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Agenda Packet 11-13-18 Meeting - AMENDED
November 13, 2018, Meeting AMENDED AGENDA EUGENE CITY COUNCIL November 13, 2018 7:30 p.m. CITY COUNCIL MEETING Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 Meeting of November 13, 2018; Her Honor Mayor Lucy Vinis Presiding Councilors Mike Clark, President Betty Taylor, Vice President Greg Evans Chris Pryor Emily Semple Claire Syrett Jennifer Yeh Alan Zelenka Note: This agenda has been amended to reflect the addition of Item 5. 7:30 p.m. CITY COUNCIL MEETING Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 1. PLEDGE OF ALLEGIANCE TO THE FLAG 2. PUBLIC FORUM 3. CONSENT CALENDAR A. Approval of City Council Minutes a. October 8, 2018, Meeting b. October 10, 2018, Joint Meeting c. October 15, 2018, Work Session d. October 22, 2018, Meeting e. October 24, 2018, Work Session B. Approval of Tentative Working Agenda C. Adoption of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 17-04-11-13, Tax Lot 1400—Located at 183 Ferndale Drive) (McGinley; A 18-5) November 13, 2018, Meeting D. Adoption of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 17-04-13-32, Tax Lot 5200 — Located on Owosso Drive) (City File: Day Joint Trust; A 18-6) E. Adoption of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 18-03-16-30, Tax Lot 100 — Located on Spring Boulevard)(City File: Margot Zallen Revocable Trust; A 18-7) F. Adoption of a Resolution Amending Resolution No. 5218 Concerning a Low-Income Rental Housing Property Tax Exemption Renewal for Property Located on Ross Lane and on Helen Street, Eugene, Oregon. (Applicant St. Vincent de Paul Society of Lane County, Inc.) G. Appointment of Civilian Review Board Representative to Police Commission 4. ACTION: An Ordinance Extending the Term of Ordinance No. 19775 and Ordinance No. 20397 Granting to Comcast of Oregon II, Inc. a Franchise for Operation of a Cable Telecommunications System. 5. EWEB Property Update 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. November 13, 2018, Meeting – Item 2 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Forum Meeting Date: November 13, 2018 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: bforrest@eugene-or.gov November 13, 2018, Meeting – Item 3A EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of City Council Minutes Meeting Date: November 13, 2018 Agenda Item Number: 3A Department: Central Services 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 minutes. SUGGESTED MOTION Move to approve the minutes for the 2018 Meetings on October 8 and 22; the October 10, 2018, Joint Meeting of the Eugene City Council and the Lane County Board of Commissioners; and the Work Sessions on October 15 and 24, 2018. ATTACHMENTS A. October 8, 2018, Meeting B. October 10, 2018, Joint Meeting of the Eugene City Council and Lane County Board of Commissioners C. October 15, 2018, Work Session D. October 22, 2018, Meeting E. October 24, 2018, Work Session FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882 Staff E-Mail: bforrest@eugene-or.gov MINUTES – Eugene City Council Meeting October 8, 2018 Page 1 M I N U T E S Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 October 8, 2018 7:30 p.m. Councilors Present: Emily Semple, Betty Taylor, Alan Zelenka, Jennifer Yeh, Mike Clark, Greg Evans, Claire Syrett, Chris Pyror Mayor Vinis opened the October 8, 2018, meeting of the Eugene City Council. 1.CEREMONIAL MATTERSMayor Vinis welcomed students and advisors from Lane Community College to help recognizeand honor Indigenous People’s Day. 2.PUBLIC FORUM1.David Piccioni – shared thoughts about the World Trade Organization and the environment.2.Marcus Lanskey – asked council to address pedestrian safety issue at Amazon and Potter Street.3.Carol Scherer – thanked council for proposed resolution in opposition to Measure 105.4.Lauren Herbert – urged City Council to publically oppose Measure 105.5.Jim Neu – asked Council to look into the Northwest Natural Gas franchise agreement.6.Stefan Strek – talked about free speech and a new City Hall.7.Eric Jackson – asked council to stop enforcing anti-camping laws and criminalizing homelessness.Council Discussion •Have requested stop signs on East Amazon; makes sense to put them at East Amazon andPotter to slow down traffic and make it safer. •It was a mistake to ban smoking downtown. •People need a place to sleep; consider looking at the field off of 7th Avenue, nearWashington-Jefferson Park. •A much more robust public shelter is needed, but reject the notion that enforcing thecamping ban is criminalizing homelessness. 3.CONSENT CALENDARA. Approval of City Council Minutesa.September 24, 2018, Work Sessionb.September 24, 2018, Meeting B. Approval of Tentative Working Agenda C. Approval of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 17-04-23-44, Tax Lots 4300, 4400 and 4500 — located on Filbert Avenue) (City File: Monkey Hero, LLC; A 18-3) MOTION AND VOTE: Councilor Clark, seconded by Councilor Taylor, moved to approve the items on the Consent Calendar. PASSED 8:0 The meeting adjourned at 8:02 p.m. November 13, 2018, Meeting - Item 3A ATTACHMENT A MINUTES – Eugene City Council Meeting October 8, 2018 Page 2 Respectfully submitted, Elena Domingo Deputy City Recorder Link to the webcast of this City Council meeting: here. November 13, 2018, Meeting - Item 3A MINUTES – Eugene City Council and Lane County October 10, 2018 Page 1 Board of Commissioners Joint Meeting M I N U T E S Joint Meeting of the Eugene City Council and Lane County Board of Commissioners Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 October 10, 2018 12:00 p.m. Councilors Present: Emily Semple, Betty Taylor, Alan Zelenka, Jennifer Yeh, Mike Clark, Claire Syrett, Chris Pryor Commissioners Present: Jay Bozievich, Pat Farr, Pete Sorenson, Gary Williams Commissioners Absent: Sid Leiken Mayor Vinis and Commissioner Bozievich opened the October 10, 2018, Joint Meeting of the Eugene City Council and Lane County Board of Commissioners. 1.WORK SESSION: Public Shelter Feasibility Study and Homeless Service System Analysis Mid-Project Presentation by the Technical Assistance CollaborativePolicy Systems Analyst Jason Dedrick gave context for the TAC project and presentation andintroduced Gina Schaak, Elizabeth Stewart, and Douglas Tetrault, staff from the TechnicalAssistance Collaborative to give a mid-project presentation.Discussion •Appreciation expressed for the preliminary TAC report; have been working towards a low-barrier shelter recognizing that it is a critical piece currently missing in the community. •Question asked about the point-in-time count and why the numbers have fluctuated somuch over the years. •Addressed the system modeling done by TAC; it shows that there is no silver bullet solutionto address homelessness and more will need to be done than the addition of a shelter. •Acknowledged that the problem of homelessness has no jurisdictional boundaries; there is acity-county partnership involved in this structure. •The focus of recent work is on a system that responds to people who are in a state ofhomelessness; consider additional analysis on the differences and challenges of the peopleflowing through the system. •Question asked about other barriers to entry besides the lack of wet beds and what elsemight be stopping people from accepting services. •Coordination is very important to ensure people know who is providing what service and toavoid unnecessary duplication. •Question asked about prevention resources in Lane County right now and whether thatinformation will be incorporated into the TAC report. •The community goal should be to do a better job of addressing the inhumane conditionshomeless people face, with the ultimate goal of eliminating homelessness altogether. •Non-profit groups in our community are collapsing under the weight of the growingdemand they are seeing as service providers; government needs to take on moreresponsibility. •More data is needed about how much the proposals are going to cost and where that moneyis going to come from. •Interest expressed in hearing about the human side of what the response needs to be inaddition to cost, etc. November 13, 2018, Meeting - Item 3A ATTACHMENT B MINUTES – Eugene City Council and Lane County October 10, 2018 Page 2 Board of Commissioners Joint Meeting •Questions asked about move-on units and coordinated entry. •Important to consider compliance barriers including pets, couples who want to staytogether, and potential PTSD-triggering conditions when being housed around others. •Consider the gaps in the mental health services as work is done to address the homelessservice system. •Acknowledge the need for buildable lands for housing and look into incentives for housinginvestments. •Question asked about using a cost effectiveness metric to help decide where spendingmakes the most sense. •This preliminary report feels fundamentally different; it has the focus, analysis, andcoordination that will help facilitate real progress. •Question asked about whether any part of the study addressed the origin of homelesspeople in Eugene, what percentage are from here, and what percentage move here and thenfind themselves homeless. •Concern expressed about whether increasing the community’s capacity to address theneeds of the homeless will result in more people moving to the area for these services. •Appreciation expressed for the focus on geographic and demographic locations to makesure services are spread out equitably and appropriately. •Consider the inclusion of single-room occupancy units as part of the housing solution. •Question asked about why the report recommends a 50-75 bed shelter.The meeting adjourned at 1:31 p.m. Respectfully submitted, Elena Domingo Deputy City Recorder Link to the webcast of this City Council meeting: here. November 13, 2018, Meeting - Item 3A MINUTES – Eugene City Council October 15, 2018 Page 1 Work Session M I N U T E S Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 October 15, 2018 5:30 p.m. Councilors Present: Emily Semple, Betty Taylor, Alan Zelenka, Jennifer Yeh, Mike Clark, Greg Evans, Claire Syrett, Chris Pyror Mayor Vinis opened the October 15, 2018, Work Session of the Eugene City Council. 1.WORK SESSION: Modifications to the Transportation System Development Charge MethodologyPublic Works Director Sarah Medary and City Engineer Mark Schoening provided backgroundon systems development charges including legislative history, public hearing comments and anoverview of the proposed amendments to the TSDC methodology.Council Discussion •Clarification requested about the proposed annual caps for non-Accessory Dwelling Unitsand how they would be applied each year. •Support expressed for the staff recommendations because they are a rational response to acomplex challenge. •Interest expressed in reducing the cost of building and removing barriers as a way toprovide more housing. •Consider moving forward with the staff recommendations and see what it does to thebuilding landscape, then review and discuss further. •Question asked about whether there was a timeline that council is locked into to make thisdecision. •Interest shared in waiting on making the TSDC decision until after there is more informationabout how they will affect the affordable housing conversation. •Concern expressed that the caps would be too low to make a difference in ADU numbersand would be applied indiscriminately if they were first-come, first-serve. •Interested in seeing what this looks like in context of making housing more affordable in thecommunity. •More inclined to start with no cap and then revisit in a few years. •Concerned about any increase in SDCs; don’t want to negatively affect builders until otherpotential impacts are identified and understood. •There is a widely shared opinion that it should be easier to build an accessory dwelling unit. •The purpose of SDCs is to cover the cost of growth. •This proposal sends the message that it’s going to be more expensive to build in this area now. •Request made for a list of building projects that would not move forward if changes are made. •The risk of removing the cap is fairly small in terms of council’s ability to regroup. •Even after proposed increase, the local rates are substantially lower than most cities inOregon. •The imposition of a cap is a good idea because it creates certainty for budgeting issues. •If this is a big concern for developers, consider other ways to incentivize or offset SDC costs. •The first and second motions move the City forward and in the right direction. •By taking this action, the council is increasing the cost of building homes. November 13, 2018, Meeting - Item 3A ATTACHMENT C MINUTES – Eugene City Council October 15, 2018 Page 2 Work Session MOTION AND VOTE: Councilor Clark, seconded by Councilor Taylor, moved to direct the City Manager to revise the TSDC amendments that will be proposed for Council action by: imposing the increase in the SDC rate in two steps, charging ½ of the proposed increase for the first 12 months, then charging the full rate after 12 months. PASSED 5:3, Councilors Clark, Evans and Semple opposed. MOTION AND VOTE (including friendly amendment): Councilor Clark, seconded by Councilor Taylor, moved to direct the City Manager to revise the TSDC amendments that will be proposed for Council action by: reducing the TSDC for accessory dwelling units by 100 percent, instead of the 50 percent initially proposed by staff, including the reference that it affects homes 800 square feet or less. PASSED 7:1, Councilor Taylor opposed. MOTION: Councilor Clark, seconded by Councilor Taylor, moved to direct the City Manager to revise the TSDC amendments that will be proposed for Council action by: imposing an annual cap of $20,000 on the total amount of TSDCs waived for ADUs. MOTION TO SUBSTITUTE: Councilor Semple, seconded by Councilor Zelenka, moved to substitute $40,000 for $20,000 in this motion. Council Discussion •Council agrees that more ADUs are desired; would not want to put a cap on that type ofdevelopment. VOTE ON SUBSTITUTE MOTION: PASSED 5:3, councilors Taylor, Syrett, and Yeh opposed. VOTE ON MAIN MOTION AS SUBSTITUTED: PASSED 5:3, councilors Clark, Yeh, and Syrett opposed. MOTION: Councilor Clark, seconded by Councilor Taylor, moved to direct the City Manager to revise the TSDC amendments that will be proposed for Council action by: imposing an annual cap of $130,000 on the total amount of TSDCs waived under the City’s location-based, transit proximity, and transportation demand management incentive programs, combined. Council Discussion Question asked whether staff would forecast the idea that the City might lose the ability to facilitate projects that it has already committed to. if there is no cap and incentives to development lead to a surplus of building projects. MOVE TO SUBSTITUTE and VOTE: Councilor Semple, seconded by Councilor Clark, moved to substitute $260,000 for $$130,000 as the cap. FAILED 2:6, councilors Semple and Clark in favor. VOTE ON ORIGNIAL MOTION: PASSED 5:4, councilors Clark, Semple, Yeh and Syrett opposed; Mayor Vinis broke tie in support. 