (Exhibit C to Attachment B). COUNCIL OPTIONS City Council may consider the following options: 1. Adopt the draft resolution 2. Adopt the draft resolution with specific modifications as determined by the City Council 3. Deny the draft resolution 4. Defer action until after the council holds a public hearing on the proposed annexation CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council adopt the resolution by finding that the request complies with all applicable approval criteria, and that the annexation be approved. SUGGESTED MOTION Move to adopt Resolution No. _______, which approves the proposed annexation request consistent with the applicable approval criteria. ATTACHMENTS A. Vicinity Map B. Draft Annexation Resolution with Exhibits A through C Exhibit A: Map of Annexation Request Exhibit B: Legal Description Exhibit C: Planning Director Findings and Recommendation C. Application Materials for Annexation Request FOR MORE INFORMATION Staff Contact: Nicholas R. Gioello Telephone: 541/682-5453 Staff E-Mail: Nick.r.gioello@ci.eugene.or.us Caution: This map is based on imprecise source data, subject to change,and for general reference only. Lohman (A 17-4) Legend Subject Property City Limits Taxlots N P A R K A V E LA B O N A D R BU S H N E L L L N MAXWELL RD AL D E R W O O D S T BE R W I N L N BOYCE ST FREMONT AVE SUNVIEW ST ARMSTRONG AVE ´ May 2017 0 250 500125 Ft EUGENE ^_ Subject Property Subject Property UGB Attachment B Resolution - Page 1 of 2 RESOLUTION NO. _____ A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (PROPERTY IDENTIFIED AS ASSESSOR’S MAP 17-04-14-23, TAX LOT 3900). The City Council of the City of Eugene finds that: A. An annexation application was submitted on March 2, 2017, by Scott Lohman in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”) for annexation to the City of Eugene of the property identified as Assessor’s Map 17-04-14-23, Tax Lot 3900. B. The property proposed to be annexed is depicted on the map attached as Exhibit A to this Resolution. The legal description of the property proposed to be annexed is attached to this Resolution as Exhibit B. C. The City’s Planning Director has submitted a written recommendation that the application be approved based on the criteria of EC 9.7825. The Planning Director’s Findings and Recommendation is attached as Exhibit C. D. On April 21, 2017, a notice containing the street address and assessor’s map and tax lot number, a description of the land proposed to be annexed, and the Planning Director’s preliminary recommendation was mailed to the applicant, owners and occupants of property within 500 feet of the subject property, and the River Road Community Organization. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on May 22, 2017. E. After considering the Planning Director’s recommendation, the City Council finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings and the Planning Director’s Findings and Recommendation attached as Exhibit C which are adopted in support of this Resolution, it is ordered that the land identified as Assessor’s Map 17-04-14-23, Tax Lot 3900, depicted on the map attached as Exhibit A, and described in the attached Exhibit B, is annexed to the City of Eugene. Attachment B Resolution - Page 2 of 2 Section 2. This Resolution is effective immediately upon its passage by the City Council. The annexation and automatic rezoning of the land from R-1/UL to R-1 pursuant to EC 9.7820(3) shall become effective in accordance with State law. The foregoing Resolution adopted the ___ day of May, 2017. ______________________________________ City Recorder A T T A C H M E N T C SITE PLAN FOR SCOTT LOHMAN ANNEXATION SW 1/4, NW 1/4, SECTION 14, T. 17 S., R. 4 W., W.M. ASSESSOR'S MAP 17-04-14-23, TAX LOT 3900 EUGENE, LANE COUNTY, OREGON APRIL 7, 2017 1013 VICINITY MAP NOT TO SCALE SCALE 1" = 15' 0 7.5 15 30 NOTE: COURSES AND DISTANCES DEPICTED HERON ARE BASED ON COUNTY SURVEY FILE 18872, ON FILE IN THE OFFICE OF THE LANE COUNTY SURVEYOR, IN LANE COUNTY, OREGON. EXPIRES: JUNE 30, 2018 LEGAL DESCRIPTION FOR THE ANNEXATION OF THE SCOTT LOHMAN PROPERTY TO THE CITY OF EUGENE ASSESSOR'S MAP NO. 17-04-14-23, TAX LOT 3900 FEBRUARY 1, 2097 Beginning at a point on the north line of the James McCabe Donation Land Claim No. 46 located in Township 17 South, Range 4 West of the Willamette Meridian, said point bearing North 89°53'00" West 1817.50 from the Northeast corner of said D.L.C. No. 46; thence South 00°11'00 West 578.48 feet; thence North 89°53'00" West 250.00 feet to the True Point of Beginning; thence South 89°53'00" East 82.31 feet to the westerly margin of Berwin Lane; thence along said westerly margin South 00°22'30" West 48.00 feet to the northerly margin of Boyce Street; thence along said northerly margin North 89°53'00" West 17.97 feet; and along the arc of a 242.80 foot radius curve left (the chord of which bears South 82°2259" West 65.35 feet) a distance of 65.54 feet; thence leaving said northerly margin bearing North 00°45'00" East 56.80 feet to the True Point of Beginning all in Lane County, Oregon. Containing 4,146 Square feet, more or less. Courses and distances depicted hereon are based on County Survey File 18872, on file in the office of the Lane County Surveyor, in Lane County, Oregon. REGISTERED PROFESSIONAL AWE W, iw LLOYD L :QOM Lohman, Scott (A 17-4) April 2017 Page 1 Exhibit C Planning Director's Findings and Recommendation Annexation Request for Lohman, Scott (City File A 17-4) Application Submitted: March 2, 2017 Applicant: Scott Lohman Property Included in Annexation Request: Tax Lot 3900 of Assessor’s Map 17-04-14-23 Zoning: Low Density Residential with Urbanizable Lands Overlay (R-1/UL) Location: Northwest corner of Boyce Street and Berwin Lane Representative: Lloyd Tolbert, Tolbert Associates, 541-350-8426 Lead City Staff: Nicholas Gioello, City of Eugene Planning Division, 541-682-5453 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) The land proposed to be annexed is within the city’s urban growth boundary and is: (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 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) YES NO Lohman, Scott (A 17-4) April 2017 Page 2 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) The Metro Plan designates the annexation area as appropriate for residential 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 residential uses. The property is currently zoned Low-Density Residential with Urbanizable Land Overlay (R-1/UL). 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 located within any of the described subareas. Further, none of the general “Residential Land Use Policies” at Section 2.2 appear to be directly applicable to the subject request. The “Public Facilities and Services Element” policies of 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, efficient, and timely manner as detailed below: Wastewater There is an 8-inch public wastewater system within each of the adjacent streets, Boyce Street and Berwin Lane, south and east of the subject property, respectively. An on-hold wastewater equivalent assessment will become due upon property development. Stormwater Public stormwater systems are not available to serve this property. All development proposals must demonstrate consistency with flood control standards; on-site retention YES NO Lohman, Scott (A 17-4) April 2017 Page 3 may be a feasible option for this site provided that adequate infiltration is demonstrated. Compliance with applicable stormwater development standards will be ensured at the time of property development. Transportation This property has frontages on Boyce Street and Berwin Lane, which are both Lane County Roads. Any required street improvements will be determined at the time of property 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 EWEB Water staff state no objection to the annexation. EWEB Electric staff state no objection to the proposed annexation request. Water and electric services can be extended in accordance with EWEB policies and procedures. 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 the City of Eugene Fire Department. 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 Parks and recreation programs are provided on a City-wide basis. The inclusion of the subject property in the City is sufficient evidence to demonstrate the minimum level of this key urban service is met. 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 with in the district boundary of Howard Elementary School, Kelly Middle School, and North Eugene High School. As access to schools is evaluated on a district wide basis, the property’s location within the school district is sufficient evidence to demonstrate the minimum level of this key urban service is met. Lohman, Scott (A 17-4) April 2017 Page 4 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. EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of a Resolution Annexing Right-of-Way to the City of Eugene Identified as River Road between Merry Lane/Arbor Drive and between Maynard Avenue/Rosewood Avenue (River Road Annexation; A 17-6) Meeting Date: May 22, 2017 Agenda Item Number: 3D Department: Planning and Development Staff Contact: Erik Berg-Johansen www.eugene-or.gov Contact Telephone Number: 541/682-5437 ISSUE STATEMENT The City of Eugene Public Works Engineering Division is requesting to annex two sections of River Road right-of-way into the Eugene City limits. The proposed annexation includes a section of River Road between Merry Lane/Arbor Drive, and a section of River Road between Maynard Avenue/Rosewood Avenue. Both sections of River Road are within the City’s Urban Growth Boundary (UGB). A map showing the location of these two street sections is included as Attachment A. The purpose of this annexation is to create clear boundaries for police and other City services, which increases the effectiveness and efficiency of these services. In the current case, speed limits on these sections of River Road are not consistently enforced, which has created a public safety concern. Annexation will also allow for future road improvements that will benefit residents and businesses in the area. The City of Eugene’s outreach letter and a letter of support from the River Road Community Organization are included as Attachment B to this Agenda Item Summary. BACKGROUND To encourage compact urban growth and sequential development within Eugene’s UGB, the Metro Plan provides that ultimately all land within the UGB (including streets) will be annexed into the City and provided with a minimum level of urban services. Approval of annexation requests are based on the criteria at Eugene Code (EC) 9.7825 which require that (1) the land proposed to be annexed is within the City’s UGB and is contiguous to the City limits or separated from City limits only by a right-of-way or water body; (2) the proposed annexation is consistent with the applicable policies in the Metro Plan and in any applicable refinement plans and (3) the proposed annexation will result in a boundary in which the minimal level of key urban facilities and services can be provided in an orderly, efficient, and timely manner. Findings demonstrating that the annexation request is consistent with these approval criteria are included as Exhibit C to the resolution (Attachment C). To provide nearby property owners and residents an opportunity to review and comment on this annexation request, public notice was provided to all owners and occupants of property within 500 feet of the subject property, and the affected neighborhood association, consistent with Eugene Code requirements. Other than the letter of support from the River Road Community Organization, one letter was received from Don Milligan and is included as Attachment E. Given the findings of compliance and limited testimony received, a public hearing is not recommended in this instance. Additional background information regarding this request, including relevant application materials, is included for reference as Attachment D. A full copy of all materials in the record is also available at the Permit and Information Center located at 99 West 10th Avenue. RELATED CITY POLICIES The Metro Plan contains the policies that are related to this annexation request. The applicable refinement plan is the River Road-Santa Clara Urban Facilities Plan. The policies applicable to this request are addressed in the Planning Director’s findings and recommendation (Exhibit C to Attachment C). COUNCIL OPTIONS City Council may consider the following options: 1. Adopt the resolution 2. Adopt the resolution with specific modifications as determined by the City Council 3. Deny the resolution 4. Defer action until after the council holds a public hearing on the proposed annexation CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council adopt the resolution by finding that the request complies with all applicable approval criteria, and that the annexation be approved. SUGGESTED MOTION Move to adopt Resolution No. _________, which approves the proposed annexation request consistent with the applicable approval criteria. ATTACHMENTS A. Vicinity Map B. River Road Community Organization Letter of Support / City of Eugene Outreach Letter C. Annexation Resolution with Exhibits A through C Exhibit A: Map of Annexation Request Exhibit B: Legal Description Exhibit C: Planning Director Findings and Recommendation D. Application Materials for Annexation Request E. Public Comment FOR MORE INFORMATION Staff Contact: Erik Berg-Johansen Telephone: 541/682-5437 Staff E-Mail: erik.berg@ci.eugene.or.us Caution: This map is based on imprecise source data, subject to change,and for general reference only. River Road Annexation (A 17-6) Legend Proposed Annexation City Limits Taxlots HORN LN HATTON AVE HOWARD AVE CO P P I N G S T AN D E R S E N L N E ROSEWOOD AVE MAXWELL RD BENJAMIN ST ROSEWOOD AVE LINDNER LN ROSETTA AVE R I V E R R D HERITAGE AVE E HOWARD AVE ME L V I N A W A Y ARBOR DR MERRY LN MAYNARD AVE BA R T O N S T L A N S O N L N MA N Z A N A S T SANDRA LN HARVEY AVE BA R T O N D R HO D S O N L N BRIANA LN LORETTA WAY FORMAC AVE GREENLEAF AVE ON O A V E EV E R G R E E N D R GARTH LN S T E V I S H A Y L N ´ May 2017 0 500250 Ft EUGENE ^_ Annexation Location Proposed Annexation TL 303 TL 302 UGB Proposed Annexation Attachment A Date: June 14, 2016 To: Kevin Farthing, City of Eugene Public Work Civil Engineer From: River Road Community Organization Re: Letter of Support for Annexation of remaining County sections of River Road within the River Road Community Organization Greetings: At the June 13, 2016 RRCO General Meeting you and Zachary Galloway from the Eugene Planning Department presented a proposal to annex the sections of River Road from Maynard Avenue to Rosewood Avenue and from Arbor Drive to Merry Lane currently under the Jurisdiction of Lane County. Y’all described the clarity the annexation will provide in enforcing excess speed infractions and future opportunities for alternate modes of transportation including the potential of Bus Rapid Transit. We discussed the implications to the River Road Park and Recreation District and to the River Road Water district. We heard you agree to inform any affected neighbors about the proposal and its potential effect to their properties. After discussion, the membership voted 12-1 in support of the proposal. Thanks for bringing the option to our attention, for contacting the service districts and for answering our questions. \s\ Jon Belcher Co-Chair RRCO Attachment B 6/8/2016 River Road Community Organization Attn: Jon Belcher 1055 River Road Eugene, OR 97404 Dear Members of the River Road Community Organization, Because of the unique jurisdictional arrangement in north Eugene/Santa Clara, certain properties and streets are within the City of Eugene’s Urban Growth Boundary (UGB), but remain in Lane County. Lane County properties are ineligible for City services and not subject City codes. City of Eugene law enforcement is challenged to consistently apply City traffic regulations due to numerous jurisdictional boundary changes between the City and County. The intent of the proposed annexation is to remove jurisdictional boundaries south of Beltline to support community goals and assist law enforcement. The City of Eugene is proposing to annex the following sections of River Road (see attached maps for details):  Horn Lane to Merry Lane, approximately 1,250 feet in length  Maynard Avenue to Rosewood Avenue, approximately 750 feet in length These properties are Right-of-Way (ROW) owned by Lane County. Lane County has requested the City annex the remaining portions of River Road. The City supports this request and is initiating the annexation to provide an unambiguous and contiguous sections of road so that traffic laws, transportation programs, and community goals can be implemented uniformly. Neighborhood concerns and citizen comments are the primary drivers for annexation. The result of the annexation is that all of River Road south of Beltline will be within the Eugene city limits. One other noteworthy aspect of the annexation is that all of the water, storm, and wastewater infrastructure not already maintained by either the City of Eugene (waste and storm water) or the Eugene Water & Electric Board (water) in these sections of River Road will fall under the aforementioned respective purview as a result. Lane County staff support this course of action. From the County’s perspective, it has many other maintenance and law enforcement commitments, and since these sections of ROW are within the City’s UGB, it would make sense for the City of Eugene to be responsible for them. It is also worth noting that both of these sections of River Road are surrounded by sections of River Road that have already been annexed into the City. At this time, City staff is asking for the written support of the River Road Community Organization for the annexation to present to the Eugene City Council. This support, combined with support from Lane County, will make this annexation successful, and help to meet the goals and address some of the concerns of the River Road area. There are no plans to annex other ROW at this time. Finally, it should be acknowledged that due to this annexation, thirteen properties will become contiguous with the City of Eugene limits, and thus will become eligible for annexation. It should be stressed that while these properties are eligible, they are not required to annex, and it is owner of the individual property that would initiate that process, not the City of Eugene. Attachment B Kevin Farthing, PE City of Eugene, Public Works Engineering 541-682-5778 Attachment B Resolution - Page 1 of 2 RESOLUTION NO. _____ A RESOLUTION ANNEXING PORTIONS OF RIVER ROAD RIGHTS-OF-WAY TO THE CITY OF EUGENE. (PROPERTY IDENTIFIED AS A PORTION OF RIVER ROAD BETWEEN HORN LANE AND MERRY LANE (ASSESSOR’S MAP NOS. 17-04-24-21 AND 17-04-24-22), AND A PORTION OF RIVER ROAD BETWEEN ROSEWOOD AVENUE AND MAYNARD AVENUE (ASSESSOR’S MAP NOS. 17-04-13-32 AND 17-04-13-33) The City Council of the City of Eugene finds that: A. An annexation application was submitted by the City of Eugene on March 27, 2017, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”) for annexation to the City of Eugene of street rights-of-way identified as a portion of River Road between Horn Lane and Merry Lane (Assessor’s Map Nos. 17-04-24-21 and 17-04-24-22), and a portion of River Road between Rosewood Avenue and Maynard Avenue (Assessor’s Map Nos. 17-04-13-32 and 17-04-13-33). B. The territory proposed to be annexed is depicted on the map attached as Exhibit A to this Resolution. The legal description of the rights-of-way proposed to be annexed is attached to this Resolution as Exhibit B. C. The City’s Planning Director has submitted a written recommendation that the application be approved based on the criteria of EC 9.7825. The Planning Director’s Findings and Recommendation is attached as Exhibit C. D. On April 21, 2017, a notice containing a description of the location of the street rights-of-way proposed to be annexed, and the Planning Director’s preliminary recommendation was mailed to the applicant, owners and occupants of property within 500 feet of the subject property, and was provided to the River Road Community Organization. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on May 22, 2017. E. After considering the Planning Director’s recommendation, the City Council finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings and the Planning Director’s Findings and Recommendation attached as Exhibit C which are adopted in support of this Resolution, it is Attachment C Resolution - Page 2 of 2 ordered that the street rights-of-way identified as a portion of River Road between Horn Lane and Merry Lane (Assessor’s Map Nos. 17-04-24-21 and 17-04-24-22), and a portion of River Road between Rosewood Avenue and Maynard Avenue (Assessor’s Map Nos. 17-04-13-32 and 17-04- 13-33), depicted on the map attached as Exhibit A, and described in the attached Exhibit B, are annexed to the City of Eugene. Section 2. This Resolution is effective immediately upon its passage by the City Council. The annexation shall become effective in accordance with State law. The foregoing Resolution adopted the _____ day of May, 2017. ______________________________________ City Recorder Attachment C Proposed River Road Annexation Sections 100 4601 101 102 100 3100 4601 1203 100 200 300 1202 2100 8600 2000 1000 701 1300 400 500 6300 400 801 4100 901 4700 100202 300 4200 400 8000 4602 3900 700 500 4101 300 401 600 6500 1100 8400 201 101 2900 102 402 6400 3700 2900 2800 8500 2700 400 2000 2400 2402 8100 8200 8300 3000 8700 18011800 66006700 7800 4200 3612501 6900 5201 4706 800 365 1900 3200 2700 7100 364 6800 329 1200 3100 6800 366 2600 4400 901 326 3272300 4900 6900 600 2200 403 8700 3101 2504 2503 2100 2200 3201 360328 4705 2500 354 2701 405 2800 4702 7600 408 3800 2300 359 800 900 2600 3000 406407 404 4703 3000 4000 355 4601 700 700 409 7900 414 4100 4500 8600 35002800 2601 2509 3100 5600 8400 2900 412 413410 2900 600 1700 3300 900800700 4112800 2700 800 900 1200 3200 356 4704 4401 1700 1900 2000 2100 6200 2200 2300 2400 1900 4500 1300 5400 23002400 25072200 2508 4900 3200 1800 1700 500 4200 1500 5400 1600 5500 3400 2704 4800 4700 357 3801 8700 362 2505 1700 4800 3400 3900 8500 330 3700 4200 6000 4300 4100410040003900 3800 4400 3600 6100 320033003400 2500 3500 363 3700 35003600 57005600 58005900 3588200 1100 8300 5100 3500 3300 2501 3200 7200 3600 1100 3700 3000 5200 3800 1000 2600 2702 7002 3800 430039004200400041003700 4400 367 1600 1500 7300 6500 4501 1600 2503 1500 3600 801701 1400 5200 1000 1300 8400 2700 1200 5103 7400 2701 3800 1301 5300 1400 1400 3100 2600 2500 2502 9100 5400 7500 2506 2900 8100 2800 2600 7001 250024002300 5500 12200 2702 3400 22002100 1000 1100 12000 4603 5100 12100 3400 1600 6700 1300 6600 1400 8300 325 3300 800015001700 78007400 7900 1801 11900 2000 2100 2400 18021801 3100 13000 13100 12300 13800 12400 13700 12500 13600 12600 13500 12700 13400 12800 13300 12900 13200 352 5300 85001900 3001 5102 93005202 52035202 8401 18031802 4604 4605 ± Delta I5 11th 99 Beltline • ¯ ¯ Horn Ln Arbor Dr Sandra Ln Greenleaf Ave Merry Ln E Hatton Ave L a n s o n L n R i v e r R o a d Me l v i n a W a y Benjamin St Rosetta Ave Lindner Ln Hatton Ave Maynard Ave La n s o n S t E Howard Ave Howard Ave Ev e r g r e e n D r Rosewood Ave Eugene Legend Proposed Annexation City Limits Taxlots Buildings Streets 0 125 250 Feet May 5th, 2017 E Maynard Ave E Hatton Ave Exhibit A River Road Annexation Horn Lane to Merry Lane A portion of the Right-of-Way of`River.Road (County Road no. 200)„ located in the Southwest one-quarter of Section 24 in. Township 17 South, Range 4 West of the Willamette Meridian being more particularly, described as follows; Beginning at the centerline intersections of East Hillcrest Drive and River Road (County Road No. 200) said point being North 2°09'54" West 4614.83 feet from the Northeast corner of the West Half of the Prior Blair DLC #39; thence North 15°01'23" West 444.13 feet to a point when extended being the intersection of the centerline of said River Road' and the South Right-of-Way of Horn Lane and also being the TRUE POINT OF, BEGINNING of the herein annexation description; thence leaving said centerline of River Road and run North 88°09'41" West S2.25 feet to the westerly Right-of-Way of said River Road; thence run along the. Westerly Right-of-Way of said River Road, North 15°01'23" West 1462.44 feet; thence leaving said westerly Right-of- Way of River Road and run South 86°S6'10" East 105.65 feet to the Easterly Right-of-Way of said River Road; thence Run along the Easterly Right-of-Way of River Road South 15°01'23" East 1460.20 feet; thence leaving said easterly Right-of-Way of River road and run North 88°09'41" West 104.49 feet to the point of beginning and there ending, all in Lane County, Oregon. Containing 3.39± Acres River Road Annexation Maynard Ave. to Rosewood Ave A portion of the Right-of-Way of River Road (County Road no. 200) located in the Southwest one-quarter of Section 24 in Township 17 South, Range 4 West of the Willamette Meridian being more particularly described as follows; Beginning at the centerline intersections of East Hillcrest Drive and River Road (County Road No. 200) said point being North 2°09'54" West 4614.83 feet from the Northeast corner of the West Half of the Prior Blair. DLC #39; thence North 15°01'23" West 2038.54 feet to a point when extended being the intersection of the centerline of said River Road and the South Right-of-Way of Maynard Avenue; thence leaving said centerline of River Road run, North 87°46'21" West 52.35 feet to the westerly Right-of-Way of said )River Road and being the TRUE POINT OF BEGINNING of the herein annexation description; thence North 15°01'23" West 743.42 feet to the South Right-of-Way line of'Rosewood Avenue; thence leaving said west Right-of-Way line and run South 87°27'1S" East 104.89 feet to the East Right-of-Way line; thence along the East Right-of-Way line of said River Road, South 15°01'23" West 742.81 feet; thence leaving said east Right-of-Way line and run North 87°46'21" West 104.71 feet to the true point of beginning and there ending, all in Lane County,_Oregon. Containing 1.71± Acres Exhibit B River Road (A 17-6) May 2017 Page 1 Exhibit C Planning Director's Findings and Recommendation Annexation Request for River Road Right-of-Way (City File A 17-6) Application Submitted: March 28, 2017 Applicant: Eric Favreau, City of Eugene Public Works Engineering; 541/682-2869 Property Included in Annexation Request: Two sections of River Road, between Merry Lane/Arbor Drive and between Maynard Avenue/Rosewood Avenue Zoning: No Applicable Zoning District (Street Right-of-Way) Location: River Road between Merry Lane/Arbor Drive and between Maynard Avenue/Rosewood Avenue Surveyor: Tim Fassbender, City of Eugene 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) The land proposed to be annexed is within the city’s urban growth boundary and is: (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 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 efficient use of land and urban service provisions within the UGB, including the following policies from the “Growth Management” section (in italic text): Policy 1: The UGB and sequential development shall continue to be implemented as an essential means to achieve compact urban growth. The provision of all urban services shall be concentrated inside the UGB. Policy 9: A full range of key urban facilities and services shall be provided to urban areas according to demonstrated need and budgetary priorities. 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) The River Road - Santa Clara Urban Facilities Plan (RR/SC UFP) is the adopted refinement plan for the subject road sections. With regard to applicable policies of the RR/SC UFP, a portion of the street annexation is within the River Road/Howard subarea; however, none of these subarea policies are applicable to the request. The City’s proposed street annexation is consistent with the following policy under Section 3.8 Police Protection: YES NO River Road (A 17-6) May 2017 Page 2 Policy 1. As annexation occurs, Eugene shall provide for a level of police service comparable to that received in the remainder of the City. As previously discussed in this subsection, and further detailed under subsection (3) below, the proposed annexation is consistent with Metro Plan growth management policies. 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. The following policies from the River Road and Santa Clara Goals, Findings, Objectives, and Policies section are also relevant to the request: Objective 2. Capitalize on existing public expectations by providing further public services which will allow the River Road and Santa Clara areas to achieve urban densities. Objective 3. Deliver a full range of urban services to the River Road and Santa Clara areas through annexation. The following policy from the Transportation Element (Chapter III) is relevant to the request: Policy F.14. Address the mobility and safety needs of motorists, transit users, bicyclists, pedestrians, and the needs of emergency vehicles when planning and constructing roadway system improvements. Annexation of these two sections of River Road will create clear boundaries for police and other City services, which increases the effectiveness and efficiency of these services. In the current case, speed limits on these sections of River Road are not being enforced. Annexation will also allow for future city road improvements that will benefit residents and businesses in the area. 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, efficient, and timely manner as detailed below: Wastewater This is not relevant as the road sections will not be developed with commercial or residential uses. Stormwater There are existing public stormwater lines within River Road. Lane County currently owns and will continue to own and maintain the public storm system within the right-of-way after the annexation. Transportation These two sections of River Road will continue to operate as a key transportation facility. YES NO River Road (A 17-6) May 2017 Page 3 Solid Waste This is not relevant as the road sections will not be developed with commercial or residential uses. 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 will be extended 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. Communications This is not relevant as the road sections will not be developed with residential or commercial uses. Public Schools This is not relevant as the road sections will not be developed with residential uses. 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: ♦ Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory requirements. ter 1111 § S . MARt 2017 11 ANNEXATION Please complete the following application checklist. Note that additional information may be required upon further review in order to adequately address the applicable criteria for. approval. If you have any questions about filling out this application, please contact Planning staff at the Permit and Information Center, phone (541)682-5377,99 West 10th Avenue, Eugene. { List all Assessor's Map and Tax Lot numbers of the property included in the request. Assessor's Map -Tax Lot Zoning Acreage _ orn to Merry: 17-04-24-22,17-04-21-24;N/A Rosewood to Maynard: 1 7-n4-13-33.17-64-13-32 iUZA0 Property Address: N/A; both properties are Lane County Right-of-Way Plans for Future Development & Permit Number (if applicable): N/A Public Service Districts: Name k~-P-arks:River Road Recreational District I Electric: Water: Eugene Water and Electric Board Eugene Water and Electric Board Sanitary Sewer:The City of Eugene Fire:Eugene/Springfield Schools:Elementary: See Other Middle: Kelly High: North Other:Elementary: River Rd Elementary and Howard Elementary Filing Fee A filing fee must accompany all applications. The fee varies depending upon the type of application and is adjusted . periodically by the City Manager. Check with Planning staff at the Permit and Information Center to determine the. required fee or check website at www.eugeneplanning.org Written Statement (Submit 5 copies) Submit a detailed written statement describing how this request is consistent with all applicable criteria (Section 9.7825 of the Eugene Code). Planning & Development Planning Division . ; 99 W. 10TH Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: eugeneplanning@ci.eugene.or.us Updated: March 2014 Page 1 of 4 Attachment CAttachment D Site Plan Requirements Submit 3 paper copies and 1 digital copy of a site plan, drawn to an engineer's scale on 8 '2" x 14"sheet of paper. Site plans shall include thefollowing information: F-I 1-1 F-I F-I F-I Show the date & north arrow on site plan. Show the Assessor's Map and Tax Lot number(s) on the site plan. Show a vicinity map on the site plan (vicinity map does not need to be to scale). Show city limits & UGB (if applicable) Clearly label the affected territory and any public right of ways to be annexed. Show all adjacent streets, alleys, and accessways. Show all dimensions of existing public utility easements and any other areas restricting use of the parcels, such as conservation areas, slope easements, access easements, etc. Show the location of all existing structures. Other Application Requirements (Submit 3 paper copies and 1 digital copy of all) Petition for Annexation form listing all owners, including partial owners, and electors. This form includes the Certification of Electors which must be signed by the Lane County Elections/Voter Registration Department and also includes the Verification (Certification) of Property Owners which must be signed by the Lane County Department of Assessment and Taxation. This form is required even if the land is vacant. Notarized Consent to Annexation form. r A legal description of the land proposed for annexation, including any public right of way prepared by a registered land surveyor. Oregon Revised Statues (ORS) 308.225 requires submittal of a closing metes and bounds description or subdivision block and lot number description. Please see example of acceptable legal descriptions contained in the application packet. The legal description must exactly correspond with-the map included with the application . or the Assessor's map. Summary of Urban Service Provision form. A county Assessor's cadastral map. (Available at Lane County Assessment & Taxation) Census Information Sheet. Note: This is not a complete list of requirements. Additional information maybe required after further review in order to adequately address the applicable approval criteria. Planning & Development Updated: March 2014 Planning Division 99 W. 10TH Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: eugeneplanning@ci.eugene.or.us Page 2 of 4 Attachment CAttachment D By signing, the undersigned certifies that he/she has read and understood the submittal requirements outlined, and that he/she understands that omission of any listed item may cause delay in processing the application. I (We), the undersigned, acknowledge that the information supplied in this application is complete and accurate to the best of my (our) knowledge. PROPERTY OWNER OF TAX LOT: Name (print): Address: Email: City/State/Zip: Phone: Fax: Signature: Date: PROPERTY OWNER OF TAX LOT: Name (Drint): Address: Email: . City/State/Zip: Phone: Fax: Signature: Date: PROPERTY OWNER OF TAX LOT: Name (print): Address: Email: City/State/Zip: Phone: Fax: Signature: Date: SURVEYOR: Name (print): I 'lm r'qz Company/Organization: 61TY OF akwy;5 Address: City/State/Zip: EU4&l1,F og P101101 Phone *z -7701 Fax: E-mail: T/M. f{. F14SS6Fi1 °~U. E!.(CEh/E. OA, tk5 Signature: Date: Planning & Development . Planning Division 99 W. 10TH Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: eugeneplanning@ci.eugene.or.us J Updated: March 2014 Page 3 of 4 Attachment CAttachment D REPRESENTATIVE (If different from Surveyor): Name (print): eFet c- Company/Organization: GTY OF E46ewe- Address: / IF t3~ W14~ ~7 -zloo City/State/Zip: e7U6iAte 64 17#p/ Phone:Nt?,Z 2&,q Fax: E-mail: £/ZIL. J• Fi4i/2Cll G Eu~,ENE• 0,2. l,ls Signature: Date: Attached additional sheets if necessary. Planning & Development Planning Division 99 W. 10TH Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: eugeneplanning@ci.eugene.or.us t / Updated: March 2014 Page .4 of 4 Attachment CAttachment D Applicant: Contact Information Surveyor: ' Date: City of Eugene Eric Favreau Public Works Engineering Division City of Eugene 99 E Broadway Ste. 400 Eugene, OR 97401 541-682-2869 Eric.i.favreau@ci.eugene.or.us Tim Fassbender March 13, 2017 tI - ' cry v ~ ~ MAR 2 8 2017 r Site: River Road between Horn Lane and Merry Lane; River Road between. Rosewood Avenue and Maynard Avenue Background: The City of Eugene as a municipality, currently has a unique situation due to certain roads in the North Eugene and Santa Clara area that are within the Urban Growth Boundary (UGB), but are still legally part of Lane County, and thus are subject to County laws and services. As a means of furthering the goal of unambiguous enforcement areas for City of Eugene police, it has been proposed that two sections of the River Road - from Horn to Merry; and, Rosewood to Maynard - be annexed into the City of Eugene. Consistency with Eugene Code (EC) 9.7825: The proposed annexation is consistent with EC 9.7825 (Annexation Approval Criteria) of the Eugene City Code because as this section of states, the proposed annexation must: 1) The land proposed to be annexed is within the city's urban growth boundary and is: a) Contiguous to the city limits, or b) Separatedfrom the city only by a public right of way or a stream, bay, lake or other body of water. From the included section map, it is clear that these sections of River Road are within the UGB and contiguous with land in the city limits, thus adhering to Condition of (1) of EC 9.785. Within both proposed annexation' arreas, there are multiple annexed properties that have frontage on River Road. Between Horn Ln and Mary Ln these properties include tax lots 2700, 2701, 2702, 3100, 8300, 8400, 8401, 8500, 8600, and 8700 of tax map 17-04-24-21 and tax lot 3100 of tax map 17-04-13-34. Between Rosewood Ave and Maynard Ave, annexed properties include tax lots 0100, 0200, and 0300 of tax map 17-04-13-33 and tax lot 2702 of tax map 17-04-13-32. Furthermore, the two aforementioned sections . of road are the only remaining sections of River Road south of Beltline that have not been annexed. Written Statement Attachment CAttachment D 2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. The Metro Plan contains the policies that are related to this annexation request. The River Road Santa Clara Urban Facilities Plan is the refinement plan applicable to the subject property. The Metro Plan policies listed below support this annexation: C. Growth Management, Goals, Findings, and Policies (Chapter 11):. _ Policy 1. The UGB and sequential development shall continue to be implemented as an essential means to achieve compact urban growth. The provision of, all urban services shall be concentrated inside the UGB. Policy 9. A full range of key urban facilities and services shall be provided to urban areas according to demonstrated need and budgetary priorities. 