2.WORK SESSION: Transit TomorrowTransportation Planning Manager Rob Inerfeld and Lane Transit District’s Planning andDevelopment Director Tom Schwetz gave an update about Transit Tomorrow and the effort to November 13, 2018, Meeting - Item 3A MINUTES – Eugene City Council October 15, 2018 Page 3 Work Session identify the best way to move people in the community to the destinations that are important to them. MOTION AND VOTE: Councilor Clark, seconded by Councilor Taylor, moved to extend for 10 minutes. PASSED 5-3, councilors Syrett, Semple, and Clark opposed. Council Discussion •Questions asked about mobility on demand and whether it considers the use of taxis or TNCcompanies. •Decisions and issues are difficult; will result in improvements for some and challenges forothers. •Community is interested in and supportive of increasing transit access for more people. •Transit needs to be reliable regardless of your work schedule. •Consider how transit can support affordable housing whenever possible. •Transit is important to the City’s Climate Recovery Ordinance; better transit is needed tomeet expectation that people will leave their cars at home. •Late night service would be helpful for people who are out drinking or out at events. •Permitting dogs on buses would help increase ridership. •Efforts should appeal to all types of users, not just frequent riders. •Consider apprenticeship for bus drivers, using smaller buses and vans to provide services. •If transit is easy to access and convenient, people will use it. •If an emphasis is placed on shorter wait times, consider the impacts on those whose serviceis reduced. •Question asked about the estimate on taxes LTD will receive with the transportationpackage. •Questions asked about the pedestrian network analysis. •Consideration must be given to how we serve those people who can’t walk longer distancesto access more frequent service. •Night and weekend service is important and a long unmet need. •Important to consider how Transit Tomorrow will be aligned with or take into accountinitiatives that come out of the MovingAhead project. •Invite LTD to return to council after next round of public comments with alternatives.The meeting adjourned at 7:08 p.m. Respectfully submitted, Elena Domingo Deputy City Recorder Link to the webcast of this City Council meeting: here. November 13, 2018, Meeting - Item 3A MINUTES – Eugene City Council Meeting October 22, 2018 Page 1 M I N U T E S Eugene City Council Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 October 22, 2018 7:30 p.m. Councilors Present: Emily Semple, Betty Taylor, Alan Zelenka, Jennifer Yeh, Mike Clark, Greg Evans, Claire Syrett, Chris Pyror Mayor Vinis opened the October 22, 2018, meeting of the Eugene City Council. 1.PUBLIC FORUM1.Todd Boyle – supported getting a clear picture of housing needs to address the current crisis.2.Roy Ward – supported the proposed resolution opposing Ballot Measure 105.3.Nick Dikas – spoke in support of aggressive implementation of the Climate Action Plan.4.Karen Austin – spoke in support of aggressive implementation of the Climate Action Plan.5. Carol Scherer – spoke in support of aggressive implementation of the Climate Action Plan.6.Debra McGee – spoke in support of aggressive implementation of the Climate Action Plan.7.Betzi Hitz – spoke in support of aggressive implementation of the Climate Action Plan.8.Kris McAllister – supported collaborative homeless strategies and efforts.9.Otis Hachemeyer – opposed MUPTE granted for Obie development.10.Zondie Zinke – opposed MUPTE for Obie development; supported self-management of rest stop.11.Angelina – supported homelessness efforts.12.E. Running Duck – supported homeless protest camp; encouraged continued efforts to help.13.John Littleton – supported efforts to decriminalize homelessness.14.Kris Pearce – supported Dusk to Dawn camp proposal; focus on affordable housing issue.15.Cliff Gray – supported efforts to build more low-income affordable housing.16.Patricia Hadley – supported use of former LCC downtown center for sheltering homeless.17.Michael Carrigan – spoke about the housing crisis; supported proposed dusk to dawn site.18.Linda Kelley – spoke in support of aggressive implementation of the Climate Action Plan.19.Mike Hopkins – supported homeless protest camp; encouraged continued efforts to help.20.Marc Mills/Alicia Lynn Levey-Wilson – supported homeless protest camp; efforts to help.21.Tracy Joscelyn – encouraged continued efforts to help homeless; include them in plans.22.David Strahan – encouraged continued efforts to help homeless; include them in plans.23.Wayne Martin – encouraged continued efforts to help homeless; including daytime resources.24.Donna Riddle – said proposed dusk-to-dawn a good first step, but more resources are needed.25.Bob Cassidy – discussed proposed use of both the EWEB site and former City hall site.26.Kathy Walker – supported efforts to help the homeless; opposed to criminalization of homeless.27.Christopher Sekerak – addressed the current legal and logistical challenges of homelessness.28.Shell aka G’ma – enumerated the services and resources that would be helpful to the homeless.29.Kimberly Gladen – expressed frustration with conditions downtown.30.Robin Bloomgarden – supported the proposed resolution opposing Ballot Measure 105.31.Gabriel Chandler – supported the allotment of any City space to shelter the homeless.32.Laurie Hauber – discussed the impacts of policies that criminalize homelessness.33.Eric Jackson – discussed the impacts of policies that criminalize homelessness.34.Heather Sielicki - discussed the impacts of policies that criminalize homelessness; look at options. November 13, 2018, Meeting - Item 3A ATTACHMENT D MINUTES – Eugene City Council Meeting October 22, 2018 Page 2 Council Discussion •Stop signs on East Amazon have been requested previously; makes sense to put them atEast Amazon and Potter to slow down traffic and make it safer. •It was a mistake to ban smoking downtown. •People need a place to sleep; consider looking at the field off of 7th Avenue, nearWashington-Jefferson Park. •A much more robust public shelter is needed, but reject the notion that enforcing thecamping ban is criminalizing homelessness. 2.CONSENT CALENDARA. Approval of City Council Minutesa.September 19, 2018, Work Sessionb.September 26, 2018, Work Sessionc. October 8, 2018, Work Session B. Approval of Tentative Working Agenda MOTION AND VOTE: Councilor Clark, seconded by Councilor Taylor, moved to approve the items on the Consent Calendar. PASSED 8:0 3.PUBLIC HEARING: An Ordinance Extending the Term of Ordinance No. 19775 and Ordinance No. 20397 Granting to Comcast of Oregon II, Inc. a Franchise for Operation of a Cable Telecommunications SystemCity Manager Jon Ruiz introduced the item.Mayor Vinis opened and closed the public hearing; no one signed up to testify. 4.ACTION: Appointment to Budget Committee MOTION: Councilor Clark, seconded by Councilor Taylor, moved to appoint Alicia Voorhees to the Budget Committee for an unexpired term ending on June 30, 2020. SUBSTITUTE MOTION: Councilor Syrett, seconded by Councilor Zelenka, moved to substitute Adam Rue for appointment to the Budget Committee. Council Discussion •There was some confusion around the voting process which skewed the results. •Mr. Rue has good experience and would bring a valuable budget perspective, particularlyrelated to the City’s efforts around climate recovery. •Ms. Vorhees also has good experience and would represent a part of the community thathas been underrepresented in the past. VOTE ON SUBSTITUTE MOTION: FAILED 4:5, councilors Evans, Yeh, Clark, and Pryor opposed, Mayor Vinis broke tie in opposition. VOTE ON MAIN MOTION: PASSED 8:0. The meeting adjourned at 9:24 p.m. Respectfully submitted, Beth Forrest City Recorder Link to the webcast of this City Council meeting: here. November 13, 2018, Meeting - Item 3A MINUTES – Eugene City Council October 24, 2018 Page 1 Work Session M I N U T E S Joint Work Session of the Eugene City Council and Eugene Planning Commission Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 October 24, 2018 12:00 p.m. Councilors Present: Emily Semple, Betty Taylor, Alan Zelenka, Jennifer Yeh, Greg Evans, Claire Syrett, Chris Pyror Councilor Absent: Mike Clark Commissioners Present: Kristen Taylor, William Randall, Chris Ramey, Lisa Fragala, John Barofsky Commissioner Absent: Tiffany Edwards, Steve Baker Mayor Vinis opened the October 24, 2018, Work Session of the Eugene City Council. Planning Commission Chair Kristen Taylor opened the October 24, 2018, Work Session of the Eugene Planning Commission. 1.WORK SESSION: Joint City Council/Planning Commission MeetingPrincipal Planners Alissa Hansen and Terri Harding provided a brief overview of the PlanningCommission’s annual report and work plan.Discussion •Appreciation expressed for inclusion of a minority report when the Planning Commissionmakes a recommendation to the council. •Support reinstituting the Citizen Involvement Committee; would provide an invaluableavenue for community participation in important decisions. •Suggestion made to consider designating a City Council liaison to the Planning Commission;would be particularly helpful with quasi-judicial issues. •Request made for a list of all Planning Commission subcommittees and the issues each isaddressing. •The Planning Commission’s objective is to determine whether a project or proposal meetsthe code; political implications are often raised with City Council. •The Planning Commission can help the council gain clarity on complicated land use issue,surface alternative points of view, outline a process for public engagement, and identifypotential consequences of a decision. •Planning Commissioners are tasked with representing the entire city rather than a certaingeographic constituency during a time of profound change; decisions may be unpopularwith certain segments of community. •A more extensive process for selecting Planning Commissioners is needed; particularly theinterview process. •A certain level of expertise and understanding of state and local planning processes isneeded to serve effectively on the Planning Commission; support more robust appointmentprocess. November 13, 2018, Meeting - Item 3A ATTACHMENT E MINUTES – Eugene City Council October 24, 2018 Page 2 Work Session •Suggestion made that Planning Commission provide input to the council on reinstituting aCitizen Involvement Committee. •There is tension between some of the pillars of the Envision Eugene process: the goal ofprotecting neighborhoods vs the desire to increase density and limit sprawl. There is also alevel of incivility displayed by some members of the community towards the work of thePlanning Commission and council; important to remind and educate the public about theprocess. •The issues that emerged during the South Willamette project are a good example of aprocess that should have been referred back to the Planning Commission for furtherdeliberation. •The City Council needs to provide leadership around neighborhood livability and densityissues. •Important to remember that success comes with positive, incremental changes. •Encourage the public to attend Planning Commission and City Council work sessions andmeetings that occur before issues are scheduled for a public hearing. •Doing minimum outreach and public involvement on land use issues is not effective;consider going beyond what is required. •Improving public involvement and outreach is always helpful, but public should also beaccountable and make an effort to be engaged. •More regular updates on what the Planning Commission is working on would be helpful;particularly ward-specific information. •A greater culture of engagement is needed; important to appreciate, desire, and activelysolicit input from the community. •Consider diversity of city when designing public engagement efforts; invest in publicengagement up front for big community issues. •Consider use of reader boards to advertise issues and opportunities for involvement. •Clear direction from the City Council to the Planning Commission is very helpful; usebenchmarks and motions to clarify goals and direction. •Those in the community who practice strategic ignorance or are unaccepting of ademocratically made decision can hold the City Council hostage on an issue; recognize thosesituations where adequate outreach has occurred. •Project timelines may be dictated by state law or other factors; may limit the amount ofinvolvement. •Additional funding should be directed to neighborhood newsletters as a means to keepresidents informed. •If the council receives a significant amount of conflicting testimony on an issue, that is agood indication that the issue should be referred back to the Planning Commission. •Important for the Planning Commission to consider and present the potential consequencesof a decision when advising the council.The meeting adjourned at 1:29 p.m. Respectfully submitted, Beth Forrest City Recorder Link to the webcast of this City Council meeting: here. November 13, 2018, Meeting - Item 3A November 13, 2018, Meeting – Item 3B EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of Tentative Working Agenda Meeting Date: November 13, 2018 Agenda Item Number: 3B 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 The City Manager has no recommendation on this item. SUGGESTED MOTION Move to approve the items on the Tentative Working Agenda. November 13, 2018, Meeting – Item 3B ATTACHMENTS A. Tentative Working Agenda FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882 Staff E-Mail: bforrest@eugene-or.gov Work Session Action Public Hearing Public Forum Consent Calendar Committee Reports/Items of Interest Ceremonial Matters Pledge of Allegiance Updated November 8, 2018 Meeting Location: Harris Hall, 125 East 8th Avenue, unless otherwise noted November 2018 Date Day Time Title Length Dept. Contact 13‐Nov Tuesday 5:30 pm Committee Reports and Items of Interest Town Square Update (Work Session) 90 mins Will Dowdy, PDD 7:30 pm Pledge of Allegiance to the Flag Public Forum Resolution Annexing Land Located at 183 Ferndale Drive, (McGinley A 18‐5) (Consent Calendar) Resolution Annexing Land on Owosso Drive, (Day Joint Trust A18‐6) (Consent Calendar) Resolution Annexing Land on Spring Blvd South of 43rd Ave, (Zallon Revocable Trust A18‐7) (Consent Calendar) Resolution Amending LIRHPTE for Ross Lane Apartments (Consent Calendar) Appointment of CRB Representative to Police Comm. (Consent Calendar) Ordinance Granting Comcast Franchise Extension (Action) Dan Lawler, PDD Nick Gioello, PDD Nick Gioello, PDD Ellen Meyi‐Galloway, PDD Mark Gissiner, PA Pam Berrian, CS Expected absences for 11/13: none 14‐Nov Wednesday 12 pm NW Natural Gas Franchise (Work Session) Downtown Update (Work Session) 45 mins 45 mins Twylla Miller, CS Denny Braud, PDD Expected absences for 11/14: none November 13, 2018, Meeting – Item 3B ATTACHMENT A 2 19‐Nov Monday 5:30 pm Sustainability Commission Work Plan (Work Session) River Road/Santa Clara N’hood Plan – Project Update (Work Session) 45 mins 45 mins Chelsea Clinton, CS Eric Brown, PDD 7:30 pm TBD (Public Hearing) Expected absences for 10/15: none 26‐Nov Monday 5:30 pm Committee Reports and Items of Interest Clear and Objective Housing Approval Criteria Update (Work Session) Rest Stop Siting Policy (Work Session) 45 mins 45 mins Jenessa Dragovich, PDD Jason Dedrick, CS 7:30 pm Ceremonial Matters Public Forum Appointment to Metropolitan Wastewater Management Commission (Consent Calendar) Transportation SDC Methodology (Action) Dave Breitenstein, PW Dan Kaler, PW Expected absences for 11/26: none 28‐Nov Wednesday 12 pm Nuisance Codes (Work Session) Recycling Update (Work Session) 45 mins 45 mins Rachelle Nicholas, PDD Michael Wisth, PDD Expected absences for 11/28: none November 13, 2018, Meeting – Item 3B 3 December 2018 Date Day Time Title Length Dept. Contact 10‐Dec Monday 5:30 pm Committee Reports and Items of Interest Housing Tools and Strategies (Work Session) 90 mins Mike Kinnison, PDD Anne Fifield, PDD 7:30 pm Public Forum Resolution Approving LIRHPTE for 11th and Lincoln (Consent Calendar) Resolution Acknowledging Receipt of CAFR (Consent Calendar) URA‐Res. Acknowledging Receipt of URA Annual Financial Report (Action) Supplemental Budget (Public Hearing and Action) URA Supplemental Budget (Public Hearing and Action) Ellen Meyi‐Galloway, PDD Finn Cronin, CS Finn Cronin, CS Jamie Garner, CS Jamie Garner, CS Expected absences for 12/10: none 12‐Dec Wednesday 12 pm Emergency Operations Center (Work Session) TBD (Work Session) 45 mins 45 mins Randi Bowers‐Payne, CS Expected absences for 12/12: none Council Break: December 13 – January 3 January 2019 Date Day Time Title Length Dept. Contact 3‐Jan Thursday 5:30 pm State of the City Expected absences for 1/3: none Soreng Theater, Hult Center 9‐Jan Wednesday 12 pm TBD (Work Session) TBD (Work Session) Expected absences for 1/9: none 14‐Jan Monday 5:30 pm Committee Reports and Items of Interest TBD (Work Session) TBD (Work Session) November 13, 2018, Meeting – Item 3B 4 7:30 pm Public Forum Approval of Funding and Use of City Resources for Housing Affordable to Low‐Income Persons (Action) Ellen Meyi‐Galloway, PDD Expected absences for 1/14: none 16‐Jan Wednesday 12 pm TBD (Work Session) TBD (Work Session) Expected absences for 1/16: none 5:30 pm Joint City Council/Lane County Commission – Homeless Services Systems Analysis Report (Work Session) Jason Dedrick, CS 22‐Jan Tuesday 7:30 pm TBD (Public Hearing) Expected absences for 1/22: none 23‐Jan Wednesday 12 pm TBD (Work Session) TBD (Work Session) 45 mins 45 mins Expected absences for 1/23: none 28‐Jan Monday 5:30 pm Committee Reports and Items of Interest TBD (Work Session) TBD (Work Session) 7:30 pm Public Forum Expected absences for 1/28: none 30‐Jan Wednesday 12 pm TBD (Work Session) TBD (Work Session) Expected absences for 1/30: none November 13, 2018, Meeting – Item 3B 5 February 2019 Date Day Time Title Length Dept. Contact 11‐Feb Monday 5:30 pm Committee Reports and Items of Interest TBD (Work Session) TBD (Work Session) 7:30 pm Public Forum Expected absences for 2/11: none 13‐Feb Wednesday 12 pm TBD (Work Session) TBD (Work Session) Expected absences for 2/13: none 5:30 pm TBD (Work Session) 19‐Feb Tuesday 7:30 pm TBD (Public Hearing) Expected absences for 2/19: none 20‐Feb Wednesday 12 pm TBD (Work Session) Police Commission, Sustainability Commission, Human Rights Commission Updates (Work Session) 45 mins 45 mins Expected absences for 2/20: none 25‐Feb Monday 5:30 pm Committee Reports and Items of Interest TBD (Work Session) TBD (Work Session) 7:30 pm Public Forum Expected absences for 2/25: none 27‐Feb Wednesday 12 pm TBD (Work Session) TBD (Work Session) Expected absences for 2/27: none November 13, 2018, Meeting – Item 3B 6 March 2019 Date Day Time Title Length Dept. Contact 11‐Mar Monday 5:30 pm Committee Reports and Items of Interest TBD (Work Session) TBD (Work Session) 7:30 pm Public Forum Expected absences for 3/11: none 13‐Mar Wednesday 12 pm TBD (Work Session) TBD (Work Session) Expected absences for 3/13: none Council Break: March 14 – April 8 Work Session Action Public Hearing Public Forum Consent Calendar Committee Reports/Items of Interest Ceremonial Matters Pledge of Allegiance Approved Work Session Polls to be Scheduled Councilor Date Approved Hwy 99/Bethel Urban Renewal District Evans 11/9/17 Home Energy Score Policy Data Collection Policy/Protection of Individuals and Groups Single‐Use Plastics Ban Potential Regulation of Natural Gas in Eugene Revisit City Code Regarding Alley Access Rules Semple Syrett Semple Semple Semple 3/9/18 7/19/18 10/04/18 10/11/18 10/11/18 Follow‐Up Work Sessions to be Scheduled $1 Million Shelter Commercial Setbacks Inclusionary Zoning November 13, 2018, Meeting – Item 3B November 13, 2018, Meeting – Item 3C EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Adoption of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 17-04-11-13, Tax Lot 1400—Located at 183 Ferndale Drive) (McGinley; A 18-5) Meeting Date: November 13, 2018 Agenda Item Number: 3C Department: Planning and Development Staff Contact: Daniel Lawler www.eugene-or.gov Contact Telephone Number: 541-682-5282 ISSUE STATEMENT This item is a request to annex a parcel located at 183 Ferndale Drive, west of River Road. The parcel to be annexed is approximately .24 acres (10,670 square feet). The parcel contains an existing single-family home. No public right-of-way is proposed for annexation as part of this request. A vicinity map is provided as Attachment A. The property is zoned R-1 Low Density Residential with /UL Urbanizable Land overlay, and is designated for low-density residential use in the Metro Plan and the applicable refinement plan, the River Road-Santa Clara Urban Facilities Plan. The area of annexation is located within the City’s urban growth boundary and is contiguous to Ferndale Drive, which is within City limits. 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 attached draft resolution (Attachment B). 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 November 13, 2018, Meeting – Item 3C 500 feet of the subject property and the affected neighborhood association (Santa Clara Community Organization) consistent with Eugene Code requirements. 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 resolution2.Adopt the draft resolution with specific modifications as determined by the City Council3.Deny the draft resolution4.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 the resolution approving 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 November 13, 2018, Meeting – Item 3C FOR MORE INFORMATION Staff Contact: Daniel Lawler Telephone: 541-682-5282 Staff E-Mail: dlawler@eugene-or.gov Caution:This map is based on imprecisesource data, subject to change,and for general reference only. McGinley (A 18-5) R I V E R R D FERNDALE DR CI N D Y S T BLAZER AVE CHAPEL DR ME M O R Y L N AVA ST QU I E T L N LOBELIA AVE WI S T E R I A S T WEDGEWOOD D R FOXGLOVE AVE RIVER LOOP 1 K N A V E S T ´ November 2018 Subject Property UGB 0 500250Feet Legend Subject Property Taxlots City Limits Subject Property City Limits November 13, 2018, Meeting – Item 3C Resolution - Page 1 of 2 RESOLUTION NO. _____ APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR’S MAP 17-04-11-13, TAX LOT 1400—LOCATED AT 183 FERNDALE DRIVE. The City Council of the City of Eugene finds that: A. An annexation application was submitted on August 8, 2018, by Anne McGinley, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”) to annex property identified as Assessor’s Map 17-04-11-13, Tax Lot 1400, to the City of Eugene. 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 October 12, 2018, 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 perimeter 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 November 13. 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 17-04-11-13, Tax Lot 1400, depicted on the map attached as Exhibit A, and more particularly described in the attached Exhibit B, is annexed to the City of Eugene. 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 Low-Density Residential /UL November 13, 2018, Meeting – Item 3C Resolution - Page 2 of 2 Urbanizable Land Overlay to R-1 Low-Density Residential pursuant to EC 9.7820(3) shall become effective in accordance with State law. The foregoing Resolution adopted the ____day of November, 2018. ______________________________________ City Recorder November 13, 2018, Meeting – Item 3C November 13, 2018, Meeting – Item 3C November 13, 2018, Meeting – Item 3C McGinley (A 18-5) October 2018 Page 1 Exhibit C Planning Director’s Findings and Recommendation Annexation Request for McGinley (City File: A 18-5) Application Submitted: August 8, 2018 Applicant: Anne McGinley Property Included in Annexation Request : Tax Lot 1400 of Assessor’s Map 17-04-11-13 Zoning: R-1 Location: 183 Ferndale Drive Eugene, OR 97404 Representative: Anne McGinley, 541-520-0725 Lead City Staff: Dan Lawler, 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 an d 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 property is entirely within the City’s UGB. The area of annexation is contiguous to the City limits along Ferndale Drive, consistent with subsection (a). The annexation area is not separated from the City limits by any features. 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) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page II-C-5). YES NO November 13, 2018, Meeting – Item 3C McGinley (A 18-5) October 2018 Page 2 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 following policy from the Residential Element of the Metro Plan is also applicable: Policy A.2 Residentially designated land within the UGB should be zoned consistent with the Metro Plan, and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and UGB until rezoned for urban uses. The Metro Plan designates the annexation area as appropriate for low-density residential use. The River Road-Santa Clara Urban Facilities Plan (RR-SC) is the adopted refinement plan for the subject property and also designates the area for low-density residential use. The property is currently zoned R-1 Low-Density Residential and /UL Urbanizable Land Overlay. The /UL overlay will be automatically removed from the zoning following annexation approval. The subject property is not located within a special subarea of the RR -SC. The proposed annexation advances Residential Land Use Policy 1 of the RR-SC, which encourages land uses that recognize and maintain “the predominately low-density residential character of the area consistent with the Metro Plan.” In addition, the proposed annexation does not appear to conflict with any other residential land use policies of the RR-SC. 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 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 A 4-inch wastewater line is stubbed to the subject property via the 8-inch mainline in Cindy Street. There are no on-hold wastewater assessments on this tax lot. YES NO November 13, 2018, Meeting – Item 3C McGinley (A 18-5) October 2018 Page 3 Stormwater Public stormwater systems are not available to serve this property. Records show that the soils are mapped Type C. Infiltration testing may be required at the time of development to demonstrate adequate percolation rates; however, there are options for complying with stormwater standards which will be further evaluated at the time of future development. Transportation The annexation area abuts Ferndale Drive, a local street, which connects to River Road, a major arterial. River Road is fully developed with sidewalks, curbs, gutter, and street trees, but Ferndale Drive is not improved to City standards. Access management and street standards will be evaluated at the time of future 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 also state no objection to the annexation. Water and electric services can be extended to the subject property 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 November 13, 2018, Meeting – Item 3C McGinley (A 18-5) October 2018 Page 4 The subject property is within Eugene School District 4J and is within the district boundary of Holt Elementary School, Monroe Middle School, and Sheldon 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. 