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 timeframe for annexation may vary, annexation should occur as land transitionsfrom urbanizable to urban. F. River Road and Santa Clara Goals, Findings, Objectives, and Policies (Chapter 11): Objective 2. Capitalize on existing public expectations by providingfurther public services which will allow the River Road and Santa Clara areas to achieve urban densities. Objective 3. Deliver ofull range ofurban services to the River Road and Santa Clara areas through annexation. F. Transportation Element (Chapter 111): Policy F.14. Address the mobility and safety needs of motorists, transit users, bicyclists, pedestrians, and the needs of emergency vehicles when planning and constructing roadway system improvements. Annexation of these two sections of River Road is consistent with these policies. Given that clearly defined enforcement boundaries for police (and other services) are the most efficient way to allocate municipal resources; poorly defined boundaries mean that services could either overlap with other municipalities, or worse, a region may not be covered at all. In the case of River Road, the latter is the current situation. 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. 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. The Metro Plan defines the minimum level for key urban facilities and services as "wastewater service, stormwater service, transportation, solid waste management, water service, fire and emergency medical services, police protection, city-wide parks and recreation programs, electric service, land use controls, communication facilities, and Attachment CAttachment D public schools on a district-wide basis". It should also be remembered that the sole impetus behind this annexation is to give City of Eugene Police clearly defined ROW limits for enforcement of City"traffic regulations which shows. compliance with Condition (3) of EC 9.7825 by providing key urban services in the an efficient manner. 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, efficient, and timely manner as detailed below: Wastewater All new development must connect to the wastewater (sanitary sewer) system. Is wastewater . service available to serve the area proposed for annexation? (For more information, contact the Engineering staff at the City of Eugene Permit and Information Center or call 541-682-8400.) The property(ies) in this annexation request: No additional properties are being served by wastewater due to this annexation being Right of Way. Location and size of existing wastewater line: These sections of Lane County Right-of-Way do have an existing 8" PVC wastewater line running down constructed in 1989; however, this section of WW pipe is already owned and maintained by the City"of Eugene. Zero properties will be served by an extension of an existing gravity wastewater line. Where will a wastewater line be extended from? When will it be extended? By whom? No properties requiring wastewater service are included in this annexation application..This section of Lane County Right of Way does have an existing 8" PVC wastewater line running down constructed in 1989; however, this section of WW pipe is already owned and maintained by the City of Eugene. Stormwater Currently, both sections of River Road are being served by Lane County Storm water infrastructure. This includes catch basins, curb inlets, manholes, and storm water lines of various sizes (see included maps for details). As a condition of annexation of these two sections of River Road, the City of Eugene will assume maintenance and operational responsibility for all of the stormwater infrastructure present. Is the site currently served by an approved stormwater system? Yes, Lane County currently owns and will continue to own and maintain the public storm system_within the Right-of-Way after the annexation. If yes, location? Within the Right-of-Way If no, how will stormwater be handled after development? Streets - What existing streets provide access to this site? List existing streets that provide access to this site from River. Road; the Northwest Expressway, or Beltline Highway. This application is to annex two sections of River Road ROWfrom Chambers to eeltline; at. this time, there are no plans to change any access or ingress/egress from these sections. Maynard - Rosewood Section; Howard and East Howard Ave; Horn to Merry: Lindner Lane, Rosetta Ave, Greenleaf Ave, and Sandra Lane. Attachment CAttachment D Will dedication for additional street right-of-way be required upon further development of this site? Yes X No Unknown Will existing streets be extended or new streets constructed upon further development of this site? Yes X No Unknown For more information, contact the City of Eugene Public Works staff at (682-6004.) Parks, Recreation, and Cultural Services Systems Development revenues generated by new development and Ballot Measure 20-30, which authorized the issuance of $25.3 million in general revenue bonds, will help to fund future City park acquisition and development in this area and throughout the city. Please list the parks and recreation facilities that already exist or are planned in the general vicinity of the property(ies) included in this annexation: This is not applicable. The annexation of ROWfrom. Lane County to the City of Eugene will not generate any additional money for the City's general fund. . Public Safety Police services Police protection will be extended to this site upon annexation consistent with service provision throughout the city. The impetus for this annexation is to give City of Eugene police unambiguous ROW definitions for consistent enforcement of City laws and traffic regulations. Fire and emergency services This area is currently served by City of Eugene Fire & EMS Department. After annexation, this section of ROW will be still be under Eugene/Springfield Fire and EMS jurisdiction. Emergency medical transport (i.e., ambulance) services This area is currently served by City of Eugene Fire & EMS Department. After annexation, this section. of ROW will be still be under Eugene/Springfield Fire and EMSjurisdiction. Planning and Development Services Planning and building permit services are provided to the area outside the city limits but within the urban growth boundary by the City of Eugene. This service would continue after annexation. Electric Service -Which electric company will serve this site? EWER has overhead power throughout the proposed annexation area. Attachment CAttachment D Water Service - EWEB has a six-inch pipe in both sections of the ROW that is proposed to be annexed (see included maps for details on the utilities) Solid Waste Solid waste collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Natural Gas NorthwestNatural Gas can extend service to new development in this area Communications A variety of other telecommunications providers offer communications services throughout the Eugene/Springfield Area. Conclusion Based on the above findings, the proposed annexation complies with applicable approval criteria. From a consistency of services and specifically providing law enforcement clear enforcements boundaries standpoint, the annexation of these two sections of River Road is the next logical step. Given that there are sections of River Road further north that have already been annexed, the proposed annexation should be viewed through the lens of completeness and consistency of services, rather than the City attempting to extend its influence. 0 Attachment CAttachment D River Road Annexation Horn Lane to Merry Lane A portion of the Right-of-Way of`River.Road (County Road no. 200)„ located in the Southwest one-quarter of Section 24 in. Township 17 South, Range 4 West of the Willamette Meridian being more particularly, described as follows; Beginning at the centerline intersections of East Hillcrest Drive and River Road (County Road No. 200) said point being North 2°09'54" West 4614.83 feet from the Northeast corner of the West Half of the Prior Blair DLC #39; thence North 15°01'23" West 444.13 feet to a point when extended being the intersection of the centerline of said River Road' and the South Right-of-Way of Horn Lane and also being the TRUE POINT OF, BEGINNING of the herein annexation description; thence leaving said centerline of River Road and run North 88°09'41" West S2.25 feet to the westerly Right-of-Way of said River Road; thence run along the. Westerly Right-of-Way of said River Road, North 15°01'23" West 1462.44 feet; thence leaving said westerly Right-of- Way of River Road and run South 86°S6'10" East 105.65 feet to the Easterly Right-of-Way of said River Road; thence Run along the Easterly Right-of-Way of River Road South 15°01'23" East 1460.20 feet; thence leaving said easterly Right-of-Way of River road and run North 88°09'41" West 104.49 feet to the point of beginning and there ending, all in Lane County, Oregon. Containing 3.39± Acres River Road Annexation Maynard Ave. to Rosewood Ave A portion of the Right-of-Way of River Road (County Road no. 200) located in the Southwest one-quarter of Section 24 in Township 17 South, Range 4 West of the Willamette Meridian being more particularly described as follows; Beginning at the centerline intersections of East Hillcrest Drive and River Road (County Road No. 200) said point being North 2°09'54" West 4614.83 feet from the Northeast corner of the West Half of the Prior Blair. DLC #39; thence North 15°01'23" West 2038.54 feet to a point when extended being the intersection of the centerline of said River Road and the South Right-of-Way of Maynard Avenue; thence leaving said centerline of River Road run, North 87°46'21" West 52.35 feet to the westerly Right-of-Way of said )River Road and being the TRUE POINT OF BEGINNING of the herein annexation description; thence North 15°01'23" West 743.42 feet to the South Right-of-Way line of'Rosewood Avenue; thence leaving said west Right-of-Way line and run South 87°27'1S" East 104.89 feet to the East Right-of-Way line; thence along the East Right-of-Way line of said River Road, South 15°01'23" West 742.81 feet; thence leaving said east Right-of-Way line and run North 87°46'21" West 104.71 feet to the true point of beginning and there ending, all in Lane County,_Oregon. Containing 1.71± Acres Attachment CAttachment D Certification of Description Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the metes and bounds description of the real property proposed for annexation closes; and the map outlining the boundary is a true representation of the description. Signature: Registered Land Surveyor Print-Name: Date: 3 Seal: E Attachment CAttachment D Summary of Urban Service Provision - River Road: Horn to Merry & Rosewood to Maynard This form is intended as a guide to assist applicants in demonstrating that a minimum level of key urban s'ervices can be provided to the area proposed for annexation.. Space is provided on this form for you to provide detailed information on service provision. Please add additional pages if necessary to provide.details of servicing issues related to the area you are annexing. To assist you in providing this information, some contacts are listed below. For large or difficult to serve properties, you may wish to contact a private land use planning consultant to prepare your application. Property Owner(s) Name: Right of Wayfor the City of Eugene, currently owned, operated, and maintained by Lane County Assessor's Map and Tax Lot Numbers for Properties Proposed for Annexation For example: Map 17-03-19-31, Tax Lot 100) Right of Way for the City of Eugene Maps: Horn to Merry: 17-04-24-22, 17-04-24-21; Rosewood to Maynard: 17-04-13-33, 17-04-13-32 Wastewater All new development must connect to the wastewater (sanitary sewer) system. Is wastewater service available to serve the area proposed for annexation? (For more information, contact the Engineering staff at the City of Eugene Permit and Information Center or call 541-682-8400.) The property(ies) in this annexation request: No additional properties are being served by wastewater due to this annexation being Right of Way. Location and size of existing wastewater line: These sections of Lane County Right-of-Way do have an existing 8" PVC wastewater line. running down constructed in 1989, however, this section of WW pipe is already owned and maintained by the City ofEugene. Zero properties will be served by an extension of an existing gravity:wastewater line. Where will a wastewater line be extended from? When will it be extended? By whom? No properties requiring wastewater service are included in this annexation application. This section of Lane County Right of Way does have an existing 8" PVC wastewater line running down constructed in 1989; however, this section of WW pipe is already owned and maintained by the City of Eugene. Attachment CAttachment D Stormwater Currently, both sections of River Road are being served by Lane County Storm water. infrastructure. This includes catch basins, curb inlets, manholes, and storm water lines of various sizes (see included maps for details). As a condition of annexation of these two sections of River Road, the City of Eugene will assume maintenance and operational responsibility for all of the stormwater infrastructure present. Is the site currently served by an approved stormwater system? Yes, the City of Eugene, as part of the annexation the City of Eugene will assume maintenance and operational responsibility for all sections of stormwater infrastructure within the ROW in question for this application. If yes, location? Within the Right-of-Way If no, how will Stormwater be handled after development? Streets - What existing streets provide access to this site. List existing streets that provide access to this site from River Road, the Northwest Expressway, or Beltline Highway. This application is to annex two sections of River Road ROWfrom Chambers to Beltline; at this time, there are no plans to change any access or ingress/egress from these sections. Maynard - Rosewood Section; Howard and East Howard Ave; Horn to Merry: Lindner Lane, Rosetta Ave, Greenleaf Ave, and Sandra Lane. Will dedication for additional street right-of-way be required upon further development of this site? Yes X No Unknown Will existing streets be extended or new streets constructed upon further development of this site? , Yes X No Unknown For more information, contact the City of Eugene Public Works staff at (682-6004.) Parks, Recreation, and Cultural Services Systems Development revenues generated by new development and Ballot Measure 20-30, which authorized the issuance of $25.3 million in general revenue bonds, will help to fund future City park acquisition and development in this area and throughout the city. Please list the parks and recreation facilities that already exist or are planned in the general vicinity of the property(ies) included in this annexation: This is not applicable. The annexation of ROW from Lane County to the City of Eugene will not generate any additional money for the City's general fund. Public Safety Police services Police protection will be extended to this site upon annexation consistent with service provision throughout the city. The impetus for this annexation is to give City of Eugene police unambiguous ROW definitions for consistent enforcement of City laws and traffic regulations. Fire and emergency services This area is currently served by City of Eugene Fire & EMS Department. After annexation, this section of ROW will be still be under Eugene/Springfield Fire and EMS jurisdiction. Attachment CAttachment D Emergency medical transport (i.e., ambulance) services This area is currently served by City of Eugene Fire & EMS Department. After annexation, this section of ROW will be still be under Eugene/Springfield Fire and EMSjurisdiction. Planning and Development Services Planning and building permit services are provided to the area outside the city limits but within the urban growth boundary by the City of Eugene. This service would continue after annexation. Electric Service -Which electric company will serve this site? EWEB has a 6-inch main running through the ROW of Maynard to Rosewood; EWEB has a 6-inch main running through the ROW of Horn Lane to Merry Lane; Water Service - EWEB has a six-inch pipe in both sections of the ROW that is proposed to be annexed (see included maps for details on the utilities) Solid Waste Solid waste collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Natural Gas Northwest Natural Gas can extend service to new development in this area. Communications A variety of other telecommunications providers offer communications services throughout the Eugene/Springfield Area. Attachment CAttachment D Proposed River Road Annexation Sections 1400.11 32 15 ?f~St1 ! + 1 3sf Romewood'Ave 3, 1 2800 t f ' + M a 2 30 E Howard Ave 3100 r0 HowardAve P• lam-/ /•••'l ~ Y 2 Q U) 700 25 0 l T•?T•! N V 00 400 Ma HardAve E Magri rd Ave 700 10 800 Hatton Ave _ 901 E-Hatton-Ave 1000 0 1 1 130 1 Eugene ffl acAve 01 Ann 0 2100 220Q ~znn w 900 6800 6700 6600 6500IF,r .7 2000 2900 2800 2700 260i '0 40 Lindner n 4.0 vtr f T'%""9 8 8000 8 f$0 ?J,r.t:$ '83tib~ 0 8500 s-,f8i-I9 4 G E 400 701 801 901U/M 710 600,E 400 300 101 102 N,.•"'a$~ 'l#f0~ j Greenleaf Av RosettaAve t L. C 3 QiM ~ur.l jru I1203r 1 men amin St 2100 22"~f :/~ ror•.2704F'lT•~ % %lT i r ter, n v>rf": sa n' Legend aProposedAnnexationBuildings CitTEimits 3Streets Taxlots MAR 22017 125 250 Feet ? 00 f ii M1 . om-L-n.. i, June'1 2016 T 7 o I ' ) t' DO 1' 3 3 Y 3900 3700 Arbow Dr t/ r:~ s9oo- 4; s~t0 R6!" Attachment CAttachment D Merry Lane to Horn Lane Stormwater Infrastructure 4601 6200 N A 6 ra 8500 01,111-tea 590561591 f•`r. r 7v' Uu a U 8700 U a U 101 102 r; X59120r, 912 4Ave 5911 661 1 02 Q 68472 68170 U 68169 1203 E/ 1801 1802 2000 2900 2800 2700 IM, IMM 3100 400 ME_-=- 701 1801 U 59122 59062 GreenleafAve - p5~o70 7,159118\1 5906 2100 j-.11 2704 2701 rf ~ 4 G 26/' /00 F7 Legend Ir II Proposed Annexation Easement Deeds Storm Lines ROW Acquisition County Storm Lines ROW Disposal Storm Manhole City Limits Storm Catch Basin Taxlots Storm Other Buildings County Storm Nodes Streets 0 50 100 Feet L I I June 17, 2016 or u 1 VA / 14UU I tf 79 5911 19052 58 Sandra Ln 5 000 3500 59113 66554 6788 5907$ Arbor Dr 60 590 T -r 86900] rrit 0 Attachment CAttachment D Merry Lane to Horn Lane Wastewater Infrastructure 1300 :_:..:.,.......j..........:: r i:F..Cog'.,~•S:i:~?;ti4601 'iaOtr i, , 1801 1802 44007i;i N 11 Merry Lnl 469UU - 4900 11 26t U \ 2000 2400 2800 2700rta U U1111 t j'i,/fl 49137 U ; 6937 EY U 3100 a % 8500 10- 0~111 870 f/'' \1 la G r~~ \1 U 400 701 801 V/ 17, 101 102 r::- U P i "i: 6936 111 49005 I V/1/ Greenea `Ave 49133 111 6 0 U 9983 Rosetta Ave , a i x 1203 1 Benjamin St. X19841 2704 2701 49117 19985 00 Legend n Proposed Annexation City Limits Waste Lines Taxlots Waste Manhole ® Buildings Easement Deeds - Streets ROW Acquisition ROW-Disposal,rJ7-{ 0- _LL501 1100 Feet MAR 28l tie 17,12016 t° vv r 7400 0 780 2100 u Sandra_Ln j / 000 G 3500 j5/~ 11a :G 934 ' 019 111 ~ ' I Arbor Of 6900 Attachment CAttachment D Merry Lane to Horn Lane Water and Electric Infrastructure 4601 6200 N mammaman A t'~i; ~ l ner Ln 8500 1 1801 1 1802 Ln 600 a \u 2000 290' 2800 2700 U •i%.r.;:% U \1I, 3100 I 870 lllJ 1\ 400U 701 101 102 U 8011 11 U ; Greenleaf Ave fit - 1\ > . ~ a •i U \ 1 =T N 0 1203. 