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. November 13, 2018, Meeting – Item 3C Annexation Request 183 Ferndale Drive, Eugene, Oregon This request is consistent with all applicable criteria in Section 9.7825 of the Eugene Code as follows. (1) The land proposed to be annexed is within the city’s urban growth boundary. The property at 183 Ferndale Drive is in the Santa Clara area of Eugene, just west of River Road and north of Irving. According to the Eugene Planning and Development website here: https://www.eugene-or.gov/2987/Adopting-Our-Urban-Growth- Boundary, the property at 183 Ferndale Drive is within the urban growth boundary. (1)(a) The land proposed to be annexed is contiguous to the city limits. The entire southern border of the property is annexed to the City of Eugene, as is the property next door, at 185 Ferndale Drive. Because the property at 183 Ferndale is adjacent to these already-annexed lands, it is contiguous to the city limits. (2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. We are actively improving the condition of this formerly vandalized, vacant property and will use it for residential purposes. This meets the Metro Plan’s goals of promoting availability of quality housing; using annexation, provision of adequate public facilities and services, rezoning, redevelopment, and infill to meet the 20-year projected housing demand; and pursuing strategies that encourage rehabilitation of existing housing and neighborhoods. The proposed annexation is also consistent with the specific Metro Plan policies below. Metro Plan 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 urba n services and facilities. Conversion of urbanizable land to urban shall also be consistent with the Metro Plan. (Page II-C-4) How proposal meets policy: The property already has key urban facilities in place including paved street access, electric service, water service, communications service, wastewater system, fire and emergency services, and public parks. Police services can November 13, 2018, Meeting – Item 3C 183 Ferndale Drive Annexation Request 2 be extended to this site upon annexation, and increasing the number of annexed properties will increase the efficiency of service delivery to the entire Santa Clara area. Metro Plan Policy 10: Annexation to a city through normal processes shall continue to be the highest priority. (Page II-C-4) How proposal meets policy: This proposal satisfies the city’s growth management objectives on multiple fronts. Annexing Santa Clara-area property inside the urban growth boundary is a high priority for the city’s growth management efforts. In addition, the property was uninhabitable before we bought it; annexing the rehabilitated property will improve the quality of life in the area while helping to meet the city’s housing goals. Metro Plan 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) How proposal meets policy: The proposed annexation is in an area where more and more properties are being annexed to the city, and th is proposal follows the city’s desired progress toward transitioning the Santa Clara area to an urban one. Metro Plan Policy 17: Eugene and Springfield and their respective utility branches, Eugene Water & Electric Board (EWEB) and Springfield Utility Board (SUB), shall be the water and electrical service providers within the UGB. (Page II-C-6) How proposal meets policy: This property is already serviced by EWEB. Metro Plan Policy 3 in the “River Road and Santa Clara Goals, Findings, Objectives, and Policies” section: Annexation of the River Road and Santa Clara areas will occur only through strict application of state laws and local policies (e.g., ability to extend key urban facilities and services in a timely manner). In each case, Eugene will make every reasonable attempt to provide for annexation only on a voluntary basis and according to prior individual property annexation agreements. (Page II-F-4) How proposal meets policy: This annexation request is voluntary and adjacent properties have already been voluntarily annexed. The property at 183 Ferndale Drive is located in the Santa Clara area, so it’s a good fit for the City of Eugene’s goal of providing for annexation. (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 property at 183 Ferndale Drive has the following key urban facilities and services in place: November 13, 2018, Meeting – Item 3C 183 Ferndale Drive Annexation Request 3 •paved street access, •electric service, •water service, •communications service, •wastewater system, •fire and emergency services, •a public park is located right down the street on Ferndale Drive. In addition, there are two stormwater catch basins on Quiet Lane, which is located across Ferndale Drive from the property. The Metro Plan contains policies specific to the River Road/Santa Clara area, where this property is located, in the section entitled “River Road and Santa Clara Goals, Findings, Objectives, and Policies”. This annexation request is consistent with all of the applicable policies (Metro Plan pages II-F-4 and II-F-5), especially policies 1 through 4 (policies 5 and 6 refer to engineering studies and incorporation of a new city and are not applicable to this request): 1.Eugene shall develop methods of financing improvements in the River Road and Santa Clara areas which are responsive to the unique situation of residents and property owners, as well as the City of Eugene. - No City-financed improvements are needed or requested for this annexation. 2.Eugene will plan, design, construct, and maintain ownership of the entire wastewater system that services the River Road and Santa Clara areas. This will involve extraterritorial extension which will be supported by Lane County before the Lane County Local Government Boundary Commission and all other applicable bodies. - Wastewater catch basins already exist on Quiet Lane, across Ferndale Drive from the property. 3.Annexation of the River Road and Santa Clara areas will occur only through strict application of state laws and local policies (e.g., ability to extend key urban facilities and services in a timely manner). In each case, Eugene will make every reasonable attempt to provide for annexation only on a voluntary basis and accordin g to prior individual property annexation agreements. - As noted above, this annexation request for the Santa Clara area is voluntary and neighboring properties have already been voluntarily annexed. 4.The City of Eugene shall provide urban services to the River Road and Santa Clara neighborhoods upon annexation. In the meantime, to reduce the groundwater pollution problem, Eugene will extend wastewater service to developed properties. - Urban services already exist at the property. November 13, 2018, Meeting – Item 3C November 13, 2018, Meeting – Item 3C November 13, 2018, Meeting – Item 3C November 13, 2018, Meeting – Item 3C RECEIVED Annexation Request 183 Ferndale Drive, Eugene, Oregon I AUG - 8 2018 CITY OF EUGENE This request is consistent with all applicable criteria in Section 9.7825 of the Eugene Co e. The land proposed to be annexed: Is within the city's urban growth boundary. Is contiguous to the city limits - the property next door, at 185 Ferndale Drive, has already been annexed. Already has electrical and water service, a wastewater system, and fire and emergency services, and is near a public park on Ferndale Drive. The request is consistent with the Metro Plan policies, including: Use annexation, provision of adequate public facilities and services, rezoning, redevelopment, and infill to meet the 20-year projected housing demand. Pursue strategies that encourage rehabilitation of existing housing and neighborhoods. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. Annexation to a city through normal processes shall continue to be the highest priority. November 13, 2018, Meeting – Item 3C Consent to Annexation Consent is hereby given to the annexation by the City of Eugene, Oregon of the following described real property: TA/01- Map and Tax Lot: Address: 10.y ~ ~ Q Legal Description: 01S (-a0C9CVCIj6, aLt5 ,f nd~tj 1, V, ~~G j e(7,C rye 3(a t Prco r6(,s In the corporate limits of said city, which is owned by the undersigned 70 DATED this .day of - It, 20 f. STATE OF OREGON ) ss County of E ) ft-nd avid Cain ty On this - + ~ day of 20 1, , before me, the undersigned, a notary public in and for the said 5ounty and state, personally appeared the within-named, 141I i e ~IL C r N ! Cte 5r , [ r who is known to me to } e'the identical individual described herein and who executed the same freely and voluntarily. Seal:IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. OFFICIAL STAMP_uMICHAELJCHASEf_ NOTARY PUBLIC-OREGON Notary Public for OregCOMMISSIONNO. 947367MYCOMMIS5lONF?(P1RI=5 FEBRUARY 15, 2020 My Commission Expires ~Za November 13, 2018, Meeting – Item 3C 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. Proper y A rin vi and Am,] r, V 06; Owner(s) Name: 0 Assessor's Map and Tax Lot Numbers for Properties Proposed for Annexation For example: Map 17-03-19-31, Tax Lot 100) 11 r r. 'Tai l®t 4CO 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: V will be served from an existing gravity wastewater line. Locati and si of exij, g wastew ter line: will be s ed 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 t1e site currentl served by an approved storrnwater , ystem?k;r-(v-yr C~ a r ' G{c'c tz3 1 t~, Ae ross Fe Y G~(A[t a111 PTV V r5"November 13, 2018, Meeting – Item 3C If yes, location? 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. Vidal e Will dedication for additional street right-of-way be required upon further development of this site? Yes VIINa Unknown Will existing streets be extended or new streets constructed upon further development of this site? Yes 11 No Unknown 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: i:W k VIA (C- pa- r(c f A I 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 November 13, 2018, Meeting – Item 3C 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 EWEB, 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._ err 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 November 13, 2018, Meeting – Item 3C 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 November 13, 2018, Meeting – Item 3C 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: Seal: November 13, 2018, Meeting – Item 3C I'ORAAUTIONAONY- S.W.1/4 N.E.1/4 SEC. 11 117S. RAW. W.M. 17041113 ILL` Lane County EUGENE 1^=100' EE E r"vI ~r ~ [ 345 M.eP 5151. 5001 2900 1500 41.17-i „q0 • f l' ']L MAC AC 71nn hry 004-o0 Sa 004-17 ',++r 530 CELLED ti'•' - ° 1 - CAN 1000 r Il, i', s 1700 v;on 7200 1900 ER-N-DAL E f:~ .•.~-,-r _ 024A 200 2001 201 711r. 1801 RIVER LC) NO. 1 330000° r.. 0.]e AC r rog3 err-iris 3000 004, 2200 1800 !H I 3300 yl. + 1 -1 3400 7l X, I• 0.XAC - !L / 380 1902 37 S. 7t';~ ' LLL - 3800 3900 400 4200004-17 'I v 7500..~~ 5 son40J 303eTrun~ ~ll~, t'L rrr~~ 5ft kk 900 6700 C~ Ll 1" 1erri 700 7400 500 900 o - - - 5500 mo ` x 17]000 „ -,.:51 _ ' 5503 Kp :500 { 5502 5100 l` r{ aw •rLU , ,S„ t elm s 0 t Z f nom 1 117 lr0 ~ - -00p: 2700 ' © - a7eec 004-17 , 1 I ntm -*fio 4a 9400 3 n,}f 1 Von 9fW 1. SilWI 1'1,11f ~1 F,0] Woo nml VA I 3.t' NPP dxCrY 8500 I - KP - i:4 r OIL 7d1Uq7A 50W C.O° u-. i a [k= •1..., 55]: LA 425 ealb ; 00-17 004 7 1 04 17 °9 L 1, 4 r„a0 M111t2. YYT ^Il1}s5f1pjai - iIV i 1 9701 1 ~ 6~rn: 5900 ~•.~LLJ . ;mO ]0` 5. SYh y I - d a @Ce MAP 04 IZ~Ir, 3+ 1E V SEE MAP _ F 3E, MAP 04riL' Q 1 M41r~, EUGENE 17041113 November 13, 2018, Meeting – Item 3C EXHIBIT A Order No.: WT0143174 Lot 5 Block 2, CHAPEL PLAT, as platted and recorded in Book 26 Page 17, Lane County Oregon Plat Records, in Lane County, Oregon. November 13, 2018, Meeting – Item 3C Real Property Tax Lot Record Lane County Assessment and Taxation Print Date: May 09, 2018 In preparation of these records, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limitation, Lane County disclaims any responsibility for typographical errors and accuracy of this information. The information and data included on Lane County servers have been compiled by Lane County staff from a variety of sources, and are subject to change without notice to the User. Lane County makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data. In 2011, Assessment and Taxation was awarded an economic development grant which facilitated the scanning of the approximately 160,000 then-existing tax lot records. The scanning took place between February and June 2012. The legal descriptions contained herein are for tax lot purposes only. Included in this report: 1. A listing of documents affecting ownership and/or property boundary changes. 2. The scanned tax lot record image and any legal description changes made since. Map & Tax Lot: 17-04-11-13-01400 Current Parcel/Account TCA 0357754 00417 Status: Active Document # Type Date Effective Year Tax Lot Acres Comments: 2017-016894 Warranty Deed 0410412017 2017 Comments: 2017-014921 Trustee Deed 0312112017 2017 Comments: 0.00 0.00 Description Card 0.00 Comments: November 13, 2018, Meeting – Item 3C 29161-B-11 OFFICIAL RECORD OF DESCRIPTIONS OF REAL PROPERTIES 4 VD NUMBER OFFICE OF COUNTY ASSESSOR LANE COUNTY, OREGON CODE NO. MAP - 04 11 r~y LTA X OT h1U r +'-~o4~ry11 17 1 w AERIAL PHOTO V ACCOUNT NUMBER TOWNSHIP D.W.N.RANGE E I B F Chapel PlatENO.NO I CITY DEED RECORD ACRES INDENT EACH NBUr RSE TO THIS POINT LEGAL DESCRIPTION DATE OF ENTRY DEEn NUMI06R REMAINING Lot 5,Block 2 Chapel Plat as platted and 1959 R-114 recorde in Book 26, Page 17,Lane icounty Oregon 29Apr58 Plat Records. I 37600 I R-125 54867 9Dec58 1960 R143/8329 63290 1961 R150/95248 i 1963R. 198 75584 I.1968382/ November 13, 2018, Meeting – Item 3C OFFICIAL RECORD OF DESCRIPTIONS OF REAL PROPERTIES OLD NUMBER OFFICE OF COUNTY ASSESSOR LANE COUNTY, OREGON MAP TAX NO LOT NO. CODE NO. AERIAL. PHOTO ACCOUNT NUMBER SECTION TOWNSHIP S. RANGE W.M. LOT BLOCK NO. NO. ADDITION CITY DEED RECORD ACRES INDeNTencN_NSw _ LEGAL DESCRIPTION REMAININGDATEOFENTRYIDEEDNUMBER November 13, 2018, Meeting – Item 3C E O wAM o C TI,T; nose a afvt ao a+o rwgry Fop Ita rtep IMP u1P TaIOMep 0 rt t Nx No I urt to o rt JOx A N O FI p O O l MID p Q I NOTpUrt I l 1 O D 0 0"oUlUrt fT1 a6 wID C.l1 3 D C7 ~jOAS wAM V~K ii JD~ # I +flU n~wese'wr u r°+ O I~ O d N X O° O nO A M U1Om LA 7 zr r'TRAKRiC rcaTr a aetoo NDY s 6 LINE 'Q' r I~ r*1~ M V&W 0'+r".r lea^C as O n ua w~TU rne~ a an~r W rt r 41 kmvtT NCMMR o q TI AMM rvrt aan" Z_7 Y Qrt n A= V~VF . rr~ i Ttp VILLT I,lUG 51U1 m 67O w W L m 04 I I ...:r uni W M wpm as C)o a i_o v rt in I rt w ncinORWr y oo v W It X i N N onOr. rIQ KiQ a anon i o November 13, 2018, Meeting – Item 3C LocalWn of Sewow c nan Pubib Warke EnOmWmg 5~ of Eugene D9 Went I Olh Avenue Eug", OR P401 9f'-98 M p and Tax Lot J1 - • It 1 P Mop , . owmw ! ~1# s f 14ANCAmAiv & Wng Type; FD DWI$x MWU-FmrWl Cvm -1@1 IndusbW RiQh#-af~MYa F W POW& P.Mul ed rrnlt Dale of ar+re DIv~t Rrherga CantractrxiAanlaor Pia MeMrW PIpB Dismeeer ~T Irdallaticn Deiler I r 1~9d 8tr R9r'MNI?W Or "MI 40altenh prhrat* sewer COMM 4n to PU4110 WOO in CQM* Near W IQ W A ndard® and ins. Pohlla $omw inn InepeaNd il~ ml Na - ca wad Na, Jt~- tiQ uP o sn~rw TWO WORKINLi DAVE BU04RE YOU aEk CALL LMLITY CW-Q ILL SEflME AT I =4S" N Q14 Dom! ass 424 Whtte- PWM: Yellow - +4ppkaft Pink - PWFJPIC: Gold - PWI 111e voy lid"November 13, 2018, Meeting – Item 3C November 13, 2018, Meeting – Item 3C suro ~ CDr+ r+C Ortn rDsu 00 -O rDvm n , 0 03m mnr HQrDm rFrDrO S ^ 0 d < r+ dO r+ ID DD \ u CDa r* rDr, IT QDo a r (D ( D LM rDCrD3 mw o rDO Ox rD rD = v W xar rDrD X d r+ O 73- SfD rDm r+ a-o o pr m NN rD0 n rD t ~ O p I'D C m c N j 3m ° ~m xwro 00x • O rb C oL mrD + 0 Z bQ- { m0 o r* r v 70 73 CLO Q '0 V O 7r+OrDrpS Z3 +rD m o rn _ Oo N0 nzi0 0 iS2oprDZ ica-m y7N OrbrD rrfwX r* r,0 -nO QfD ° rn v mn v, ra r3- rZ :3 NrrDa D 7r0+, W NQN rr Qr+ rtia rD o 3rDro vrD r+ r+jwvi^ SCLO lu pr rD rDN DOI'D r~ C r+ rDC rzp 0 . rD 7 r+ Oh -:s Q v x d r+ O 7 X - Q c rb n n C Q O l1~AWN a 3I Q rD 0 OQ Wm CL w Z G 61V 1~ (D C) 1 4q, C) rD D n rJr 3 oc` Q V r+11O ~X P- x 1r 1OWO c z o3 m Oo c 0- CL ro j ` 0 ao C nr, z 0 fD a DrzWnV SIITIIII2C C1C711ArF O OrDC O7 O Q MrD Dft rD n IrodF ON 00 LAf~m C f) G) 00 doIIIIII m Drt0o rD iDD3rDrD nr7Qn i D 0 G rDrD M O LA 7rt 3r+ M O rr7 oVf 3 ~ QC m N as rD r+ M O Z a c, co d November 13, 2018, Meeting – Item 3C tii# A:)iloduiAlsnoinaadpagiaasapsuoilipuo:) aapun)1:)ialsipaainaasMauajouoijeaaD •p ao :(6Z# A:)iloduiAlsnoinaadpagia:)sapsuoppuooaapun)1:)ialsip2uilsixaueo} uoilexauuya fAjpeqj!msjuawaaAeuoi}exauuelenpeajuoD •q Ajpa01u011exauuye aapaoAliaoiadui) pogl,?wDuimollo} aqjAqpapino.idaqlleysaainaasjey}'aainaas ueganmau /sue411Mpapinoadsi9!)nayjuigl!mAjolpia} paleaodio:)uiunuayM 'OZ s.in:):)oAlfaao} uoilmmue ajewillnpunsuoilnlosAaanilapa:)inaaswp@juisepaaapisuo:) aqlleqssuoilexauue4:)nS MeluoilexauueuoBaap qj!mjualsisum /\Iiaalge:)ilddeaqjy}ims}uawaajOexauueoljuasuoapau2is aneqsaaUmoAliadoidpaIaa}je 'uopajoidaiijouaneqjegjseaaeaoljda:)x3 •q November 13, 2018, Meeting – Item 3C LANE COUNTY 1.Property Account Summary As Of 8/8/2018 Status: Active Account No.: 0357754 Alternate Property Number: 1704111301400 Account Type: Real Property TCA: 00417 Situs Address: 183 FERNDALE DR EUGENE OR 97404 Legal: Township 17 Range 04 Section 11 Quarter 13 TL 01400 Parties: Role Name & Address Owner MCGINLEY BRIAN & ANNE 1593 LARKSPUR LOOP EUGENE OR 97401 Taxpayer MCGINLEY BRIAN & ANNE 1593 LARKSPUR LOOP EUGENE OR 97401 Property Values: Value Name 2017 2016 2015 2014 2013 MKTTL 222,989 202,996 190,961 182,424 161,854 AVR 157,591 153,001 148,545 144,218 140,017 TVR 157,591 153,001 148,545 144,218 140,017 Property Characteristics: Tax Year Characteristic Value 2017 Property Class Change Property Ratio Size Code Split Neighborhood M5 tax compression for education Exemptions: 101 Res conforming improved 1 XX Residential 0.25 N 431300 2.50 End of Report) Run: 8/8/2018 10:52:47 AM AS00037 [Ascend_Prod_Rpt] Page 1November 13, 2018, Meeting – Item 3C A.,ft ANNEXATION Planning 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 1 -7- ru--1 I 3 1 ~n Property Address: I ~ 3 F-L V P ` Aak b r, Plans for Future Development & Permit Number (if applicable): Public Service Districts: K. q7404 Name Parks: Electric: Water:r l Sanitary Sewer CIA Fire: Schools:Ele r1A Middle:High: nr 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.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: December 2016 Page 1 of 4November 13, 2018, Meeting – Item 3C weeks prior to the hearing date. At the hearing the council may adopt a resolution approving, modifying and approving, or denying the application for annexation. An effective date for the annexation shall be set in accordance with state law. 3 of 3 November 13, 2018, Meeting – Item 3C 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: ClJ Name (print): A Lae Address: 1,561-Email: C~ V / I [~~`~'I Y LC L City/State/Zip:q /Phone: 1--~ ^F :0 -72 - Signature: 1 Date: PROPERTY OWNER OF TAX LOT: Name (print): 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): Company/Organization: Address: City/State/Zip: Phone: Fax: E-mail: Signature: Date: Planning & Development Updated: December 2016 Planning Division 99 W. JOT" Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail:eugeneplanning@ci.eugene.or.us Page 3 of 4November 13, 2018, Meeting – Item 3C PLANNING RECEIPT DATE 8/8/2018 City of Eugene Planning Method of Payment Customer Information Cash Name Anne McGinley Check Address 0 Visa/MC Project 183 Ferndale Amount Received 5,155.70 City/Government Agency 3 ftCf1tECn hypeIF, A 14COdiliCgftOn £tftlGriC~![1f' QSf' 4 SOU ltEt1W"" 1 Annexation 1 $ 4,730.00 $ 4,730.00 2 3 4 5 7 8 9 Other Other Appeal 1 Appeal Admin Fee (not included on appeals or other fees) Total Subtotal App Fees $ 4,730.00 Subtotal Other Fees $ - 9% $ 425.70 5,155.70 Staff Receiving Application kew 99 west 10th Avenue • Eugene, Oregon • 97401 • 541-682-5377 • eugeneplanning.org November 13, 2018, Meeting – Item 3C DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF EUGENE BUILDING & PERMIT SERVICE 99 WEST 10TH AVE 682-5086 REG-RECEIPT:1-0003391 Aug 06 2018 CASHIER: DMB Annexation Fee $4,730.00 183 Ferndale Admin Fee-Auto Calc $425.70 TOTAL DUE: $5,155.70 RECEIVED FROM: ANNE MCGINLEY Credit: $5,155.70 Total tendered: $5,155.70 Change due: $.00 www.eugei-ie--or~.gov/bldgpermittracking Please take our customer survey at: www.surveymonkey.com/s/C0EPerrri i t S u r v e y DUPLICATt RECEIPT DUPLICATE RLCETPI November 13, 2018, Meeting – Item 3C November 13, 2018, Meeting – Item 3D EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Adoption of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 17-04-13-32, Tax Lot 5200 — located on Owosso Drive) (City File: Day Joint Trust; A 18-6) Meeting Date: November 13, 2018 Agenda Item Number: 3D 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 a vacant property located on Owosso Drive east of River Road. The property to be annexed is approximately 1.14 acres (49,658 square feet). No public right-of-way is proposed for annexation as part of this request. A vicinity map is provided as Attachment A. The property is zoned R-2 Medium-Density Residential with /UL Urbanizable Land overlay. The property is designated for medium density residential use in the Metro Plan and the applicable refinement plan, the River Road - Santa Clara Urban Facilities Plan. The area of annexation is located within the City’s urban growth boundary and is contiguous to the City limits. Annexation will allow for future development consistent with the property’s land use 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 9.7825 which requires 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 attached draft resolution (Attachment B). 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 (River Road November 13, 2018, Meeting – Item 3D Community Organization), consistent with Eugene Code requirements. No testimony has been received to date regarding the proposed annexation of this property. 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 resolution2.Adopt the draft resolution with specific modifications as determined by the City Council3.Deny the draft resolution4.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 a resolution approving 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 November 13, 2018, Meeting – Item 3D FOR MORE INFORMATION Staff Contact: Nicholas R. Gioello Telephone: 541-682-5453 Staff E-Mail: ngioello@eugene-or.gov Caution:This map is based on imprecisesource data, subject to change,and for general reference only. Day Joint Trust (A 18-6) R I V E R R D OWOSSO DR E ROSEWOOD AVE CORLISS LN HERITAGE AVE ROSEWOOD AVE MAXWELL RD ON O A V E KOURT DR EV E R G R E E N D R HAMILTON AVE CA M E L O T A V E NORMAN AVE IV A N H O E A V E CAROLYN DR EV E R G R E E N D R ´ October 2018 Subject Property UGB 0 500250Feet Legend Subject Property Taxlots City Limits Subject Property City Limits November 13, 2018, Meeting - Item 3D Resolution - Page 1 of 2 RESOLUTION NO. _____ APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR’S MAP 17-04-13-32, TAX LOT 5200—LOCATED ON OWOSSO STREET, EAST OF RIVER ROAD, AND NORTH OF HERITAGE STREET. The City Council of the City of Eugene finds that: A. An annexation application was submitted on August 21, 2018, by G. Franklin Day, on behalf of Day Joint Trust, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”) to annex property identified as Assessor’s Map 17-04-13-32, Tax Lot 5200, to the City of Eugene. 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 October 12, 2018, a notice containing a geographical reference to the property, the assessor’s map and tax lot number for the property, 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 perimeter 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 November 13, 2018. 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 which are attached as Exhibit C and adopted in support of this Resolution, it is ordered that the land identified as Assessor’s Map 17-04-13-32, Tax Lot 5200, depicted on the map attached as Exhibit A, and more particularly described in the attached Exhibit B, is annexed to the City of Eugene. November 13, 2018, Meeting - Item 3D Resolution - Page 2 of 2 Section 2. This Resolution is effective immediately upon its passage by the City Council. The annexation and the automatic rezoning of the land pursuant to EC 9.7820(3) from R-2 Medium Density Residential and /UL Urbanizable Land to R-2 Medium Density Residential shall become effective in accordance with State law. The foregoing Resolution adopted the ____day of November, 2018. ______________________________________ City Recorder November 13, 2018, Meeting - Item 3D November 13, 2018, Meeting - Item 3D LEGAL DESCRIPTION All those lands conveyed in that Warranty Deed recorded on February 25, 2011 as Document Number 2011-009423 in the Lane County Oregon Official Records, said lands being more particularly described as follows: COMMENCING at a 5/8-inch iron rod on the Easterly right-of-way line of River Road 206.38 feet South 16°47’45” East from a 5/8-inch iron rod marking the intersection of the South right-of-way line of Owosso Drive, said South line being 25.0 feet South from (when measured at right angles) the center line of said Owosso Drive and the Easterly right-of-way line of River Road, said Easterly right-of-way line being 50.0 feet Easterly from (when measured at right angles;) the center line of said River Road, said beginning point is also described as being North 89°53’50” East 52.20 feet from a point in Section 13, Township 17 South, Range 4 West of the Willamette Meridian, in the Center of the County Road known as the River Road, at the Northwest corner of the lot or tract conveyed to George W. and Lillith Leeper, by deed recorded in Book 122, Page 335, Lane County Deed Records, said point being 10.446 chains South 17° East from an iron bar set in County Survey No. 688 of the Recorded Surveys of said County, in the center of said road, 42.72 chains East of the Northwest corner of County Survey No. 12, which is 7.30 chains North from the Southwest corner of the Joseph Davis and wife Donation Land Claim No 48; THENCE North 89°53’50” East 151.33 feet to a ½-inch iron rod and the TRUE POINT OF BEGINNING of this tract; THENCE North 0°19’ East 196.19 feet to a ½-inch iron rod on the South right-of-way line of Owosso Drive (50.0 feet wide); THENCE South 89°42’ East along said Southerly right-of-way line 254.79 feet to a ½-inch iron rod; THENCE South 0°18’ West 194.40 feet to a ½-inch iron rod; THENCE South 89°53’50” West 254.80 feet to the TRUE POINT OF BEGINNING, in Lane County, Oregon November 13, 2018, Meeting - Item 3D Day Joint Trust (A 18‐6) November 2018 Page 1 Exhibit C Planning Director’s Findings and Recommendation Annexation Request for Day Joint Trust (City File: A 18‐6) Application Submitted: August 21, 2018 Applicant: Day Joint Trust Property Included in Annexation Request: Tax Lot 5200 of Assessor’s Map 17‐04‐13‐32 Zoning: R‐2 Medium‐Density Residential with /UL Urbanizable Land Overlay Location: South side of Owosso Drive, east of River Road Representative: Daniel Nelson, Branch Engineering, Inc. 