111 8600 i11Q { i l U 11 2100 Benjamin St 11 2,.Otr _ E 27012704 SandrazlLn F®RFA ~ 000 ri~//j7r00r 1 JET 1 280 26 1 L 17 f)i rte l Legend E 3500 r===a _ -Proposed Annexation City Limits 1r - EWEB Water Mains Taxlots 34b~/~,U ; jl ;;Ai EWEB Overhead Electric Buildings 1 EWEB Water Valves Streets u 1 ff0 Easement Deeds U29 U ' ROW Acquisition f~r ROW Disposal 0 50 100 Feet Arbor Dr June 17, 2016 C7-6900 c/fHornLnU Attachment CAttachment D Rosewood Avenue to Maynard Avenue Stormwater Infrastructure ssosa Rosew N rll/ Ave ! i 59094 Q CD o. U u Q U u yu U u 59046 U 290 3100 Howard Ave - 59091 68168 8200 9106-1- 7, A/0 8400 100 661 Legend If II Proposed Annexation ROW Acquisition16__Jj Storm Lines ROW Disposal County Storm Lines City Limits Storm Manhole Taxlots County Storm Nodes Buildings Iw . ~TEa"sement Deeds Streets Z~i Ln 2 0 301 60 Feet MAR 2 8 201y - 1unea 171,20169 f E 9 U vv QoQ n 400 g U I66553 Q 67890 \ 59044 \u 59085 6,6 78 59 87 _ 154 t nard Ave\s549o 4500 59086 801 Attachment CAttachment D Rosewood Avenue to Maynard Avenue Wastewater Infrastructure Ro wood Ave 290 3100 M/J 8200 100 Legend II Proposed Annexation City Limits Waste Lines Taxlots Waste Manhole ® Buildings Waste Other Streets Easement Deeds ROW Acquisition ROW Disposal 0 30 60 Feet l I I June 17, 2016 200 300 N c. Maynard Ave 450----------._._. 400 801 91 8400 Attachment CAttachment D 0 N A ITL 290 3100 A H and Ave- Legend L==J! Proposed Annexation City Limits EWEB Water Mains Taxlots EWEB Overhead Electric ® Buildings EWEB Water Valves Streets Easement Deeds ROW Acquisition ROW Disposal 0 30 60„ Feet I I I June 17, 2016 od Avenue to Maynard Avenue r and Electric Infrastructure 8200 1 a U U 11 U 4500 100 200 1 300 400 801 8400 Attachment CAttachment D Attachment D Attachment D At t a c h m e n t E EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of a Resolution Annexing Land to the City of Eugene Identified as Assessor’s Map 17-04-25-13, Tax Lots 2200 and 2300 (Downtown Mini Storage Partnership; A 17-5) Meeting Date: May 22, 2017 Agenda Item Number: 3E Department: Planning and Development Staff Contact: Althea Sullivan www.eugene-or.gov Contact Telephone Number: 541/682-5282 ISSUE STATEMENT This item is a request to annex approximately 0.4 acre of land south of Thomason Lane, into the Eugene City limits. The property is located within the Urban Growth Boundary (UGB) and is contiguous to the City limits. No public right-of-way would be annexed as part of this request. The property is zoned Low-Density Residential with Urbanizable Lands Overlay Zone (R-1/UL) and is designated for Low Density Residential use in the Metro Plan. The applicable refinement plan is the River Road-Santa Clara Urban Facilities Plan, which also designates the property for Low-Density Residential use with a Nodal Development Overlay. Upon approval of the annexation, the base zoning of Low-Density Residential will remain, and the Nodal Development Overlay will automatically be applied. Annexation will allow for future development consistent with the property’s designation and the Eugene Code. Plans for future development of the site are not included as part of this annexation application, and any land division of the property will be subject to a separate, future public process. BACKGROUND To encourage compact urban growth and sequential development within Eugene’s UGB, the Metro Plan provides that ultimately all land within the UGB will be annexed into the City and provided with a minimum level of urban services. Approval of annexation requests are based on the criteria at Eugene Code (EC) 9.7825 which require that (1) the land proposed to be annexed is within the City’s UGB and is contiguous to the City limits or separated from City limits only by a right-of-way or water body; (2) the proposed annexation is consistent with the applicable policies in the Metro Plan and in any applicable refinement plans and (3) the proposed annexation will result in a boundary in which the minimal level of key urban facilities and services can be provided in an orderly, efficient, and timely manner. Findings demonstrating that the annexation request is consistent with these approval criteria are included as Exhibit C to the resolution (Attachment B). To provide nearby property owners and residents an opportunity to review and comment on this annexation request, public notice for this annexation request was provided to all owners and occupants of property within 500 feet of the subject property, and the affected neighborhood association, consistent with Eugene Code requirements. No written testimony has been received as of this date. Referral comments were provided by affected agencies including City of Eugene Public Works, Lane County Public Works, and EWEB. These referral comments confirm that the property can be provided with the minimum level of key urban services consistent with the approval criteria. Given the findings of compliance and lack of testimony received, a public hearing is not recommended in this instance. Additional background information regarding this request, including relevant application materials, is included for reference as Attachment C. A full copy of all materials in the record is also available at the Permit and Information Center located at 99 West 10th Avenue. RELATED CITY POLICIES The Metro Plan contains the policies that are related to this annexation request. The applicable refinement plan is the River Road - Santa Clara Urban Facilities Plan. The policies applicable to this request are addressed in the Planning Director’s findings and recommendation (Exhibit C to Attachment B). COUNCIL OPTIONS City Council may consider the following options: 1. Adopt the resolution 2. Adopt the resolution with specific modifications as determined by the City Council 3. Deny the resolution 4. Defer action until after the council holds a public hearing on the proposed annexation CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council adopt the resolution by finding that the request complies with all applicable approval criteria, and that the annexation be approved. SUGGESTED MOTION Move to adopt Resolution No. _________, which approves the proposed annexation request consistent with the applicable approval criteria. ATTACHMENTS A. Vicinity Map B. Annexation Resolution with Exhibits A through C Exhibit A: Map of Annexation Request Exhibit B: Legal Description Exhibit C: Planning Director Findings and Recommendation C. Application Materials for Annexation Request FOR MORE INFORMATION Staff Contact: Althea Sullivan Telephone: 541/682-5282 Staff E-Mail: althea.c.sullivan@ci.eugene.or.us Caution:This map is based on imprecisesource data, subject to change,and for general reference only. Downtown Mini Storage Partnership (A 17-5) Legend Subject Property City Limits Taxlots R I V E R R D THOMASON LN CROCKER LN FIR LN HOLEMAN AVE BRIARCLIFF DR CH A M B E R S S T R A I L R O A D B L V D N P I E R C E S T E BRIARCLIFF LN L O M B A R D S T CR O S S P L HOLEMAN ALY ´ May 2017 0 500 1000250Ft EUGENE^_ Subject Property Subject Property UGB A V A S T Resolution - Page 1 of 2 RESOLUTION NO. _____ A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (PROPERTY IDENTIFIED AS ASSESSOR’S MAP 17-04-25-13, TAX LOTS 2200 AND 2300). The City Council of the City of Eugene finds that: A. An annexation application was submitted on March 7, 2017, by Donald C. McRae on behalf of Downtown Mini-Storage LLC, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”) for annexation to the City of Eugene of the property identified as Assessor’s Map 17-04-25-13, Tax Lots 2200 and 2300. B. The property proposed to be annexed is depicted on the map attached as Exhibit A to this Resolution. The legal description of the property proposed to be annexed is attached to this Resolution as Exhibit B. C. The City’s Planning Director has submitted a written recommendation that the application be approved based on the criteria of EC 9.7825. The Planning Director’s Findings and Recommendation is attached as Exhibit C. D. On April 21, 2017, a notice containing the street address and assessor’s map and tax lot number, a description of the land proposed to be annexed, and the Planning Director’s preliminary recommendation was mailed to the applicant, owners and occupants of property within 500 feet of the subject property, and the River Road Community Organization. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on May 22, 2017. E. After considering the Planning Director’s recommendation, the City Council finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings and the Planning Director’s Findings and Recommendation attached as Exhibit C which are adopted in support of this Resolution, it is ordered that the land identified as Assessor’s Map 17-04-25-13, Tax Lots 2200 and 2300, depicted on the map attached as Exhibit A, and described in the attached Exhibit B, is annexed to the City of Eugene. Attachment B Resolution - Page 2 of 2 Section 2. This Resolution is effective immediately upon its passage by the City Council. The annexation and automatic rezoning of the land from R-1/UL to R-1/ND pursuant to EC 9.7820(3) shall become effective in accordance with State law. The foregoing Resolution adopted the ___ day of May, 2017. ______________________________________ City Recorder Attachment B Attachment B Legal Description for the Annexation of a portion of the Downtown Mini-Storage Property to the City of Eugene NE 1/4 SEC. 25 T 17 5,12 4 W W.M. Assessor's Map No. 17-04-25-13, TL No.'s 2200 & 2300 March 2, 2017 Beginning at a point 352.4 feet East and 224.7 feet South 00°27' West of a point on the East line of County Road No. 200 (now Pacific Highway), said point on the East line of said County Road being due West of a point 11.30 chains South 00°27 West of the Northeast corner of the Prior F. Blair D.L.C. No. 39 in Township 17 South, Range 4 West of the Willamette Meridian, also 11.66 chains South 7°40' East of the intersection of the East line of the Pacific Highway with the north line of said D.L.C. No. 39 as marked in County Survey No. 609 recorded in Book 2, Page 95 Record of Surveys in Lane County Oregon, the said intersection point being according to said County Survey 47.44 chains East of the Northwest corner of the claim; thence running East 50.00 feet; thence South 00°27' West 174.50 feet; thence West 50.00 feet; thence North 00°27' East 174.50 feet to the point of beginning, all in Lane County Oregon. (TL No. 2200) ALSO: Beguiling at a point 402.4 feet East and 224.7 feet South 00°27 West of a point on the East line of County Road No. 200 (now Pacific Highway), said point on the East line of said County Road being due West of a point 11.30 chains South 00°27' West of the Northeast corner of the Prior F. Blair D.L.C. No. 39 in Township 17 South, Range 4 West of the Willamette Meridian, also 11.66 chains South 7°40' East of the intersection of the East line of the Pacific Highway with the north line of said D.L.C. No. 39 as marked in County Survey No. 609 recorded .in Book 2, Page 95 Record of Surveys in Lane County Oregon, the said intersection point being according to said County Survey 47.44 chains East of the Northwest corner of the claim; thence running East 50.00 feet; thence South 00°27' West 174.50 feet; thence West 50.00 feet; thence North 00°27' East 174.50 feet to the point of beginning, all in Lane County Oregon. (TL No. 2300) Attachment B Downtown Mini Storage partnership (A 17-5) April, 2017 Page 1 Exhibit C Planning Director’s Findings and Recommendation Annexation Request for Downtown Mini Storage Partnership (City File A 17-5) Application Submitted: March 7, 2017 Applicant: Downtown Mini Storage Partnership Location: South of Thomason Lane Property Included in Annexation Request: Tax Lot(s) 2200 and 2300 of Assessor’s Map 17-04-25-13 Zoning: Low-Density Residential (R-1) with Urbanizable Lands overlay (/UL) Surveyor: Jonathan A. Oakes Lead City Staff: Althea Sullivan, City of Eugene Planning Division, 541-682-5282 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) The land proposed to be annexed is within the city’s urban growth boundary and is: (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: As shown in the application materials and confirmed by City staff, 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 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) YES NO Attachment B Downtown Mini Storage partnership (A 17-5) April, 2017 Page 2 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). The Metro Plan designates the annexation area as appropriate for Low Density Residential use. The River Road – Santa Clara Urban Facilities Plan (RR/SC UFP) is the adopted refinement plan for the subject property. An ordinance in 2003 amended the RR/SC UFP, designating properties as part of a Nodal Development area (see Council Ordinance No. 20289). The subject site was included in this area and is designated to have a Nodal Development Overlay (/ND). Upon approval of the annexation, the base zoning of R-1 Low Density Residential will remain, and the /ND overlay will automatically be applied in accordance with EC 9.7820(3); however, the /UL Urbanizable Lands overlay will be automatically removed. With regard to applicable policies of the RR/SC UFP, none of the general “Residential Land Use Policies” appear to be directly applicable to the subject request. The “Public Facilities and Services Element” policies of 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 discussed in this subsection, and further detailed under subsection (3) below, the proposed annexation is consistent with the 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. 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, efficient, and timely manner as detailed below: Wastewater Public wastewater service is available within Thomason Lane. Public Works notes that an “On Hold” wastewater equivalent assessment will become due upon development of the parcels. YES NO Attachment B Downtown Mini Storage partnership (A 17-5) April, 2017 Page 3 Stormwater Public Works notes that public stormwater systems are not available to serve the subject property, however, there are options for complying with stormwater standards which will be further evaluated at the time of future development. Transportation The property abuts Thomason Lane to the north, which is under the jurisdiction of Lane County. Street improvements will be determined at the time of property development. A referral was received from Lane County which encouraged the City to include Thomason Lane with the annexation request. In this case, the site is located in the RR/SC UFP area, and according to EC 9.7815 the City may not modify an application to include right-of-way if it would cause unincorporated property to be surrounded as described by ORS 222.750. As an inclusion of the right-of-way would create the situation previously described, no right-of-way is included in this annexation. 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 EWEB Water staff and Electric staff state no objection to the proposed annexation. Water and electric services can be extended in accordance with EWEB policies and procedures. 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 the City of Eugene Fire Department. 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 Parks and recreation programs are provided on a City-wide basis. The inclusion of the subject property in the City is sufficient evidence to demonstrate the minimum level of this key urban service is met. 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 providing a minimum level of this key urban service. Attachment B Downtown Mini Storage partnership (A 17-5) April, 2017 Page 4 Public Schools The subject property is within the Eugene 4J school district. As access to schools is evaluated on a district wide basis, the property’s location within the school district is sufficient evidence to demonstrate the minimum level of this key urban service is met. 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. Attachment B March 6, 2017 ANNEXATION APPLICATION Property Location: Map 17-04-25-13, tax lot 02200 and 02300 Thomason Lane, Eugene, OR 97402 Owner: Downtown Mini Storage Partnership 1475 Railroad Blvd Eugene, OR 97402 Ap licant: same as owner Contact: Don McRae, managing partner 541)579-5089; donmerael23@gmail.com WRITTEN STATEMENT I. INTRODUCTION AND BACKGROUND 1. Description of subject property: The subject properties, each 8,725 square feet (approximately 0.2 acres) in size, are designated by the Metro Plan as Low Density Residential. They are zoned R-1 Low-Density Residential with the UL/urbanizable land overlay. Both lots are currently vacant and undeveloped, primarily covered in mowed grass. Both lots are adjacent to the city limits on their southern boundaries. Unless otherwise noted, these two lots will be referred to as "the subject property" in the remainder of this narrative. The subject property is highlighted in red in the following image: Page 1 Attachment C 2. Summary of land use request: The applicant requests to annex the subject property, such that the /UL overlay will be removed. 3. Application Contents The information requirements for an annexation application are stated at EC 9.7810(1) through 10). The application form page 2 lists all the required information. That information has been compiled here, as reflected in the check boxes on the application form. 4. Criteria for approval of annexation application: EC 9.7825 provides the primary criteria applicable to an annexation application. This code section refers to additional criteria (such as applicable Metro Plan policies) that will need to be addressed as well. EC 9.7825 Annexation -Approval Criteria. The city council shall approve, modify and approve, or deny a proposed annexation based on the application's consistency with the following: 1) The landproposed to be annexed is within the city's urban growth boundary and is: a) Contiguous to the city limits; or b) Separatedfrom the city only by a public right ofway or a stream, bay, lake or other body ofwater. Applicant's proposed finding: the subject property is within the city's UGB. The subject property is immediately contiguous with city limits on its southern boundary. The following image is a detail taken from the city's unofficial web-based zoning map. The heavy black line is the city limits. (The UGB is not depicted in this detail of the zoning map, as it is located a considerable distance to the north.) LHOL Page 2 Attachment C 2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. " Applicant's proposed findine: The Metro Plan Policy 10, page 11-C-4, recognizesannexationsthroughthisnormalprocesstobethehighestpriority. As such, the proposalisconsistentwiththispolicy Metro Plan Policy 8, page 11-C-4, provides for annexation when a minimum level of key facilities and services can be provided. This policy is the subject ofthe annexation standard in (3) below. Metro Plan Policy 16 provides that land within the UGB shall be annexed to a cityandprovidedwiththeminimumlevelofurbanfacilitiesandservices. It further providesthatwhilethetimeframeforannexationmayvary, annexation should occur as land transitions from urbanizable to urban. The property is within the UGB and therefore,based on this policy, should be annexed. The provision of facilities and services is addressed in standard (3) below. The property is designated LDR and zoned R-1/UL. Following approval ofthe annexation request, the /UL overlay will be automaticallyremoved. Metro Plan Policy 18 is instructional to the City to dissolve special service districts after annexation and to consider intergovernmental agreements with affected special service districts. The applicant does not object to dissolving special service districts, as needed. The proposal is consistent with Policy 18. 3) The proposed annexation will result in a boundary in which the minimum level ofkey urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner. " Applicant's proposed finding: The Metro Plan defines the "Minimum Level" of "key urban facilities and services" as including: wastewater service, stormwater service, transportation, solid waste management, water service, fire and emergency medical services, police protection, city-wide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district-wide basis (in other words, not necessarily within walking distance of all students served)." Each ofthese facilities and services is addressed below. In summary, the minimum level of key urban facilities and services is either immediatelyavailableorcanbeprovidedwithinareasonablefuturetimeframeasneeded. Page 3 Attachment C Wastewater services: Thomason Lane is currently served by sanitary sewer. Currently,there is an 8-inch public wastewater line in the Thomason Lane ROW, adjacent to the subject property. This is shown on page 95 of the Wastewater and Stormwater Infrastructure Map Book 2013, and included as exhibit A. Therefore, this key urban facility already serves the subject property. Stormwater services: As shown in the Infrastructure Map Book described above, there is a 10-inch stormwater line in western portion of Thomason Lane. If this key urban facilityneededtobeextendedfortheentirelengthofThomasonLane, it could be done so in an orderly manner, simply by tying into the existing stub. It is unclear if additional stormwater plumbingwouldeverbeneededtoservethisneighborhood, as the property sits on alluvial gravel depositsanditenjoysexcellentsoilpercolationwithnostornwaterdrainageissues. Therefore, the subject property is already served with this type of key urban facility, which could also be extended further if needed. Transportation: The property is a short distance from River Road to the west, which connects to major streets and arterials, including Northwest Expressway, Chambers St. and local streets, including Railroad Blvd, which becomes W. 1St Ave. Therefore, the subject property is already served with this type of "key urban facility." Solid Waste Management: Private firms and individuals collect and transport solid waste to the Lane County administered landfill. Therefore, the subject property is already served with this type of "key urban facility." Water Service: Water is available from EWEB main lines in River Road. Therefore, the subject property is already served with this type of "key urban facility." Fire and emergency medical services: According to RLID, fire protection is currentlyprovidedbytheEugene-Springfield Fire and EMS. Upon annexation, the City of Eugene will provide services directly to the property. Therefore, the subject property is already served with this type of "key urban facility." Police Protection: Police protection will be provided by Eugene, which currentlyservicesotherpropertiesinsidethecity. After annexation this property will receive policeservicesonanequalbasiswithallpropertiesinsidethecity. Therefore, the subject property is can be served with this type of "key urban facility." City-wide parks and recreation programs: Park services are already provided to this area, consistent with the Metro Plan. The subject property is within the River Road Parks and Recreation District. According to Lane County's GIS maps, there are 7 parks within one mile of the subject property: Raisor, Trainsong, Maurie Jacob. Sladden, Scobert, Washington Jefferson, and Skinner Butte parks. Therefore, the subject property is already served with parks. Electric Service: The adjacent properties are served by EWEB, and service can be extended to the subject property. Page 4 Attachment C Land Use Controls: The subject property is now, and after annexation will continue to be, subject to the land use controls of the City of Eugene. Communication Facilities: Land line phone service, cellular phone and data service, and cable television are available in the area, and can be extended to the subject property. Public schools on a district-wide basis: The Eugene 4J School District serves the annexation area. Existing schools are: River Road elementary, Kelly middle school, and North Eugene High Schools Page 5 Attachment C Attachment C Summary of Urban Service Provision This form is intended as a guide to assist applicants in demonstrating that a minimum level of key urban services can be provided to the area proposed for annexation. Space is provided on this form for you to provide detailed information on service provision. Please add additional pages if necessary to provide details of servicing issues related to the area you are annexing. To assist you in providing this information, some contacts are listed below. For large or difficult to serve properties, you may wish to contact a private land use planning consultant to prepare your application. Property Owner(s) Name: C~cwnGEt-ie~ ( i(~ -So~age Aer,'~~'tP Assessor's Map and Tax Lot Numbers for Properties Proposed for Annexation For example: Map 17-03-19-31, Tax Lot 100) Mai (7-py-2t-k'3 -r61-1XLC+0),7&0 1\/\ (7 - 0 `I - t 3 l G~k Lai 0 'a 00 Wastewater All new development must connect to the wastewater (sanitary sewer) system. Is wastewater service available to serve the area proposed for annexation? (For more information, contact the Engineering staff at the City of Eugene Permit and Information Center or call 541-682-8400.) The property(ies) in this annexation request: A will be served from an existing gravity wastewater line. Location and size of existing wastewater line: U) at(f (A e- will be served by an extension of an existing gravity wastewater line. Where will a wastewater line be extended from? When will it be extended? By whom? Stormwater Site plans for all new development must provide for drainage to an approved system consistent with the Comprehensive Stormwater Management Plan. City approval for storm drainage will be required as part of the development process. (For more information, contact the Engineering staff at the City of Eugene Permit and Information Center or call 541- 682-8400.) Is the site currently served by an approved stormwater system? tt a 1 of 4 Attachment C If yes, location? If no, how will stormwater be handled after development? - 6 f\ - Si~-C dtrZ Wel( fiJLXfe ~XT~r1St~~1 c7 (air S~c(t~lwn~N~ 1~1c ~h u)~-Aerr" PC,ii c;- I i\0 Ma-5cs;~ Carte Streets - What existing streets provide access to this site. List existing streets that provide access to this site from River Road, the Northwest Expressway, or Beltline Highway. I h y Y)10, -S0 e\ L a Ae Will dedication for additional street right-of-way be required upon further development of this site? Yes _X No Unknown Will existing streets be extended or new streets constructed upon further development of this site? Yes X_ No Unknown For more information, contact the City of Eugene Public Works staff at (682-6004.) Parks, Recreation, and Cultural Services Systems Development revenues generated by new development and Ballot Measure 20-30, which authorized the issuance of $25.3 million in general revenue bonds, will help to fund future City park acquisition and development in this area and throughout the city. Please list the parks and recreation facilities that already exist or are planned in the general vicinity of the property(ies) included in this annexation: °7 j~rR r 5 w ; { k r. c~ w•; P. ~'~us°, cir5br, /~"ui>15drtQ i ~duc`t~--lclea~, .5`ac~c~e~r Key services, defined by the Metropolitan Plan as parks and recreation programs, will be available to new city residents in this area on an equal basis with residents throughout the city. Public Safety Police services - Police protection can be extended to this site upon annexation consistent with service provision throughout the city. 2 of 4 Attachment C For River Road/Santa Clara area- Police services - Police protection can be extended to this site upon annexation consistent with service provision throughout the city. Police currently travel along River Road to provide service to areas throughout the River Road and Santa Clara area. Infill annexations and development in this area will increase the efficiency of service delivery to this area. Fire and emergency services (Please indicate which fire district serves subject property.) Santa Clara - Fire protection services are currently provided to the subject property by the Santa Clara Rural Fire Protection District. River Road - Fire and emergency services - Fire protection is currently provided to the subject property by the River Road Water District under contract with the City of Eugene. Upon annexation, fire protection will be provided directly by the City of Eugene Fire & EMS Department. Emergency medical transport (i.e., ambulance) services are currently provided on a regional basis by Eugene, Springfield, and Lane Rural Fire/Rescue to central Lane County, including the River Road and Santa Clara areas. After annexation, this service will continue to be provided by the current provider. All ambulance service providers have mutual aid agreements and provide back-up service into the other providers' areas. Planning and Development Services Planning and building permit services are provided to the area outside the city limits but within the urban growth boundary by the City of Eugene. This service would continue after annexation. EWEB (Eugene Water and Electric Board) currently provides water and electric service in the Eugene area and can provide service to new development in the River Road and Santa Clara area upon annexation. Some properties in northern Eugene receive electric service from EPUD Emerald People's Utility District). Some properties in south Eugene receive electric services from the Lane Electric Cooperative; please note if this is the case for your property. For more information contact EWER, ph. 484- 2411, EPUD, ph. 746-1583 or Lane Electric Co-op, 484-1151. Electric Service -Which electric company will serve this site? Water Service Please provide the size and location of the water main closest to your property. try!C13 +ev ne n I Kow,as6 v\ LaAE Solid Waste Solid waste collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. 3 of 4 Attachment C Natural Gas Northwest Natural Gas can extend service to new development in this area. Communications US West Communications and a variety of other telecommunications providers offer communications services throughout the Eugene/Springfield Area. 4 of 4 Attachment C Consent to Annexation Consent is hereby given to the annexation by the City of Eugene, Oregon of the following described real property: Map and Tax Lot: 17-04-25-13-02200 Address: 17-04-25-13-02300 Legal Description: See Attached: Legal Discription for The Annexation of a portion of the Downtown Mini-Storage Property to the City of Eugene in the corporate limits of said city, which is owned by the undersigned DATED this day of , 20 Downtown Mini-Storage Partnership Donald C. McRae, managing partner STATE OF OREGON ) ss County of ) On this 7 1~ day of f~l W> 20 17 , before me, the undersigned, a notary public in and for the said county and state, personally appeared the within-named, who is known to me to be the identical individual described herein and who executed the same freely and voluntarily. Seal: OFFICIAL STAMP SUSAN GALE STOVALL NOTARY PUBLIC,-OREGON COMMISSION NO. 941858 MY COMMISSION EXPIRES AUGUST 18, 2019 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for Oregon My Commission Expires Attachment C G O WU ° a ~ GJ - GJ ~ L Z E- 0 ro L m P C W ."OaC x c 4+ c a Q i O 4 U aj O Q) 0 U O N s v C O tw C O U II bA C w U C Q L') O i 00 U D I It V~j Oo 0 0 N Q 3E•C U 3 v v U -a o 0 0 o 3 v o f6 j U V O a i I II I I u U U w 0 NrL J v v j N 0 o a o N E O ev Z o r fn c ~j tr.ra3 Q E x i N v 1. n j U O tj u V Cu v t J N v r"i l(l L u, E a 1C r~ fJ o U ~o O i U U OO c v Q C a 4 h A 3 v z - x C 0 x x H c c v E aJ Q 0 ro Q v c L U E U cu I' Ili c in 70 0 u N U r6 ~ Q)C D_ N ~ ~ L C f2 L U i a 0 ~ v a O u Q C3v a c o E v avtIlia) Ln Q-C '6 -Q O rn O 4J r^ O Ln U N O j a! L')Q O O 0-N O C o U OJ QJX cu v O C CXV1 Lu z 0 ti 5 O Qv yyV Q Q O O i OJ CAZ L'i C CWLUvO0. O c o D- 3 - a) O a L 0 c 0 U n,LL u O a ° u a Q k LL o h C"-ol r°x oW U o Q) 7 rot0 C bA I O_ au in O N V -p c O N U r(`, U O U ~ Y L o 0 C ~ O ~ r x O ~ C ~ C Q ru QJ C Q) aJ 00 0o_ o a Q C d4 L ~ ra QJ o J O F- C U Z Lu a) J •1~ C W U LL c o C Z a) 0 O > t Q f6 a U ra v LL s H Q O aw -C tuF- + 2 Attachment C Certification of Description Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the metes and bounds description of the real property proposed for annexation closes; and the map outlining the boundary is a true representation of the description. Signature:c9'3 • oz - Zv i'1 Registered Land Surveyor Date Print Name: - a µ Ar7~ t'4* ^ Seal: ERwai;-rz#tuD PROP'ESSIONAL» L AND SUSURVEYOR Coaten3ULY1!, M4 l~i~tATHAN A. OAKES Attachment C Legal Description for the Annexation of a portion of the Downtown Mini-Storage Property to the City of Eugene NE 1/4 SEC. 25 T 17 S, R 4 W W.M. Assessor's Map No. 17-04-25-13, TL No.'s 2200 & 2300 March 2, 2017 Beginning at a point 352.4 feet East and 224.7 feet South 00°27' West of a point on the East line of County Road No. 200 (now Pacific Highway), said point on the East line of said County Road being due West of a point 11.30 chains South 00°27' West ofthe Northeast corner of the Prior F. Blair D.L.C. No. 39 in Township 17 South, Range 4 West of the Willamette Meridian, also 11.66 chains South 7°40' East of the intersection of the East line of the Pacific Highway with the north line of said D.L.C. No. 39 as marked in County Survey No. 609 recorded in Book 2, Page 95 Record of Surveys in Lane County Oregon, the said intersection point being according to said County Survey 47.44 chains East of the Northwest corner of the claim; thence running East 50.00 feet; thence South 00°27 West 174.50 feet; thence West 50.00 feet; thence North 00°27' East 174.50 feet to the point of beginning, all in Lane County Oregon. (TL No. 2200) ALSO: Beginning at a point 402.4 feet East and 224.7 feet South 00°27' West of a point on the East line of County Road No. 200 (now Pacific Highway), said point on the East line of said County Road being due West of a point 11.30 chains South 00°27' West ofthe Northeast corner of the Prior F. Blair D.L.C. No. 39 in Township 17 South, Range 4 West of the Willamette Meridian, also 11.66 chains South 7°40' East of the intersection of the East line of the Pacific Highway with the north line of said D.L.C. No. 39 as marked in County Survey No. 609 recorded in Book 2, Page 95 Record of Surveys in Lane County Oregon, the said intersection point being according to said County Survey 47.44 chains East of the Northwest corner of the claim; thence running East 50.00 feet; thence South 00°27' West 174.50 feet; thence West 50.00 feet; thence North 00°27' East 174.50 feet to the point of beginning, all in Lane County Oregon. (TL No. 2300) Attachment C Cl) LULn N Z N LL LU C N~LL U) n r T C 7NO °o U II W c Cn M It J Lq Z Cn 0 a rzz NOyo m~ ag 0 S LL co Za"w N54O Ll Iw3a sa oo ~ ooo~355 M° na N ~ i n ww~ QNzrvvWo tea-.~-•3llNahy30151J3~ITJ)'y 133211S NIOd I c ~ m I oUa U U m .w. s SNP I y~Q ry e rv° °mi N 1 m...as r,I bra oQ qm r 16,ov m q E p a a na `^'o 3 i e` c' kBBS ~BBB9r ~3~Vld D21 Is Y'U Iaialo P } CZ T rytfa O a~^ [ a vUl mmVc'1U E a °ewe 7 I em a l oa I/ aror n 3 in°k n I E EN M e s v.c x ° + u.w ns g m °aaN'ry gv91 1 I R f o v u i r a mg V - " tl31tlA31~ 2 l01~3NNO~SJ39WVN'~ n.v Attachment C FA05 TIT CASCADE ESCROW ATTN: MELISSA MITCHELL 811 WILLAMETTE STREET EUGENE, OR 97401 February 16, 2017 Report No: 0299943 Your No: EU17-0343 Seller: DOWNTOWN MINI Buyer: PEARLSON PRELIMINARY REPORT FOR: Owner's Standard Policy PREMIUMS: Owner's Standard Premium Gov. Lien/Inspect Fee STORAGE PARTNERSHIP 120,000.00 500.00 35.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(ies) of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described as follows: A T T A C H E D) Vestee: PRELIMINARY TITLE REPORT DOWNTOWN MINI STORAGE PARTNERSHIP Estate: FEE SIMPLE DATED AS OF: FEBRUARY 07, 2017 at 8:00 A.M. Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions): 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. No liability is assumed hereunder until policy has been issued andfullpolicy premium has been paid. MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE 811 WILLAMETTE ST. 715 HWY 101 * FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP SUITE 100 EUGENE, OREGON 97401 MAILING: PO BOX 508 * FLORENCE, OREGON 97439 EUGENE, OREGON 97401 PH: (541) 687-2233 * FAX: (541)485-0307 PH: (541) 997-8417 * FAX: (541)997-8246 PH: (541) 653-8622 * FAX: (541) 844-1626 E-MAIL: INFOgCASCADETITLE.COM E-MAIL: FLORENCE@CASCADETITLE.COM E-MAIL: VILLAGEPLAZAnaCASCADETITLE.COM Attachment C Order No. 0299943 Page 2 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: 6. City Lien, "ON HOLD" as levied by the City of Eugene, Account ID No. 15708, Master Project No. 1991-01003, Job No. 93002649, in the preliminary amount of $0.00. (Tax Lot 2200) 7. City Lien, "ON HOLD" as levied by the City of Eugene, Account ID No. 15709, Master Project No. 1991-01003, Job No. 93002649, in the preliminary amount of $0.00. (Tax Lot 2300) 8. Easement, including the terms and provisions thereof, granted to City of Eugene, by instrument recorded February 25, 1914, Reception No. B105 P034, Lane County Oregon Deed Records. 9. Rights of the State Land Board as to mineral and geothermal resources as provided by ORS 273.775 to 273.790. 