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 along a portion of the south property line, 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) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page II‐C‐5). YES NO November 13, 2018, Meeting - Item 3D Day Joint Trust (A 18‐6) November 2018 Page 2 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 following policy from the Residential Element of the Metro Plan is also applicable: Policy A.2 Residentially designated land within the UGB should be zoned consistent with the Metro Plan, and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and UGB until rezoned for urban uses. The Metro Plan designates the annexation area as appropriate for medium‐density 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. Consistent with the land use designations, the property is currently zoned R‐2 Medium‐Density Residential with /UL Urbanizable Land Overlay. The /UL overlay will be automatically removed from the zoning following annexation approval. With regard to applicable policies of the RR/SC UFP, the subject property is located within the River Road/Howard subarea, which recommends medium‐density residential development for the subject property. 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 property 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 RR/SC UFP 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 in Owosso Drive adjacent to this parcel. As an informational item there is an on‐hold wastewater assessment for this tax lot, which will need to be paid prior to any development on this tax lot. YES NO November 13, 2018, Meeting - Item 3D Day Joint Trust (A 18‐6) November 2018 Page 3 Stormwater City of Eugene public stormwater systems are not available to serve this property from Owosso Drive. The closest public storm system is approximately 400‐feet west on River Road. Records show that the soils in this area are mapped as a Type C and the applicant has stated they will consider treating and retaining stormwater on site when they look to develop in the future. Infiltration testing may be required at the time of development to demonstrate adequate percolation rates; however, there are options for complying with stormwater standards which will be further evaluated at the time of future development. Comments from Lane County Transportation Planning indicate stormwater runoff from private property must not be directed to the Lane County road right‐of‐way or into any Lane County drainage facility, including roadside ditches. Ditches adjacent to County roads are designed solely to accommodate stormwater runoff generated by the roadways themselves, per Lane Manual Chapter 15.515. Transportation This property abuts Owosso Drive to the north, which is within Lane County jurisdiction and is classified as a local road. Owosso connects to River Road to the west, and the City classifies this section of River Road as a major arterial and under the jurisdiction of the City of Eugene. Access management and street standards will be evaluated at the time of future development. Comments from Lane County Transportation Planning indicate that the segment of Owosso Drive along the property frontage is functionally classified as an Urban Local Road and is under the jurisdiction of Lane County. Any redevelopment or new development of the property must demonstrate compliance with the requirements of Lane Code Chapter 15. A review for compliance with Lane County road requirements will apply at the time the property is developed. 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 also state no objection to the annexation. Water and electric services can be extended to the subject property 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. November 13, 2018, Meeting - Item 3D Day Joint Trust (A 18‐6) November 2018 Page 4 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 within 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. 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. November 13, 2018, Meeting - Item 3D Branch EN*"GINEERIN& Since 1977 August 14, 2018 WRITTEN STATEMENT ANNEXATION TM 17-04-13-32, TL 5200 Branch Engineering Inc. Project No. 18-312 This application proposes an annexation for Tax Map 17-04-13-32, Tax Lot 5200. The property is located inside the City of Eugene Urban Growth Boundary and is zoned R-2 Medium-Density Residential with an Urbanizable Land overlay. The purpose of the annexation is to increase options for future use of the property. The following describes how the proposed annexation conforms to the Eugene Code: 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 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. The property to be annexed is within the urban growth boundary and contiguous to the city limits (Tax Map 17-04-13-32, Tax Lot 4800). 2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. The property is within the Metro Plan and the River Road/Santa Clara Urban Facilities Plan (RR/SC UFP). The property is currently zoned R-21UL Medium-Density Residential with an Urbanizable Land Overlay. Both the Metro Plan and the RR/SC UFP designate the property for medium density residential use. The /UL overlay zoning will be automatically removed upon annexation approval. The subject property is located within the River Road/Howard subarea of the RR/SC UFP. The following policy from the subarea plan applies to this project: Policy 3: Encourage medium-density residential development for all portions of the subarea, with the exception of the following areas: Hatten Street commercial area, the area west of River Road between Maxwell and Howard, and the area east of River Road between Owosso and Corlis. 310 51h Street, Springfield, OR 97477 1 541.746.063 7 1 www.branchengineering.comNovember 13, 2018, Meeting - Item 3D Annexation Written Statement August 14, 2018 The property proposed for annexation is zoned medium-density residential and will encourage future residential development in that same zoning. Additionally, the site does not fall within any of the areas listed as not applicable for residential development. None of the general "Residential Land Use Policies" listed in Section 2.2 are directly applicable to the annexation. 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 further detailed in subsection (3), the proposed annexation is consistent with Metro Plan growth management policies and can be served by the minimum level of key urban services. Several other 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: 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 urbaniziable land to urban shall also be consistent with the Metro Plan (page 11-C-4). Policy 10: Annexation to a city through normal processes shall continue to be the highest priority (page 11-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 11-C-5). 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. As discussed below, public services are in place and readily available to the properties proposed for annexation. Because of the proximity to the surrounding urban facilities, services can be provided in an orderly, efficient, and timely manner. Branch Engineering, Inc.Page 2 of 3November 13, 2018, Meeting - Item 3D Annexation Written Statement August 14, 2018 Electrical service is provided by EWEB. Overhead wires are available for connection along Owosso Drive. Water service is provided by EWEB. A 6-inch cast iron water main is available for connection along Owosso Drive. An 8" wastewater main exists along both Owosso Drive and Heritage Avenue, and is available for connection along the north side and the southeast corner of the property. The City of Eugene does not currently have any storm sewer facilities in the area. Therefore, any future development will need to treat and retain the stormwater on-site. The River Road Water District currently provides fire service to the area. The tax lot has frontage along Owosso Drive to the north and Heritage Avenue to the south, allowing transportation access from two sides of the property. The property is within the Eugene School District 4J and is within the district boundaries of Howard Elementary School, Kelly Middle School, and North Eugene High School. Garbage collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Police protection can be extended to this site upon annexation consistent with service provision throughout the City. 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. A minimum level of park service can be provided to the proposal area as prescribed in the Metro Plan. 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. A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area. Branch Engineering, Inc. Page 3 of 3November 13, 2018, Meeting - Item 3D V't 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:TM 17-04-13-32 TL5200 Address: none Legal Description: See attached In the corporate limits of said city, which is owned by the undersigned DATED this 2 day of 20 18 tX V-.rs~ i'un ~ Yl J/ ay STATE OF OREGON ) ss County of ) On this day of il 5t 20 18 , before me, the undersigned, a notary public in and for ti- said couht~ and state, personally appeared the within-named, G r~ ~1 BO who is known to me to be the entical individual described herein and who executed the same freely and voluntarily. Seal: IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. OFFICIAL AMP EMILY JESSICAJESSICA PRUSE NOTARY PUBUC-OREGON Notary Pub or OregonCOMMISSIONNO. 933198 My Commission Expires Oc y Z6 , ~)~5MYCOMMISSIONEXPIRESOCTOBER - 26,2018 November 13, 2018, Meeting - Item 3D August 6, 2018 4 ~CE ~IVdli lip ? 2018 CITY OF EUGENE ANNEXATION APPLICATION TM 17-04-13-32, TL 5200 Branch Engineering Inc. Project No. 18-312 Branch EN"GINEERING.= Since 1977 All those lands conveyed in that Warranty Deed recorded on February 25, 2011 as Document Number 2011-009423 in the Lane County Oregon Official Records, said lands being more particularly described as follows: COMMENCING at a 5/8-inch iron rod on the Easterly right-of-way line of River Road 206.38 feet South 16°47'45" East from a 5/8-inch iron rod marking the intersection of the South right-of-way line of Owosso Drive, said South line being 25.0 feet South from when measured at right angles) the center line of said Owosso Drive and the Easterly right-of-way line of River Road, said Easterly right-of-way line being 50.0 feet Easterly from (when measured at right angles;) the center line of said River Road, said beginning point is also described as being North 89°53'50" East 52.20 feet from a point in Section 13, Township 17 South, Range 4 West of the Willamette Meridian, in the Center of the County Road known as the River Road, at the Northwest corner of the lot or tract conveyed to George W. and Lillith Leeper, by deed recorded in Book 122, Page 335, Lane County Deed Records, said point being 10.446 chains South 17° East from an iron bar set in County Survey No. 688 of the Recorded Surveys of said County, in the center of said road, 42.72 chains East of the Northwest corner of County Survey No. 12, which is 7.30 chains North from the Southwest corner of the Joseph Davis and wife Donation Land Claim No 48; THENCE North 89°53'50" East 151.33 feet to a %2-inch iron rod and the TRUE POINT OF BEGINNING of this tract; THENCE North 0°19' East 196.19 feet to a %2-inch iron rod on the South right-of-way line of Owosso Drive (50.0 feet wide); THENCE South 89°42' East along said Southerly right-of-way line 254.79 feet to a %2-inch iron rod; THENCE South 0°18' West 194.40 feet to a %2-inch iron rod; THENCE South 89°53'50" West 254.80 feet to the TRUE POINT OF BEGINNING, in Lane County, Oregon REGISTERED PROFESSIONAL LAND SURVEYOR OREGON MAY 12, 2011 DANIEL ADAM NELSON 84832LS RENEWAL DATE: 12/31/18 EUGENE-SPRINGFIELD 310 511 Street, Springfield, OR 97477 I p: 541.746.0637Iwww.November 13, 2018, Meeting - Item 3D 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: Day Joint Trust Assessor's Map and Tax Lot Numbers for Properties Proposed for Annexation For example: Map 17-03-19-31, Tax Lot 100) TM 17-04-13-32, TL 5200 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: X will be served from an existing gravity wastewater line. Location and size of existing wastewater line: 8" wastewater mains along Owosso Drive and Heritage Ave 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? No 1 of 4 November 13, 2018, Meeting - Item 3D If yes, location? If no, how will stormwater be handled after development? - No construction is included as part of this application; however, future development will need to treat and/or detain any stormwater on-site. 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. Owosso Drive, which connects to River Road to the west, and Heritage Avenue, which connects to Owosso Drive via Camelot Avenue. Will dedication for additional street right-of-way be required upon further development of this site? Depends on development proposal Yes No X Unknown Will existing streets be extended or new streets constructed upon further development of this site? Depends on development proposal Yes No X Unknown 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: River Road Parks and Recreation and the City of Eugene serve the area. Emerald Park (Recreation District) is approximately 1.2 miles to the southwest. Rosetta Park (City) is roughly 1.0 mile to the southwest. 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 November 13, 2018, Meeting - Item 3D 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. X 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? EWEB Water Service Please provide the size and location of the water main closest to your property. A 6-inch cast iron water main is available for connection along Owosso Drive. 