10. A copy of the Partnership Agreement of Downtown Mini Storage Partnership should be furnished to Cascade Title Company for the purpose of ascertaining partners authorized to execute on behalf of the partnership. NOTE: Taxes, Account No. 0437382, Assessor's Map No. 17 04 25 1 3, 42200, Code 4-12, 2016-2017, in the amount of $429.36, PAID IN FULL. Taxes, Account No. 0437390, Assessor's Map No. 17 04 25 1 3, 42300, Code 4-12, 2016-2017, in the amount of $429.36, PAID IN FULL. NOTE: A judgment search has been made on the above named Vestee (s) , and we find NONE except as set forth above. NOTE: As of the date hereof, there are no matters against NIR PEARLSON, which would appear as exceptions in the policy to issue, except as shown herein. NOTE: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Attachment C Order No. 0299943 Page 3 This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. Cascade Title Co. bw: Title Officer: KURT BEATY Cc: WINDERMERE REAL ESTATE/LANE COUNTY ATTN: ED ST CLAIR, JR. Cc: WINDERMERE REAL ESTATE/LANE COUNTY ATTN: KRISTENA COX/JUSTIN SCHMICK Cc: DOWNTOWN MINI STORAGE PARTNERSHIP Attachment C Order No. 0299943 Page 4 PROPERTY DESCRIPTION A parcel of land lying in the Prior F. Blair Donation Land Claim No. 39, Township 17 South, Range 4 West, Willamette Meridian, Lane County, Oregon and being that property described in those deeds to Jesse J. and Mary H. Hooper, recorded in Book 268, Page 177 and in Book 327, Page 292, Lane County Oregon Deed Records; the said parcel being described as follows: Beginning at a point 352.4 feet East and 224.7 feet South 27' West of a point on the East line of the County Road No. 200 (now Pacific Highway) said point on the East line of said County Road being due West of a point 11.30 chains South 27' West of the Northeast corner of the Prior F. Blair Donation Land Claim No. 39, Township 17 South, Range 4 West of Willamette Meridian, Lane County, Oregon, also 11.66 chains South 7° 40' East of the intersection of the East line of the Pacific Highway, with the North line of said Donation Land Claim as marked in County Survey No. 609, recorded in Book 2, Page 95, Record of Surveys, in Lane County, Oregon, the said point of the intersection being according to said County Survey 47.44 chains East of the Northwest corner of the claim and running thence from the above named beginning point East 50 feet; thence South 27' West 174.5 feet; thence West 50 feet; thence North 27' East 174.5 feet to the place of beginning, in Lane County, Oregon. ALSO beginning at a point 402.4 feet East and 224.7 feet South 27' West of a point on the East line of the County Road No. 200 (now Pacific Highway) said point on the East line of said County Road being due West of a point 11.30 chains South 27' West of the Northeast corner of the Prior F. Blair Donation Land Claim No. 39, Township 17 South, Range 4 West of Willamette Meridian, Lane County, Oregon, also 11.66 chains South 7' 40' East of the intersection of the East line of the Pacific Highway, with the North line of said Donation Land Claim as marked in County Survey No. 609, recorded in Book 2, Page 95, Record of Surveys, in Lane County, Oregon, the said point of intersection being according to said County Survey 47.44 chains East of the Northwest corner of the claim and running thence from the above named beginning point East 50 feet; thence South 27' West 174.5 feet; thence West 50 feet; thence North 27' East 174.5 feet to the place of beginning, in Lane County, Oregon. Attachment C ONE=Imr. IBM= CASCADE TITLE CO. MAP NO. 17-04-25-13 F 1A Ff^`i SW L'p`gF liF o Sol 2600 2 A THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES, LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON. Attachment C At t a c h m e n t C AM WPIanning ANNEXATION Please complete the following application checklist. Note that additional information may be required upon further review in order to adequately address the applicable criteria for approval. If you have any questions about filling out this application, please contact Planning staff at the Permit and Information Center, phone (541)682-5377, 99 West 10"' Avenue, Eugene. List all Assessor's Map and Tax Lot numbers of the property included in the request. Assessor's Map Tax Lot Zoning Acreage 17042513 2200 R-1/UL 0.2 17042513 2300 R-1/UL 0.2 i i Property Address: N/A Plans for Future Development & Permit Number (if applicable): N/A Public Service Districts: Name. Parks: Electric: River Road Park and Recreation District Water: I Sanitary Sewer Eugene-Springfield Metropolitan Wastewater Management Commission Fire: Schools: Eugene/Springfield Fire & EMS Elementary: River Road Middle: Kelly High: North Eugene Other: Filing Fee A filing fee must accompany all applications. The fee varies depending upon the type of application and is adjUsted periodically by the City Manager. Check with Planning staff at the Permit and Information Center to determine the required fee or check website at www.(W ene lammn .org Written Statement (Submit 5 copies) Submit a detailed written statement describing how this request is consistent with all applicable criteria (Section 9.7825 of the Eugene Code). Planning & <7eveloprnent a Updated March 2014~ Planning Division 99 W. 10T11 AVeiUe, Eugene, OR 97401. Phone: 541.682.5377 or E-maiLeilgeneplanning@ci.eugene.or.us Pace 1 of 4 Attachment C Site Plan Requirements Submit 3 paper copies and 1 digital copy of a site plan, drawn to an engineer's scale on 8 'z" x 14" sheet of paper. Site plans shall include the following information: e Show the date & north arrow on site plan. Show the Assessor's Map and Tax Lot number(s) on the site plan. d Show a vicinity map on the site plan (vicinity map does not need to be to scale). Show city limits & UGB (if applicable) d Clearly label the affected territory and any public right of ways to be annexed. IZJ Show all adjacent streets, alleys, and accessways. Show all dimensions of existing public utility easements and any other areas restricting use of the parcels, such as conservation areas, slope easements, access easements, etc. f Show the location of all existing structures. Other Application Requirements (Submit 3 paper copies and 1 digital copy of all) Petition for Annexation form listing all owners, including partial owners, and electors. This form includes the Certification of Electors which must be signed by the Lane County Elections/Voter Registration Department and also includes the Verification (Certification) of Property Owners which must be signed by the Lane County Department of Assessment and Taxation. This form is required even if the land is vacant. Notarized Consent to Annexation form. A legal description of the land proposed for annexation, including any public right of way prepared by a registered land surveyor, Oregon Revised Statues (ORS) 308.225 requires submittal of a closing metes and bounds description or subdivision block and lot number description. Please see example of acceptable legal descriptions contained in the application packet. The legal description must exactly correspond with the map included with the application or the Assessor's map. 5 Summary of Urban Service Provision form. A county Assessor's cadastral map. (Available at Lane County Assessment & Taxation) 2 Census Information Sheet. Note: This is not a complete list of requirements. Additional information may be required after further review in order to adequately address the applicable approval criteria. gianning & Development Updated: March 20111 Planning Division 99 W. 10'" Avenue, Eugene, OR 97401 Phone: 541.6:32.5377 or E mail:(,,.tagei)epl inning@ci.eugent ,or.us Par- . 2 crr 4 Attachment C By signing, the undersigned certifies that he/she has read and understood the submittal requirements outlined, and that he/she understands that omission of any listed item may cause delay in processing the application. I (We), the undersigned, acknowledge that the information supplied in this application is complete and accurate to the best of my (our) knowledge. PROPERTY OWNER OF TAX LOT: 2200 and 2300 Name (print): Downtown Mini Storms- ~ i5, ~ N" ti Address: 1475 Railroad Blvd Email: lynnlding@gmail.com donmct-ae123C~gmail.com City/State/Zip: Eugene, OR 97402 t -,I i L Phone: ' i l .a` \ , Signature: PROPERTY OWNER OF TAX LOT: Date: 7 - 1 / `7 Name (print): Address: Email: City/State/Zip: Phone: Fax: Signature: Date: PROPERTY OWNER OF TAX LOT: Name (print): Add ress: City/State/Zip: Signature: SURVEYOR: Email: Phone: Fax: Date: Name (print); Company/Organization. C; t''•r'i r i1 c= t C'.' Address ~t>` t1 "i( 1 City/State/Zip: Phone: :a <,;S q -x.1.7 Fax:1 ( / E-mail: c: r t a.? c ' Signature: ~ t r Date: (L'5 -'D 7-0o Planning & Development Updated. Mai ch 2011 Planning Division 99 \V..10'" Avenue, Eugene, OR 97 101 Phone: 541.682.5377 or E m~~il:eugenepianning ci.etagenaor,us Pa,>,, 3 o' 4 Attachment C REPRESENTATIVE (If different from Surveyor): Name (print): D'~' n t c r~`(` r1 c. r_ Company/Organization: 0 u (41kC-~- s Address: / )17C, kCrifi`v l City/State/Zip: 1` 11 (~1 17 2 Phone:?;' 1 "r y • a Fax: E-mail: r~pV1C i ` t Z 3 0~i ~t~x', l y o'k Signature: /Ljo-r a ~ Date: 6 _ r Attached additional sheets if necessary. Planning & Development Updated: March 2014 Planning Division 99 W. 101" Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail:eugeneplanning@ci.eugene.or.us Page 4 of 4 Attachment C EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: An Ordinance Amending the Eugene-Springfield Metropolitan Area General Plan Policy H.2 to Clarify Eugene May Adopt Aspirational Park Plans Meeting Date: May 22, 2017 Agenda Item Number: 4 Department: Public Works Staff Contact: Carolyn Burke www.eugene-or.gov Contact Telephone Number: 541-682-4914 ISSUE STATEMENT This meeting is an opportunity for the City Council to deliberate and take action on a Type I Metro Plan amendment to amend a policy that governs whether a plan for future development of the parks and recreation system must be adopted as land use plan policy. This Type I, single jurisdiction amendment to the Metro Plan only requires approval by the Eugene City Council. BACKGROUND The Eugene Parks and Open Space and Recreation Divisions are in the process of developing a new plan for future capital improvements in the city-wide system of park and recreation facilities, called the Eugene Parks and Recreation System Plan. The previous plan, the Parks, Recreation and Open Space Comprehensive Plan (PROS plan), was adopted by the City Council in 2006, but was later appealed to LUBA, and ultimately remanded back to the city to address an inconsistency with one particular Metro Plan Policy. The 2006 PROS plan was not intended to be a land use regulation, but LUBA determined that the Metro Plan prohibited the city from adopting the 2006 PROS plan unless it included the PROS plan as part of the City’s land use code. In response, the city chose not to adopt the 2006 PROS plan at all. Like the 2006 plan, the new Eugene Parks and Recreation System Plan is not intended to be a land use regulation. The proposed ordinance would amend the Metro Plan to resolve this policy inconsistency so that the city can adopt the new Eugene Parks and Recreation System Plan as intended. The Metro Plan currently contains a policy requiring the City’s policies for future parks and recreation facilities to be adopted as land use policy and incorporated into the land use code. Policy H.2 in Section H in Chapter III of the Metro Plan provides: Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a metropolitan level. The park standards adopted by the applicable city and incorporated into the city’s development code shall be used in local development processes. This policy dates back to an era when the inventory of developable land within Eugene and Springfield’s shared UGB did not account for (subtract) land for public parks and open space. The City’s new buildable lands inventory includes this accounting; it explicitly excludes the land needed for future public parks, so that the planning, acquisition, design and development of land for future parks will not impact the residential buildable lands inventory. This makes the Policy H.2 unnecessary for Eugene. With this in mind, the Parks and Open Space Division and Recreation Division chose to draft the new plan for future parks and recreation capital development as an aspirational plan, rather than one that imposes specific requirements integrated into the Metro Plan and the land use code. There are several reasons for this. The policies and proposed projects that will be included in the new Parks and Recreation System Plan are for land acquired and owned by the city—there will not be any prescriptive policies that place limitations on use or development of private land. The development of the new Parks and Recreation System Plan has already involved input from more than 10,000 Eugene community members, and represents a broad future vision for development of park and recreation facilities on public lands based upon the stated preferences of the community. With this in mind, the collective assessment of staff is that adding a land use approval process on top of this massive public engagement campaign will not improve the plan or add value or effectiveness to the adoption process. Finally, staff concludes that no land use related policy is necessary in the new Parks and Recreation System Plan to carry out a robust vision for future development of Eugene’s park and recreation facilities. Proposed Amendment The proposed Metro Plan Amendment would add the following sentence to Policy H2: This Policy does not apply to the City of Eugene, where a park and recreation plan may be aspirational in nature and does not need to be adopted as a land use plan. This approach confines the impact of the amendment to Eugene alone, leaving the other jurisdictions to approach this issue as they see fit, while clarifying that Eugene’s adoption of an aspirational plan will be consistent with the Metro Plan. The draft ordinance containing the proposed amendment is shown in Attachment A. Eugene Planning Commission Public Hearing The Eugene Planning Commission held a public hearing on the proposed Metro Plan Amendment on March 14, 2017. There were no requests to speak at the public hearing. The Planning Commission closed the public hearing and discussed the item. A key concern expressed by Commissioners was that they wanted to see more frequent and more broadly shared information from the Parks and Open Space Division on how it has implemented the existing plan and accompanying Bond Measure from 2006 and how it implements any future bond measures. Parks and Open Space representatives explained that this effort is already underway with additional reporting on the 2006 PROS Bond implementation, and that an expanded effort would be made with measuring and reporting progress on future plan implementation and any future Parks and Recreation funding measures. An additional concern raised by the Commission was whether the change in the policy would result in reduced coordination with other metropolitan area park and recreation agencies. Parks and Open Space representatives explained that this type of coordination is of high importance and that it is on-going. One such example of this coordination is the fifteen-member Rivers to Ridges Partnership. It was also pointed out that a policy in the Metro Plan is not the most effective trigger for the level of on-going coordination that is needed between Metro-area parks and recreation agencies. This is because the Metro Plan policy is only invoked at the time of adoption of a new plan or adoption of changes to an existing plan, whereas the coordination among these parks agencies is needed during all phases of plan development, adoption, and implementation. City Council Public Hearing The City Council held a public hearing on the proposed Metro Plan Amendment on May 15, 2017. One individual testified, but did not address the matter of this ordinance. No written testimony was submitted. The public hearing was closed and there were no questions or discussion on the item. Next Steps If adopted, the ordinance will become effective 30 days after approval. RELATED CITY POLICIES •Council goal for Accessible and Thriving Culture and Recreation (a community where arts andoutdoors are integral to our social and economic well-being and are available to all). •Council goal for Fair, Stable and Adequate Financial Resources (a government whose ongoingfinancial resources are based on a fair and equitable system of revenues and are adequate tomaintain and deliver municipal services). COUNCIL OPTIONS 1.Approve the ordinance to amend Metro Plan Policy H-2, as written in Attachment A.2.Approve the ordinance to amend Metro Plan Policy H-2, as written in Attachment A, withmodifications.3.Decline to approve the ordinance. CITY MANAGER’S RECOMMENDATION The City Manager recommends Option 1, approve the ordinance to amend Metro Plan Policy H-2, as written in Attachment A. SUGGESTED MOTION Move to adopt Council Bill 5175, an ordinance to amend Metro Plan Policy H-2, as written in Attachment A. ATTACHMENTS A. Proposed ordinance for amendment to Metro Plan Policy H-2. B. Metro Plan Amendment Findings FOR MORE INFORMATION Staff Contact: Carolyn Burke, Parks and Open Space Planning Manager Telephone: 541-682-4914 Email: carolyn.j.burke@ci.eugene.or.us Ordinance - Page 1 of 1 ORDINANCE NO. _____ AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN POLICY H.2 TO CLARIFY EUGENE MAY ADOPT ASPIRATIONAL PARK PLANS. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Eugene-Springfield Metropolitan Area General Plan is amended to add new text to the end of Policy H.2 in Section H in Chapter III of the Metro Plan, to provide: H.2 Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a metropolitan level. The park standards adopted by the applicable city and incorporated into the city’s development code shall be used in local development processes. [This Policy does not apply to the City of Eugene, where a park and recreation plan may be aspirational in nature and does not need to be adopted as a land use plan.] Section 2. The findings set forth in Exhibit A attached to this Ordinance are provided in support of this ordinance. Section 3. This Ordinance shall take effect pursuant to Section 32 of the Eugene Charter 2002. Passed by the City Council this Approved by the Mayor this ___ day of _______________, 2017 ____ day of _______________, 2017 ____________________________ _____________________________ City Recorder Mayor ATTACHMENT A Exhibit A Findings Metro Plan Amendment (City File MA 17-2) Metro Plan Amendment (City File MA 17-2) The policy with the amendment showing in bold underline italics is provided below: H.2 Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a metropolitan level. The park standards adopted by the applicable city and incorporated into the city’s development code shall be used in local development processes. This Policy does not apply to the City of Eugene, where a park and recreation plan may be aspirational in nature and does not need to be adopted as a land use plan. Findings Eugene Code Section 9.7735 requires that the following approval criteria (in bold italics) be applied to a Metro Plan amendment: Criteria for Approval of Plan Amendment. The following criteria shall be applied by the city council in approving or denying a Metro Plan amendment application: (1) The proposed amendment is consistent with the relevant Statewide Planning Goals; and Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for citizen involvement which ensure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. The amendment does not amend the citizen involvement program. The process for adopting this amendment complies with Goal 1 because it is consistent with the citizen involvement provisions. This amendment anticipates the future adoption of a new park and recreation plan. The citizen involvement process for the draft Eugene Parks and Recreation System Plan has far exceeded any previous standards established for citizen and community involvement. More than 10,000 interactions with Eugene community members have occurred thus far through online surveys, phone surveys, small group discussions, and more than forty public events in parks and other public spaces designed to gather input. The Planning Commission public hearing on the proposal was duly noticed to all individuals who have requested notice, as well as to the City of Springfield and Lane County. In addition, notice of the public hearing was also published in the Register Guard. The City Council will hold a duly noticed ATTACHMENT B Exhibit A Findings - 2 public hearing to consider approval, modification, or denial of the code amendments. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the proposed ordinance is consistent with Statewide Planning Goal 1. Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual basis for such decisions and actions. Eugene’s land use code specifies the procedure and criteria that were used in considering these amendments. The record shows that there is an adequate factual base for the amendments. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2 coordination requirement, the City provided notice to the City of Springfield, Lane County, and Lane Council of Governments. The City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development. There are no exceptions to Statewide Planning Goal 2 required for these amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. Goal 4 - Forest Lands. To conserve forest lands. The amendments do not affect any land designated for agricultural or forest use. Therefore, Statewide Planning Goals 3 and 4 do not apply. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect natural and scenic resources. OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. This amendment does not create or amend the City’s list of Goal 5 resources, does not amend a code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, does not allow new uses that could be conflicting uses with a significant Goal Exhibit A Findings - 3 5 resource site and does not amend the acknowledged urban growth boundary. Therefore, Statewide Planning Goal 5 does not apply. Goal 6 - Air, Water and Land Resource Quality. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and land from impacts from those discharges. The amendment does not affect the City’s ability to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not apply. Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires and prohibits development in natural hazard areas without appropriate safeguards. The amendment does not affect the City’s restrictions on development in areas subject to natural disasters and hazards. Therefore, Statewide Planning Goal 7 does not apply. Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures the provision of recreational facilities to Oregon citizens and is largely concerned with the provision of large destination facilities in non-urban areas. Neither Goal 8 nor DLCD’s rules requires cities to adopt local park plans. Nonetheless, the City of Eugene is anticipating the future adoption of a local park plan. The amendment allows the City of Eugene flexibility in the process for adoption of Eugene’s park and recreation plan. To the extent Statewide Planning Goal 8 is applicable (if at all), this amendment is consistent with Statewide Planning Goal 8. Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens. The amendment does not change available opportunities for economic activities. Therefore, Statewide Planning Goal 9 does not apply. Goal 10 - Housing. To provide for the housing needs of citizens of the state. The amendment does not impact provision of housing. Therefore, Statewide Planning Goal 10 does not apply. Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Exhibit A Findings - 4 The amendment does not affect the City’s provision of public facilities and services. Therefore, Statewide Planning Goal 11 does not apply. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. The amendment does not impact transportation. Therefore, Statewide Planning Goal 12 does not apply. Goal 13 - Energy Conservation. To conserve energy. The amendment does not impact energy conservation. Therefore, Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendment does not affect the City’s provisions regarding the transition of land from rural to urban uses. Therefore, Statewide Planning Goal 14 does not apply. Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The amendment does not contain any changes that affect the Willamette River Greenway regulations, Therefore, Statewide Planning Goal 15 does not apply. Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources within the jurisdiction of the Metro Plan. Therefore, these goals are not relevant and the amendments will not affect compliance with Statewide Planning Goals 16 through 19. (2) The proposed amendment does not make the Metro Plan internally inconsistent. The Metro Plan text amendment to allow Eugene to adopt a parks and recreation plan that is aspirational will not create an internal conflict with the remainder of the Metro Plan. No other text changes and no diagram changes are necessary to ensure internal consistency with the proposed text amendment; adoption of this amendment will not make the Metro Plan internally consistent. The following policy from the Metro Plan (identified below in italics) is potentially applicable to this amendment. Exhibit A Findings - 5 Park and Recreation Facilities Element Policies H.1 Develop a system of regional-metropolitan recreational activity areas based on a facilities plan for the metropolitan area that includes acquisition, development, and management programs. The Metro Plan and system should include reservoir and hill parks, the Willamette River Greenway, and other river corridors. The amendment does not impact the facilities plan for the metropolitan area. The amendment does not change the allowance for park and recreation plans to include acquisition, development and management programs, or to include reservoir and hill parks, the Willamette Greenway and other river corridors. Therefore, this policy does not apply to the amendment. The following policies related to park and recreation facilities do not apply to the amendment but are addressed here for context: H.3 Accelerate the acquisition of park land in projected growth areas by establishing guidelines determining where and when developers will be required to dedicate land for park and recreation facilities, or money in lieu thereof, to serve their developments. The amendment does not address guidelines for dedication of land for park and recreation facilities or funds in lieu of dedication. Therefore, this policy does not apply to the amendment. H.4 Encourage the development of private recreational facilities. The amendment does not address development of private recreational facilities. Therefore, this policy does not apply to the amendment. H.5 Develop mechanisms and processes by which residents of an area to be served by a neighborhood park, neighborhood center, or play lot can participate in the design, development, and maintenance of the facility. The amendment does not address processes for public and community involvement in design, development or maintenance of park and recreation facilities. Therefore, this policy does not apply to the amendment. H.6 All metropolitan area parks and recreation programs and districts shall cooperate to the greatest possible extent in the acquisition of public and private funds to support their operations. The amendment does not change the regional coordination between park and recreation agencies and programs related to acquiring public and private funds. Therefore, this policy does not apply to the amendment. Exhibit A Findings - 6 H.7 The City of Eugene shall cooperate with the University of Oregon in the resolution of any loss of recreational facilities associated with development in the Riverfront Park. The amendment does not address the Riverfront Park or any other specific sites. Therefore, this policy does not apply to the amendment. (3) When the city-specific local comprehensive plan also applies, the proposed amendment is consistent with the city-specific local comprehensive plan. The City of Eugene does not have a city-specific comprehensive plan. Applicable Refinement Plans The amendment is a legislative text amendment and does not address any specific sites. Further, it only addresses the adoption process for the park and recreation plan and analysis, allowing an aspirational plan to be adopted. Therefore, it does not affect or conflict with any policy within the City’s refinement plans, none of which address that process. EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: An Ordinance Concerning Utility Service to Support Economic Development in the Industrial Corridor Community Organization and Amending Section 9.8117 of the Eugene Code, 1971 Meeting Date: May 22, 2017 Agenda Item: 5 Department: Planning and Development Department Staff Contact: Denny Braud www.eugene-or.gov Contact Telephone Number: 541-682-5536 ISSUE STATEMENT Council is scheduled to take action on this land use code amendment intended to help facilitate economic development opportunities within an area known as the “Industrial Corridor” in northwest Eugene (see vicinity map included as Attachment A). To allow industrial development to proceed efficiently in the area where annexation is not currently possible, the proposed land use code amendment would require binding annexation agreements, and enable extension of sanitary sewer and water service outside the City limits where necessary. BACKGROUND Council’s public hearing on this item was held on May 15, 2017. One person, Joshua D. Monge on behalf of the Eugene Area Chamber of Commerce, testified in support of the proposed amendment. This policy question was initially posed to the Council in November of 2016, with unanimous approval to bring the proposal forward for consideration. Since that time, staff has developed the proposed ordinance and findings addressing all applicable approval criteria (see Attachment B). The Planning Commission also held an initial public hearing and voted unanimously on April 11, 2017 to recommend that Council approve the proposed land use code amendment. The subject area is represented by the Industrial Corridor Community Organization (“ICCO”), which is a non-profit, formally recognized community organization. The ICCO boundary is generally the large triangle of land lying between the Northwest Expressway on the east and the Urban Growth Boundary (UGB) to the west and north. Much of the subject area is currently outside the City limits but within the UGB. The lack of certain urban services like sanitary sewer, and the lack of contiguity with City limits, has hindered the ability for a number of properties to annex and pursue development plans in the near term. This is a barrier to our community’s high-priority goal of supporting jobs and economic development on lands already planned for industrial development. If left unaddressed, development proposals and job creation will continue to be constrained in this area. The proposed land use code amendment is designed to address the issue while making sure City services are adequately and fairly funded. Consistent with the goals and objectives of Envision Eugene, the Regional Economic Prosperity Plan, and the Metro Plan, encouraging development and redevelopment within the ICCO area has the potential to create highly-desirable manufacturing jobs within local key industries. Property outside the City but inside the UGB (as is the majority of the ICCO area) was previously able to annex even if the property was not contiguous to City limits, provided that the Lane County Boundary Commission approved the request. However, with the abolishment of the Boundary Commission by the Legislature in 2008, annexations must now be contiguous to City limits. In addition to making it difficult to develop unless property first annexed, these changes also have the effect of precluding non-contiguous annexations, which in turn prevents the annexation of individual properties in the majority of the ICCO area. These changes occurred prior to the beginning of the recent recession. With development activity picking up again over the last several years, the policy question about whether to allow annexation agreements, rather than immediate annexation, warrants consideration by Council. In several cases, property owners have been unable to proceed with development plans due to lack of contiguity with City limits or the availability of urban services (which means they cannot annex). The alternative of allowing annexation agreements, along with enabling extension of sanitary sewer service outside the City limits, would be an efficient way to allow industrial development to proceed in the area with binding agreements to annex in the future when possible. RELATED CITY POLICIES Encouraging development and redevelopment within the ICCO area supports a variety of adopted planning and policy goals and objectives. Examples include: Envision Eugene Pillars o Provide ample economic opportunities for all community members 1(a). Plan for an employment growth rate of 1.4 percent. This growth rate translates into an increase of 35,800 jobs over 20 years. 1(c). Work with property owners of current vacant or developed industrial lands, especially those larger than 25 acres, to reduce the financial and regulatory obstacles to development, with a goal of making these sites ready for development. Regional Prosperity Economic Development Plan o By 2020, create 20,000 net new jobs in the chosen economic opportunity areas; reduce the local unemployment rate to, or below the state average; and increase the average wage to or above the state average. o Strengthen Key Industries • Identify strategies to address unique and logistical needs of existing and emerging industries • Develop associations or networks among targeted cluster businesses for innovative networking, information-sharing and provide opportunities for business growth • Pursue opportunities to expand and recruit businesses, ideas, and entrepreneurs into our region • Enhance our existing business and community The attached findings (see Exhibit B to Attachment B) also address consistency with applicable Metro Plan policies and relevant Statewide Planning Goals, as is required for approval of the proposed land use code amendment. COUNCIL OPTIONS The City Council may consider the following options: 1. Approve the ordinance; 2. Approve the ordinance with specific modifications as determined by the City Council; 3. Deny the ordinance. CITY MANAGER’S RECOMMENDATION Based on the supportive testimony received to date, and the unanimous recommendation for approval from the Eugene Planning Commission, the City Manager recommends that Council take action to adopt the ordinance as drafted. SUGGESTED MOTION Move to adopt Council Bill 5174, an ordinance concerning utility service to support economic development in the industrial corridor. ATTACHMENTS A. Vicinity Map B. Draft Ordinance --Exhibit A: Industrial Corridor Boundary Map --Exhibit B: Findings C. Letter of Support from Eugene Area Chamber of Commerce FOR MORE INFORMATION Staff Contact: Denny Braud, PDD Director Telephone: 541-682-5536 Staff E-Mail: Denny.Braud@ci.eugene.or.us Maxwell Rd Airport Rd |¾∙ 99 Barger Dr Irving Rd Awbrey Ln R.P.Beltline Rd R .P .B e l t l i n e R d N o r t h w e s t E x p r e s s w a y Clear Lake Rd Gr e e n H i l l R d Irvington Dr E Enid Rd P r a i r e R d ¯0 0.50.25 MilesIndustrial Corridor Boundary Taxlots Eugene Urban Growth Boundary April 2017 Industrial Corridor Vicinity Map Attachment A Maxwell Rd Airport Rd |¾∙ 99 Barger Dr Irving Rd Awbrey Ln R.P.Beltline Rd R .P .B e l t l i n e R d N o r t h w e s t E x p r e s s w a y Clear Lake Rd Gr e e n H i l l R d Irvington Dr E Enid Rd P r a i r e R d ¯0 0.50.25 Miles Industrial Corridor Industrial Corridor Boundary Taxlots Figure 9.8117 Eugene Urban Growth Boundary April 2017 Industrial Corridor Exhibit A Exhibit B Findings - 1 Legislative Findings: Economic Development in the Industrial Corridor (City File CA 17-2) Overview The goal of this City-initiated land use code amendment is to help facilitate economic development opportunities within an area known as the “Industrial Corridor” in northwest Eugene. The area is represented by the Industrial Corridor Community Organization (“ICCO”), which is a non- profit, formally recognized community organization. The ICCO boundary is generally the large triangle of land lying between the Northwest Expressway on the east and the Urban Growth Boundary (UGB) on the west (see map included as Exhibit A to the ordinance). Most of the property within the ICCO area is zoned and designated for industrial uses. The ICCO area includes many large parcels, some developed by local legacy industries, some undeveloped, and some under-developed. The ICCO area includes about 1,652 acres, approximately 96% of which is zoned industrial (38% Heavy Industrial/I-3, and 59% Light-Medium Industrial/I-2). Proximity to highways, railroad, and airport make the area highly-conducive to industrial uses. At the same time, there are development challenges associated with current policies and land use code requirements, availability of urban services such as sanitary sewer, and lack of contiguity with City limits for a large portion of the area. Consistent with the goals and objectives of the Metro Plan and Regional Economic Prosperity Plan, encouraging development and redevelopment within the ICCO area has the potential to create highly-desirable manufacturing jobs within local key industries. Most of the area is outside the City limits of Eugene and does not have access to the full range of urban services such as sanitary sewer, stormwater drainage, police, and fire protection. Much of the area receives its necessary services through special districts, and may need on-site sewage disposal systems, until such time as individual properties are annexed to the City. In accordance with state and federal laws, as well as the Metro Plan and land use code, properties seeking development on these lands in most cases require connection to the City’s sewer system and provision of other urban services by the City of Eugene. The Metro Plan anticipates that all lands within the UGB will eventually be annexed and served by the City. However, the lack of certain urban services like sanitary sewer, and the lack of contiguity with City limits, has hindered the ability for many properties to annex in the near term. Property outside the City but inside the UGB (as is the majority of the ICCO area) was previously able to annex even if the property was not contiguous to City limits, provided that the Lane County Boundary Commission approved the request. However, with the abolishment of the Boundary Commission by the Legislature in 2008, annexations must now be contiguous to city limits. In addition to making it difficult to develop unless property first annexed, these changes also have the effect of precluding non-contiguous annexations, which in turn prevents the annexation of individual properties in the majority of the ICCO area. These changes occurred prior to the beginning of the recent recession. With development activity picking up again over the last several years, the policy question about whether to allow annexation agreements, rather than immediate annexation, warrants consideration by Council. In several cases, property owners have been unable to proceed Findings - 2 with development plans due to lack of contiguity with City limits or the availability of urban services (which means they cannot annex). The alternative of allowing annexation agreements, along with enabling extension of sanitary sewer services outside the City limits, would be an efficient way to allow industrial development to proceed in the area, with a binding agreement to annex in the future when possible This policy question was posed to the Council in November of 2016, with a recommendation from the City Manager and unanimous approval by the Council of a motion directing the City Manager to schedule a public hearing to allow property in the ICCO area to develop either by annexing or, if non- contiguous, signing an irrevocable consent to annex. To that end, these legislative findings have been prepared in support of an ordinance which includes a land use code amendment and related provisions. The land use code amendment will create an exception to the requirements for Extra-Territorial Extension of Water or Sewer Service in Chapter 9 of the Eugene Code (see EC 9.8115-9.8121), which is a necessary component to enable development for some properties not already served with water and sewer facilities. Findings of Compliance with Applicable Approval Criteria Below are legislative findings addressing the land use code amendment, which is the only aspect of the ordinance subject to the approval criteria for code amendments at EC 9.8065 (listed below in bold, with findings addressing each). EC 9.8065(1): [The amendment] is consistent with applicable statewide planning goals as adopted by the Land Conservation and Development Commission. Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for citizen involvement which ensure the opportunity for community members to be involved in all phases of the planning process and set out requirements for such involvement. The amendment does not amend the citizen involvement program. The process for adopting these amendments complies with Goal 1 because it is consistent with the citizen involvement provisions. A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation and Development on March 7, 2017. The formal public hearings on the proposal will be duly noticed to all neighborhood organizations, community groups and individuals who have requested notice, as well as to the City of Springfield and Lane County. In addition, notice of the public hearing was published in the Register Guard. Following action by the Eugene Planning Commission (to make a recommendation on the ordinance and code amendment), the Eugene City Council will hold a duly noticed public hearing to consider approval, modification, or denial of the proposal. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the code amendment is consistent with the requirements of Statewide Planning Goal 1. Findings - 3 Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual basis for such decisions and actions. The Eugene Code (Land Use, Chapter 9) specifies the procedures and criteria that are to be used in considering this code amendment. The record shows that there is an adequate factual basis for the ordinance and code amendment, including findings and evidence demonstrating compliance with all applicable approval criteria. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2 coordination requirement, the City will engage in an exchange about the subject of these plan amendments with all of the affected governmental units. Specifically, the City provided notice of the action and opportunity to comment to Lane County, Springfield and the Oregon Department of Land Conservation and Development. There are no exceptions to Statewide Planning Goal 2 required for this code amendment. The code amendment is therefore consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. The amendment is for property located within the UGB and does not affect any land designated for agricultural use. Therefore, Statewide Planning Goal 3 does not apply. Goal 4 - Forest Lands. To conserve forest lands. The amendment is for property located within the UGB and does not affect any land designated for forest use. Therefore, Statewide Planning Goal 4 does not apply. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect natural and scenic resources. OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. The amendment does not create or amend the City’s adopted inventory of Goal 5 resources, does not amend a code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5. It does not allow new uses that could be conflicting uses with a Findings - 4 significant Goal 5 resource site, and does not amend the acknowledged UGB. Therefore, Statewide Planning Goal 5 does not apply. Goal 6 - Air, Water and Land Resources Quality. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development, aimed at protecting air, water and land from impacts from those discharges. To the extent the code amendment will enable extra- territorial extension of sanitary sewer service to some ICCO properties, it will generally reduce the likelihood or need for new on-site sewage disposal systems and thereby reduce the potential for groundwater contamination. It will not change any policies or regulations with regard to Eugene Water and Electric Board’s role as the provider of water service for the City, other than to enable extension of water service for ICCO properties that may not already be connected. The amendment does not otherwise change any of the City’s regulations with regard to stormwater treatment or air quality. The amendment is therefore consistent with Statewide Planning Goal 6, to the extent it might be considered applicable. Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires. The goal prohibits a development in natural hazard areas without appropriate safeguards. The amendment does not directly affect the City’s existing regulatory restrictions or other adopted plan provisions for development in areas subject to natural disasters and hazards, or otherwise require further analysis as part of the amendment. Therefore, Statewide Planning Goal 7 does not apply. Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors, and where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. The amendment does not affect the City’s provisions for or access to recreation areas, facilities or recreational opportunities. Therefore, Statewide Planning Goal 8 does not apply. Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens. The amendment will not impact any industrial or commercial use designations, nor amend the City’s required inventory for industrial and commercial lands. Nonetheless, it will help to facilitate economic development and redevelopment opportunities in the ICCO area as previously discussed, and further addressed below with regard to relevant policies of the Metro Plan. In general, it will help to enable development of industrial land in the ICCO area that is already included as part of the Findings - 5 City’s previously adopted inventory. The amendment is therefore consistent with Statewide Planning Goal 9, to extent that it might be considered applicable. Goal 10 - Housing. To provide for the housing needs of citizens of the state. Goal 10 requires communities to provide an adequate supply of residential buildable land to accommodate estimated housing needs for a 20-year planning period. The amendment does not impact the supply of residential buildable land. No land is being re-designated from residential use to a non-residential use, and the amendments do not otherwise diminish the lands available for residential use. Therefore, the amendments are consistent with Statewide Planning Goal 10. Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The amendment will not impact or amend the Public Facilities and Services Plan, which is adopted as a refinement of the Metro Plan. It will be consistent with relevant policies from the Public Facilities and Services Element of the Metro Plan, as addressed below in the findings addressing consistency with its applicable provisions. The amendment also does not include any capital public infrastructure projects to extend facilities and services to the area. As previously discussed, the amendment will help to facilitate economic development opportunities in the ICCO area, where annexation may not be possible in the near term due to a lack of contiguity or availability of public services and facilities such as sanitary sewer. Specifically, the code amendment will enable extra-territorial extension of water or sewer service where needed, in combination with irrevocable annexation agreements that will thereby facilitate future annexation. As relevant here, the amendment will enable the extension of water or sanitary sewer service, as the need may arise to accommodate development in the ICCO area. The amendment is therefore consistent with Statewide Planning Goal 11, to extent that it might be considered applicable. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. Goal 12 is implemented by the Transportation Planning Rule (TPR) as defined in Oregon Administrative Rule OAR 660-012-0060. TPR contains the following requirement: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or Findings - 6 (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The amendment does not change the functional classification of a transportation facility, change the standards implementing a functional classification system or degrade the preformation of a facility otherwise projected to not meet performance standards. Therefore, the amendment does not have a significant effect under (a), (b) or (c). As such, the amendment does not significantly affect any existing or future transportation facilities and is consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation. To conserve energy. The amendment does not impact energy conservation in a manner that would require further analysis under Goal 13. Therefore, Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendment does not affect the City’s provisions regarding the transition of land from rural to urban uses. Therefore, Statewide Planning Goal 14 does not apply. Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. The amendment does not contain any changes that affect the Willamette River Greenway regulations. Therefore, Statewide Planning Goal 15 does not apply. Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no estuarine resources, coastal shore lands, beaches and dunes, or other ocean resources involved or otherwise affected by the amendment. Therefore, Statewide Planning Goals 16 through Findings - 7 19 do not apply. EC 9.8065(2): [The amendment] is consistent with applicable provisions of the Metro Plan and applicable adopted refinement plans. The code amendment does not include any amendment of the Metro Plan text or land use designations. The findings below confirm that the code amendment is otherwise consistent with, and supported by, a number of relevant Metro Plan policies. There is no adopted refinement plan for the ICCO area, thus no further analysis is requires related to applicable adopted refinement plan provisions. Growth Management Policies 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. The intent of the amendment is to facilitate annexation agreements and extra-territorial extension of water and sanitary sewer services as necessary to support development activity in the ICCO area. As noted previously, the majority of properties in the ICCO area to are currently unable to annex or obtain necessary urban services (particularly sanitary sewer). The allowance of binding annexation agreements and service extension to accommodate near-term development activity in the area, will ultimately facilitate future annexation of ICCO properties. 20. When unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by the following method (in priority order). a. Annexation to a city; b. Contractual annexation agreements with a city; c. Annexation to an existing district (under conditions described previously in Policy #19); or d. Creation of a new service district (under conditions described previously in Policy #14). As previously discussed, the majority of unincorporated territory in the ICCO area is unable to annex to the City as a result of several factors. The code amendment will grant automatic approval for extra-territorial extension of wastewater and water service for ICCO properties, subject to a binding agreement to annex in the future when possible. The amendment is therefore consistent with the above policy by requiring a contractual agreement for future annexation as a condition of service extension, where immediate annexation is not currently possible. 21. Cities shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard annexation is required. Findings - 8 Consistent with the above policy, the code amendment will require a consent to annex agreement as a condition of wastewater or water service extension outside the City limits but within the ICCO (and within the UGB). Economic Element B.10 Encourage opportunities for a variety of heavy industrial development in Oregon’s second largest metropolitan area. B.11 Encourage economic activities, which strengthen the metropolitan area’s position as a regional distribution, trade, health, and service center. B.17 Improve land availability for industries dependent on rail access. B.25 Pursue an aggressive annexation program and servicing of designated industrial lands in order to have a sufficient supply of “development ready” land. The code amendment is consistent with the above policies by facilitating economic development opportunities within the ICCO area, where many industrial properties are currently unable to annex or obtain urban services within the UGB. While immediate annexation of non-contiguous properties wishing to move forward with development plans in the near term cannot be allowed under current state law, any extra-territorial wastewater or water service extension will require a binding annexation agreement. In combination, annexation agreements and service extensions will encourage economic activities and opportunities for a variety of heavy industrial development with good rail access, facilitate future annexation when it becomes possible, and improve the overall “development ready” status for ICCO properties. Public Facilities and Services Element G.9 Wastewater conveyance and treatment shall be provided to meet the needs of projected growth inside the UGB that are capable of complying with regulatory requirements governing beneficial reuse or discharge of effluent and beneficial reuse or disposal of residuals. The code amendment will facilitate wastewater service to ICCO properties that may not already be served, but where service is necessary to accommodate industrial development. The ICCO area is ultimately planned for future annexation to the City and is part of the projected growth and land area needed for industrial development within the UGB. To the extent this policy is relevant, service extension to the ICCO area will facilitate wastewater treatment at the regional treatment facility prior to effluent discharge or beneficial reuse/disposal of residuals. Based on these findings, the code amendment is consistent with applicable provisions of the Metro Plan as required. EC 9.8065(3): In the case of establishment of a special area zone, [the amendment] is consistent with EC 9.3020 Criteria for Establishment of an S Special Area Zone. Findings - 9 The code amendment does not include the establishment of any special area zone. As such, the above criterion does not apply. Attachment B Ordinance - Page 1 of 2 ORDINANCE NO. ________ AN ORDINANCE CONCERNING UTILITY SERVICE TO SUPPORT ECONOMIC DEVELOPMENT IN THE INDUSTRIAL CORRIDOR COMMUNITY ORGANIZATION AND AMENDING SECTION 9.8117 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 9.8117 of the Eugene Code, 1971, is amended to provide as follows: 9.8117 Extra-Territorial Extension of Water or Sewer Service – Applicability. (1) The provisions of EC 9.8115 through 9.8121 apply to applications requesting the extension of water service or sewer service from inside the city limits to serve property located outside of the city limits, except as provided in subsection (2) below. (2) Approval for extra-territorial extension of water or sewer service to property located within the boundary of the Industrial Corridor Community Organization as shown on Map 9.8117 Industrial Corridor, is automatic upon approval of a building or development permit so long as the property owner executes an irrevocable consent to annexation form approved by the city attorney, authorizing the city council to annex the property whenever the annexation is authorized by state law. This subsection (2) shall not apply to property that is eligible for annexation. Section 2. Map 9.8117 Industrial Corridor, depicting the Industrial Corridor Community Organization boundary is adopted as shown on Exhibit A to this Ordinance. Section 3. The findings set forth in Exhibit B to this Ordinance are adopted as findings in support of this Ordinance. Section 4. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 5. This Ordinance shall take effect pursuant to Section 32 of the Eugene Charter 2002, or on the date of its acknowledgement as provided in ORS 197.625, whichever is later. Attachment B Ordinance - Page 2 of 2 Passed by the City Council this Approved by the Mayor this ___ day of _______________, 2017 ____ day of _______________, 2017 ____________________________ _____________________________ City Recorder Mayor EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: A Resolution Granting a Measure 49 Claim and Waiving a Provision of Chapter 9 of the Eugene Code, 1971 for Property Located at 1777 E. 30th Avenue, Eugene, Oregon (Assessor’s Map 18-03-08-11, Tax Lot 602) Meeting Date: May 22, 2017 Agenda Item Number: 6 Department: Planning and Development Staff Contact: Alissa Hansen www.eugene-or.gov Contact Telephone Number: 541-682-5508 ISSUE STATEMENT The Eugene City Council is asked to set a date to close the record on a Measure 49 claim submitted by Chad and Katie Wilson for the alleged reduction in fair market value to their property located at 1777 E. 30th Avenue, Eugene, Oregon. A map of the property is provided as Attachment A. BACKGROUND The Measure 49 claim filed by Chad and Katie Wilson seeks a waiver of a City land use regulation, adopted in 2014, that limits the height of a detached secondary dwelling unit on the Wilsons’ property. A public hearing on the Wilsons’ Measure 49 claim was held on January 17, 2017. At that January 17th meeting, the Council voted to keep the record open for submission of written testimony until January 27, 2017, and to allow the claimant to submit rebuttal argument and evidence until February 3, 2017, so that the Council could adopt a resolution approving or denying the claim on or before April 1, 2017. On January 24, 2017, the City received an email from the claimants’ attorney extending the deadline for a decision on the claim for an additional 60 days, and requesting that the City hold off on processing the claim in the interim, to allow the claimants and neighborhood stakeholders to discuss a possible alternative resolution to the claim. The 60 day extension moved the City’s decision deadline to May 31, 2017. On May 10, 2017, the City received a second email from the claimants’ attorney, requesting an additional 30-day extension to allow the claimant to continue discussions with neighborhood stakeholders. This additional 30-day extension moves the City’s decision deadline to June 30, 2017. To facilitate that decision, staff is recommending the following schedule: •Open-Record Period: Anyone may submit written evidence or arguments related to theWilson’s Measure 49 claim until 5:00 p.m. on June 5, 2017. •Claimants’ Rebuttal Period: State law requires the City to allow the claimants “the finalword.” Therefore, only the claimant (including the claimant’s representative) may submit written evidence and arguments between 5:01 p.m. on June 5, 2017, and 5:00 p.m. on June 12, 2017. The evidence and arguments submitted during the claimants’ rebuttal period must respond to testimony or submittals received during the open record period. This will allow the Council to hold a work session and make a final decision on the Wilsons’ Measure 49 claim by June 30, 2017. If the Council approves the open record schedule above, staff will mail notice of the open record deadlines on May 23, 2017, to anyone who received notice of the January 17 public hearing on the Wilson Measure 49 claim, as well as anyone who submitted written testimony on the claim, anyone who testified at the public hearing on the claim, and anyone who asked to be notified about the claim. RELATED CITY POLICIES None. COUNCIL OPTIONS The Council is asked to take action to approve a schedule for closing the record for the Measure 49 claim submitted by Chad and Katie Wilson. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the Council adopt the open record schedule outlined in this AIS. SUGGESTED MOTION I move to close the record for the Wilson Measure 49 claim at 5:00 p.m. on June 5, 2017. I further move to close the claimants’ rebuttal period at 5:00 p.m. on June 12, 2017. FOR MORE INFORMATION Staff Contact: Alissa Hansen, Principal Planner Telephone: 541-682-5508 Staff E-Mail: alissa.h.hansen@ci.eugene.or.us Caution: This map is based on imprecisesource data, subject to change,and for general reference only. Attachment A - Vicinity Map 1777 East 30th Avenue Subject Property Streets Taxlots 0300150 Ft E 3 0 T H A V E A G A T E S T K I M B E R L Y D R ´ September 2016 Subject Property ATTACHMENT A