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 November 13, 2018, Meeting - Item 3D 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 November 13, 2018, Meeting - Item 3D 0 Lij z Z O CV to o, j o LLJ W C\1 O Z U c-D Z LLJ U Q LIC Q ao i C%j q W r- U U cat a~ Z O f" W CL v t 3 N ~ L C T hA ~C N 0 C ~ O x c a a v D u GO C v p YI w a u C O U It 7 w II C Q N 00 C7 U w II II U a Ln 00 O N E V C al ai u -p C c c O O 0 v u U O V y II II II II Q U m u w 0O v~ cr o v 3 c 0 L o o 0 0 oE 0 0 3 O N Z O 0 m J ~ H N x v m m O rn ocai Q E U M C GCx vri10 a U 0 .Q Q N Q)a, CD u .7 c c CU ar am a v Y O a1 d = V) to rn m r, w n 11 M Q a` C al E i ice. a C H 1 i N 1 V v1 c on LU w v 0 E E 0 m Q1 0 Fz 3 E 0 0 x al C C 0 v 0 V L f0 r L y ba v+ m E v Y m v ar Y Z r 0 a U O v Q a c C O x c w 4 0 v L a I a a, O v U U W 4~C J Y Y YUC fl_ aJ m a) N E L L a) + C: CL O W 4 a c -0 v aj o a, Q .Y c CL v n L z L Y vYa C -6 O n Y/7 U Q a aj (n iJ Q qj O O •N Y Q ` aJ I- Q, v a v ` ~ Q i O H W U cj C3 - 0 CZ Q CO ¢ Q O O 0 L O c Lu t a~ 3 N pdCOCL -C3C -0 OC O C E- .2 UQ LL v c O O O c Y v Z o v i O~ a 0 u Q C d Qj LL O Q N O Y iJ I O Q W L 4- x O V H ~ O N a O Y C bA N a Q aJ O v c U° U a1 a1 Y l6 J 0 L U (6 0O aJ W aJ w 0 c JI x l6 1 C Wo - _0 cz c v x N Ul O v Q c n O ca v Q Na) W O L Y Q 7 c Y O O O_ bo v v 'in 41 Y C ~ OA N > L O i1 N Y1j~ d' OQ~ O a N v vW (U L J Y 7 ~ W U Y LL C00v > L C ..0 Z ; o w Y L O v YJ v'Ji Q (6 Q CA U 6 (A aJ I.L. Y NQ aj cc ai W t L V V I- Y (10 v C November 13, 2018, Meeting - Item 3D L abed [lda-poad puaosV] L£OOOSV Wd LZ:40:ZL 9LOZ/LZ/8 :una podad {o pu3) suoildwax3 OOOL£b poogjo4461aN N i!IdS apoo b l' L azis buisnOH eld!IInW XXL oiled Alaadoad 06ue40 OOL sselOAljadad LLOZ onleA 314slialaeje43 JeaA xel molls!aaloeie4o AlJadoJd 840'0L$64L'ZL$L£'VL$Zti5'9L$8£8'8L$HAl 8170`03 617 l'3L$L£'tiL$Zti9'9L$8£8'83 HAV 8ZZ'9tiL$3£L'8VL$9L9'Z9L$9Z9,99 L$8£9'£8L$Ill>IW LOZ 17LOZ 9LOZ 9402 LLOZ aweN enl0A sanleA "doJd 17017L6 HO 3N3on3 3AV >IdVd 96L NIINNVH=I J AV4 aalsnjl ti0tiL6 HO 3Na)m 3AV NHVd 96L I IO£IVO Ava aalsnal ti0bL6 HO 3N3E)n3 3AV NHVd 96L NII>INVU=1 9 AVG jeAedxel 17017L6 HO 3N3E)n3 3AV )4HVd 96L lsnul iNIOP AVa 1auMO ssaJppd V aweN aloa sallied 00Z90 Il Z£ jal,enO £ L uolloeS 170 96uea L L d14sumol :1e6a3 Ho NMONANn SS3addV :ssa.ippV snllS ZLti00 WJL ApedOJd lean :adAl lunoooV 00350Z££L17OLL :jagwnN Al.iadoJd aleuJalld 0096L£0 :'ON lunooad aAlloV :snlelS BLOZ/LZ/8 30 sV lewwnS junoooy "doad A1N(100 3Nb'7 N o v e m b e r 1 3 , 2 0 1 8 , M e e t i n g - I t e m 3 D AMWPlanning kE(; CI V i- ,o AUG 2 1 2018 CITY OF EUGENE 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 17-04-13-32 5200 R-2/U L 1.14 Property Address: None Plans for Future Development & Permit Number (if applicable): Public Service Districts: Name Parks:River Road Parks & Recreation Electric:EWEB Water:River Road Water Distirct Sanitary Sewer City of Eugene Fire:River Road WD Schools:Elementary: Howard Middle: Kelly High: North Eugene Other: Filing Fee X 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 l 1a.o? Written Statement (Submit 5 copies) XO 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. 10-" Avenue, Eugene, OR 97401 Phone: 541.6825377 or E-mail:eugeneplanning@ci.eugene.or.us Updated: December 2016 Page 1 of 4November 13, 2018, Meeting - Item 3D Site Plan Reauirements Submit 3 paper copies and 1 digital copy of a site plan, drawn to an engineer's scale on 8 %"x 11" sheet of paper. Site plans shall include the following information: RI Show the date & north arrow on site plan. X Show the Assessor's Map and Tax Lot number(s) on the site plan. XI Show a vicinity map on the site plan (vicinity map does not need to be to scale). X Show city limits & UGB (if applicable) RI Clearly label the affected territory and any public right of ways to be annexed. XJ Show all adjacent streets, alleys, and accessways. X 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. X Show the location of all existing structures. Other Application Requirements (Submit 3 paper copies and 1 digital copy of all) XD 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. X Notarized Consent to Annexation form. X 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. Q Summary of Urban Service Provision form. XI 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. Planning & Development Planning Division 99 W. 10-1 Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail:eugeneplanning@ci.eugene.or.us Updated: December 2016 Page 2 of 4November 13, 2018, Meeting - Item 3D 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: 5200 Name (print): Day Joint Trust. Representative: Frank Day Address: 795 Park Ave Email: gfday@comcast.net City/State/Zip: Eugene, OR 97404 Phone: 541-689-5035 Fax: Signature: L'Y" Date: PROPERTY OWNER OF TAX LOT: Name (print): 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): Daniel Nelson, PLS Company/Organization: Branch Engineering, Inc. Address: 310 Fifth Street City/State/Zip: Springfield, OR 97477 Phone:541-746-0637 Fax: E-mail: DanN@branchengineering.com Signatur Date: Planning & Development Planning Division 99 W. 10- Avenue, Eugene, OR 97401 Phone: 541.682.5377 or E-mail:eugeneplanning@ci.eugene.or.us Updated: December 2016 Page 3 of 4November 13, 2018, Meeting - Item 3D REPRESENTATIVE (If different from Surveyor): Name (print): Company/Organization Address: City/State/Zip: Phone: Fax: E-mail: Signature: Date: Attached additional sheets if necessary. Planning & Development Updated: December 2016 Planning Division 99 W. 10 Avenue. Eugene, OR 97401 Phone: 541.682.5377 or E-mail:eugeneplanning@ci.eugene.or us Page 4 of 4November 13, 2018, Meeting - Item 3D Ali City of Eugene Planning Method of Payment Cash D Check Visa/MC Amount Received 5,155.70 PLANNING RECEIPT DATE 8/21/2018 Customer Information Name G Franklin Day or Mrs. Carol L Day Address 795 Park Ave Project 17-04-13-3-05200 City/Government Agency Application Type ModHication Concurrent ' Qty Base Fee Discount Total1, 1 1 Annexation 1 $ 4,730.00 $ 4,730.00 L 3 A 5 R. 9 0 her Other A.ppea 1 $ - Appeal Admen Fee knot included on appeals or other fees) Total Staff Receiving Application MHD Subtotal App Fees $ 4,730.00 Subtotal Other Fees $ - 9% $ 425.70 5,155.70 99 West 10th Avenue > Eugene, Oregon » 97,1101 « 541-682-5377 + eugenep!anning.org November 13, 2018, Meeting - Item 3D CITY OF EUGENE BUILDING & PERMIT SERVICE 99 WEST 10TH AVE 682-5086 REG-RECEIPT:1-0003585 Aug 21 2018 CASHIER: LIM Annexation Fee $4,730.00 795 Park Ave Admin Fee-Auto Calc $425.70 TOTAL DUE: $5,155.70 RECEIVED FROM: G FRANKLIN DAY Check: $5,155.70 Total tendered: $5,155.70 Change due: $.00 www.eugene-of-.gov/bldgpermittrackino Please take our customer survey at: www.surveymonkey.com/s/COEPermitSurvey November 13, 2018, Meeting - Item 3D November 13, 2018, Meeting – Item 3E EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Adoption of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 18-03-16-30, Tax Lot 100 — located on Spring Boulevard) (City File: Margot Zallen Revocable Trust; A 18-7) Meeting Date: November 13, 2018 Agenda Item Number: 3E 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 a portion of a vacant property located on Spring Boulevard south of 43rd Avenue. The portion of the property proposed to be annexed is approximately 0.64 acres (27,216 square feet). No public right-of-way is proposed for annexation as part of this request. A vicinity map is provided as Attachment A. The portion of the property proposed to be annexed is zoned R-1 Low-Density Residential with /UL Urbanizable Land overlay and is designated for low density residential use in the Metro Plan. The eastern portion of the subject property is outside the urban growth boundary (UGB), is not part of this annexation request and will remain under the jurisdiction of Lane County. The area of annexation is located within the City’s UGB and is contiguous to the City limits along its west property boundary. Annexation will allow for future development consistent with the property’s land use 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 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 attached draft resolution (Attachment B). November 13, 2018, Meeting – Item 3E 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 consistent with Eugene Code requirements. No testimony has been received to date regarding the proposed annexation of this property. 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 South Hills Study. 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 a resolution approving 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 November 13, 2018, Meeting – Item 3E FOR MORE INFORMATION Staff Contact: Nicholas R. Gioello Telephone: 541-682-5453 Staff E-Mail: ngioello@eugene-or.gov Caution:This map is based on imprecisesource data, subject to change,and for general reference only. Margot Zallen Revocable Trust (A 18-7) E 43RD AVE S P R I N G B L V D S S H A S T A L P WE N D E L L L N ´ November 2018 Subject Property UGB 0 500250Feet Legend Eugene UGB Subject_Property Subject Property Taxlots City Limits Subject Property City Limits UGB November 13, 2018, Meeting - Item 3E Resolution - Page 1 of 2 RESOLUTION NO. _____ APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR’S MAP 18-03-16-30, PORTION OF TAX LOT 100— LOCATED ON SPRING BOULEVARD). The City Council of the City of Eugene finds that: A. An annexation application was submitted on August 27, 2018, by Bill Randall on behalf of the Margot Zallen Revocable Trust in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, (“EC”) to annex property identified as Assessor’s Map 18-03-16-30, portion of Tax Lot 100, to the City of Eugene. 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 October 12, 2018, a notice containing a geographical reference to the property, the assessor’s map and tax lot number for the property, a description of the land proposed to be annexed, and the Planning Director’s preliminary recommendation was mailed to the applicant and owners and occupants of property within 500 feet of the perimeter of the subject property. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on November 13, 2018. Notice could not be sent to the applicable neighborhood group or community organization officially recognized by the City Council as required by EC 9.7820 because the property proposed to be annexed is not located within an area with an officially recognized neighborhood group or community organization. Upon annexation, the annexed property will become part of the Southeast Neighbors organization. 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 which are attached as Exhibit C and adopted in support of this Resolution, it is ordered that a portion of the land identified as Assessor’s Map 18-03-16-30, Tax Lot 100, which November 13, 2018, Meeting - Item 3E Resolution - Page 2 of 2 is depicted on the map attached as Exhibit A, and more particularly described in the attached Exhibit B, is annexed to the City of Eugene. Section 2. This Resolution is effective immediately upon its passage by the City Council. The annexation and automatic rezoning of the annexed portion of Tax Lot 100 from R-1 Low- Density Residential and /UL Urbanizable Land to R-1 Low-Density Residential pursuant to EC 9.7820(3) shall become effective in accordance with State law. The unannexed portion of Tax Lot 100 will retain its current Lane County zoning. The foregoing Resolution adopted the ____day of November, 2018. ______________________________________ City Recorder November 13, 2018, Meeting - Item 3E No v e m b e r 1 3 , 2 0 1 8 , M e e t i n g - I t e m 3 E November 13, 2018, Meeting - Item 3E Margot Zallen Revocable Trust (A 18‐7) November 2018 Page 1 Exhibit C Planning Director’s Findings and Recommendation Annexation Request for Margot Zallen Revocable Trust (City File: A 18‐7) Application Submitted: August 27, 2018 Applicant: Margot Zallen Revocable Trust Property Included in Annexation Request: Portion of Tax Lot 100 of Assessor’s Map 18‐03‐16‐30 Zoning: R‐1 Low‐Density Residential with /UL Urbanizable Land Overlay Location: East side of Spring Boulevard, south of 43rd Avenue Representative: William Randall, Arbor South Architecture, PC, 541‐344‐3332 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: A portion of the subject tax lot is located within the City’s urban growth boundary (UGB), with a larger portion of the subject tax lot to the east located outside of the UGB. The annexation only includes the area of the subject tax lot within the UGB, while the land area outside the UGB will remain under the jurisdiction of Lane County. The area of annexation is contiguous to the City limits along its west property boundary, consistent with subsection (2). 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 November 13, 2018, Meeting - Item 3E Margot Zallen Revocable Trust (A 18‐7) November 2018 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 following policy from the Residential Element of the Metro Plan is also applicable: Policy A.2 Residentially designated land within the UGB should be zoned consistent with the Metro Plan, and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and UGB until rezoned for urban uses. The Metro Plan designates the annexation area as appropriate for low‐density residential use. The South Hills Study is the adopted refinement plan for the subject property; however, it does not include policies that would serve as approval criteria for the proposed annexation. Consistent with the land use designations, the portion of the property to be annexed is currently zoned R‐1 Low‐Density Residential with /UL Urbanizable Land Overlay. The /UL overlay will be automatically removed from the annexed portion of the property following annexation approval. 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 South Hills Study. 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 line in Spring Boulevard adjacent to the subject property, which can provide service. Stormwater City of Eugene stormwater systems are not available to serve this property, however, an open channel exists along the Spring Boulevard. Records show that the soils in the area are mapped as a Type C. Infiltration testing may be required at the time of development YES NO November 13, 2018, Meeting - Item 3E Margot Zallen Revocable Trust (A 18‐7) November 2018 Page 3 to demonstrate adequate percolation rates. There are additional options for complying with stormwater standards which will be further evaluated at the time of future development. Transportation This property abuts Spring Boulevard, which is within the City of Eugene jurisdiction and is classified as a local street. Spring Boulevard terminates to the South and connects to East 43rd Avenue to the north which is also a local street. There are multiple routes available from the subject property to access East 30th Avenue (a minor arterial). Access management and street standards will be evaluated at the time of future development. Lane County Transportation Planning had no comments on the application. 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 also state no objection to the annexation. Water and electric services can be extended to the subject property 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 within the district November 13, 2018, Meeting - Item 3E Margot Zallen Revocable Trust (A 18‐7) November 2018 Page 4 boundary of Camas Ridge Elementary School, Spencer Butte Middle School, and South 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. 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. November 13, 2018, Meeting - Item 3E 380L SINCOLNTREET Eugene, Oregon97401 541-344-3332 ANNEXATIONAPPROVALCRITERIA Zallen RevocableTrust 18-03-16-30-00100 14 August 2018 PerEugene Code (EC) 9.7825, annexations are required toshowconsistency with certain criteria. Listedbelow arethecriteria from ECandthedocumentationofconsistencywith thecriteria. 1)The landproposedtobeannexediswithinthecityÈsurban growthboundary and is: a)Contiguous tothecitylimits; or b)Separatedfromthecity onlyby apublic right ofwayorastream, bay, lakeor otherbodyofwater. Asmallportion ofthe subjecttax lotislocated withintheCityÈs urbangrowthboundary UGB), withalarger portionoftheareato theEast locatedoutsideoftheUGB. The annexation only includes theareaofthesubjecttaxlot withintheUGB, while theland area outside theUGBwillremain under thejurisdictionofLaneCounty. Theareaof annexationiscontiguousto theCity limitsalong aportionof theNorth propertylinewithanadjacent parcelthat iswithinthecity limits, consistent withsubsection a) andtheWestpropertylineiscontiguous atSpring Boulevard andthe propertiesWestof Springarewithinthecitylimits, consistent withsubsection (b). 2) Theproposed annexation isconsistentwithapplicablepoliciesintheMetro Plan andinanyapplicablereÐnement plans. Several policiesfrom theMetro Plan provide supportfor thisannexation byencouraging compacturbangrowthtoachieve efÐcient use oflandand urbanservice provisions within theUGB, including thefollowing policies from theGrowth Management section (in italic text): Policy 8. LandwithintheUGBmaybeconvertedfromurbanizable tourbanonlythrough annexation toa citywhenitis found that: a) Aminimumlevelofkey urbanfacilities andservices canbeprovided totheareainan orderlyand efÐcientmanner. b) Therewillbealogical areaandtimewithin whichtodeliverurbanservices andfacilities. Conversionofurbanizable landtourban shallalsobeconsistent withtheMetroPlan. page II-C-4). November 13, 2018, Meeting - Item 3E Policy10. Annexation toacitythroughnormalprocesses shallcontinuetobethehighestpriority. pageII-C-5). Policy 15. Ultimately, landwithintheUGBshall beannexedtoacityandprovidedwith therequired minimum levelofurban facilities andservices. While thetimeframeforannexation mayvary, annexation shouldoccuraslandtransitions fromurbanizable tourban. (pageII-C-5). FromtheResidentialElement oftheMetro Plan): PolicyA.3. Provideanadequate supplyofbuildableresidentialland withintheUGBforthe20-year planning period at the timeof PeriodicReview. Policy A.4. Use annexation, provisionofadequatepublic facilitiesandservices, rezoning, redevelopment and inÐll to meet the 20-yearprojected housing demand. Thereis no ReÐnement Plan for the subject property. 3) The proposed annexation willresultinaboundaryin which theminimumlevelof key urban facilities and services, as deÐned in the Metro Plan, can be provided in an orderly, efÐcient, and timely manner. Consistent with this criterion, the proposed annexation will result in aboundary in which the minimum level of key urban facilities and services canbe provided inan orderly and efÐcient, andtimely manneras detailed below: Wastewater: An 8-inch plastic public wastewater lineexists within Spring Boulevard (alocal Cityof Eugene street), just West ofthe subject property. Stormwater: No public stormwater system serves this property. Records show the soils are mapped as Hydrologic Soil GroupType D. InÐltration testingwill be required at the time of development to demonstrate adequate percolationrates; however, there are options for complying with stormwater standards which will be further evaluated at the time of development. Transportation: The property abutsSpring Boulevard to the West. Spring Boulevard is designated as a Local Access Roadand is within City of Eugene jurisdiction. Solid Waste: Collectionservice is provided by private Ðrms. Regional disposal sitesand the Short Mountain LandÐll are operated by Lane County. Waterand Electric: Lane Electric Co-Op serves this area forelectricity and has an existing vault atthe Southwestcorneroftheproperty. EugeneWaterandElectric Boardprovideswatertothis area and has a water metervaultattheNorthwest corneroftheproperty. November 13, 2018, Meeting - Item 3E Public Safety: Policeprotectionwillbeextended tothesiteuponannexation consistentwithservice provisionthroughtheCity. FireandEmergency Medical Services protectionwillbe provided bythe EugeneSpringÐeld Fire andEMSDepartment. Parks andRecreation: Parksand recreationprograms areprovidedonaCity-widebasis. Theinclusion ofthe subjectpropertyintheCitywillbesufÐcient evidence todemonstrate theminimumlevel is metforthiskeyurban service. PlanningandDevelopment Services: Planningandbuilding permitservices areprovided forallproperties located withinthe UGB bytheCityof Eugene.TheEugene Code, Chapter9, will provide therequiredlanduse controls forfuture development ofthesubjectpropertyuponannexation. Communications: Avarietyof communication serviceproviders offercommunication services throughout the Eugene/SpringÐeld area. PublicSchools: Thesubjectproperty iswithintheEugeneSchool District4Jandiswithinthedistrict boundaryofCamas RidgeElementarySchool, SpencerButteMiddle Schooland South Eugene HighSchool. As accesstoschools isevaluatedon adistrict-widebasis, the propertyÈs locationwithintheschool districtissufÐcient evidencetodemonstrate thattheminimum levelofthiskeyurbanservice ismet. CONCLUSION BasedontheaboveÐndingsandtheadditional information submitted aswellasthecriteria setforthinEC 9.7825, the proposedannexation isconsistent withallapplicable approval criteria. November 13, 2018, Meeting - Item 3E N o v e m b e r 1 3 , 2 0 1 8 , M e e t i n g - I t e m 3 E November 13, 2018, Meeting - Item 3E November 13, 2018, Meeting - Item 3E Margot ZallenRevocable Trust 18-03-16-30-00100 8ÆPlastic Main inSpring Boulevard. Invertis9.5feetbelowstreet. No 1of4 November 13, 2018, Meeting - Item 3E Discharge toCountyproperty tothe Eastbeyondthe citylimit boundary SpringBoulevard KincaidCityPark, Shadow WoodCityPark, SkylinePark, Bloomberg City Park, Milton CityPark, HendricksPark 2of4 November 13, 2018, Meeting - Item 3E NoFireorEMS currently servetheproperty. Upon annexation, FireandEMS will be provided byEugene SpringÐeldFire & EMSDepartment (Station #15, South Hills) Lane Electric Co-Op Eugene Water & ElectricBoard 3of4 November 13, 2018, Meeting - Item 3E 4of4 November 13, 2018, Meeting - Item 3E November 13, 2018, Meeting - Item 3E EXHIBITÅAÆ LegalDescription ofAffectedTerritorytobeAnnexed APortionofTaxLot #100) AunitoflandbeingsituatedintheWest ½ Section16, Township18South, Range3 WestoftheWillametteMeridian, saidunitoflandbeingmoreparticularlydescribedas follows: CommencingattheironpipecommonlyusedasthecenterofSection16,Township 18South,Range3WestoftheWillametteMeridian;thenceSouth01°19'30"West POINTOF175.00feet;thenceNorth83°06'40"West466.60feettothe BEGINNING ofthislandtobeannexed; ThencecontinuingNorth83°06'40"West162.05feettotheeastlineofSpring Boulevard; ThencealongtheeastlineofSpringBoulevard,North08°16'33"East93.54feet; ThencecontinuingalongsaideastlineofSpringBoulevard,North08°06'33"East 85.04feet; ThenceleavingtheeastlineofSpringBoulevard,South82°42'00”East162.02feet; ThenceSouth08°06'33"West87.56feet; ThenceSouth08°16'33"West89.85feettothepointofbeginning,allinLaneCounty, Oregonandcontaining28,835squarefeetor0.66acre(s)ofland,moreorless. November 13, 2018, Meeting - Item 3E R-1/ULandF-2 Noneassignedyet SingleFamily Dwelling EugeneParks & Recreation LaneElectricCo-Op CityofEugene CityofEugeneFire & EMSDepartment CamasRidge SpencerButte SouthEugene November 13, 2018, Meeting - Item 3E November 13, 2018, Meeting - Item 3E November 13, 2018, Meeting - Item 3E November 13, 2018, Meeting - Item 3E November 13, 2018, Meeting - Item 3E November 13, 2018, Meeting - Item 3E November 13, 2018, Meeting – Item 3F EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Adoption of a Resolution Amending Resolution No. 5218 Concerning a Low-Income Rental Housing Property Tax Exemption Renewal for Property Located on Ross Lane and on Helen Street, Eugene, Oregon. (Applicant St. Vincent de Paul Society of Lane County, Inc.) Meeting Date: November 13, 2018 Agenda Item Number: 3F Department: Planning and Development Staff Contact: Ellen Meyi-Galloway www.eugene-or.gov Contact Telephone Number: 541-682-5532 ISSUE STATEMENT City Council approved a 20-year Low-Income Rental Housing Property Tax Exemption renewal for Ross Lane Apartments in January 2018 by Resolution 5218. Lane County Tax Assessor’s Office noted that there were errors in the addresses in the Resolution and the Rent Regulatory Agreement between the City and the owners, St. Vincent de Paul Society of Lane County, Inc. City Council is asked to amend Resolution No. 5218 to clarify that the LIRHPTE applies to the intended subject property. BACKGROUND The City adopted the low-income rental housing property tax exemption program in 1990. Eugene has approved tax exemptions for 30 affordable housing developments with over 1,200 units since adoption. Council unanimously approved extending the 20-year LIRHPTE program for an additional 10 years in 2011. The approved ordinance also enables recipients to reapply for the 20-year LIRHPTE after the initial 20-year period has expired. Council reviews each tax exemption request on a case-by-case basis. Summary of Requested Resolution City Council approved a LIRHPTE renewal for Ross Lane Apartments on January 22, 2018, by Resolution 5218. Ross Lane Apartments is a 36-unit apartment complex located in the Santa Clara neighborhood (map in Attachment B). Since 1998, the apartments have been rented to low-income households earning at or below 50 percent of area median income, at affordable rents. The Lane County Tax Assessor’s Office noted that although the LIRHPTE was for Map No. 17-04-12-34 Tax Lot 600, the addresses in the Resolution and Rent Regulatory Agreement had three errors. The Tax Assessor’s office requested three corrections be confirmed by the City: 1) remove 2648 Ross Lane, which is used as a Head Start child care center and exempt from taxes under a different program; 2) add 2638 Ross Lane, which was inadvertently omitted from Resolution 5218; and 3) add 554 Helen Street, which was inadvertently omitted from the Rent Regulatory Agreement. The proposed Resolution (Attachment A) amends Resolution No 5218 to provide the correct addresses. Lane County will not process the LIRHPTE without these corrections. November 13, 2018, Meeting – Item 3F RELATED CITY POLICIES The proposed LIRHPTE advances goals established in multiple local plans and policies. The Eugene-Springfield 2015 Consolidated Plan identifies many affordable housing goals including affordable housing preservation. Other plans and policies include the Residential Land Use and Housing Element of the Metropolitan Area General Plan, Eugene City Council Adopted Growth Management Policies, the Lane County Ten Year Plan to End Chronic Homelessness, Housing Dispersal Policy, and the Lane County Continuum of Care Plan. The proposed uses of funds also specifically support affordable housing goals set forth in the Envision Eugene pillars. The LIRHPTE for Ross Lane Apartments would support the Envision Eugene pillar of providing housing affordable to all income levels. The Envision Eugene Housing Affordability pillar includes strategies to meet the growing and changing housing needs of Eugene residents by supporting subsidized affordable housing projects. Continuing to provide property tax exemptions to low-income rental housing developments has been identified as an action to help successfully implement this strategy. COUNCIL OPTIONS The City Council has two options: 1. Approve the resolution to amend the tax exemption resolution. 2. Do not approve the resolution to amend the tax exemption resolution. CITY MANAGER’S RECOMMENDATION The City Manager recommends option 1, to adopt the resolution amending Resolution No. 5218 for the Low-Income Rental Housing Property Tax Exemption for Ross Lane Apartments. SUGGESTED MOTION Move to adopt the resolution amending Resolution No. 5218 for the Low-Income Rental Housing Property Tax Exemption for Ross Lane Apartments. ATTACHMENTS A. Resolution to amend Resolution 5218 B. Map of Ross Lane Apartments FOR MORE INFORMATION Staff Contact: Ellen Meyi-Galloway Telephone: 541-682-5532 Staff E-Mail: emeyi-galloway@eugene-or.gov November 13, 2018, Meeting – Item 3F RESOLUTION NO. _____ A RESOLUTION AMENDING RESOLUTION NO. 5218 CONCERNING A LOW- INCOME RENTAL HOUSING PROPERTY TAX EXEMPTION FOR PROPERTY LOCATED ON ROSS LANE AND ON HELEN STREET, EUGENE, OREGON. (APPLICANT ST. VINCENT DE PAUL SOCIETY OF LANE COUNTY, INC.) The City Council of the City of Eugene finds that: A. On January 22, 2018, the City Council passed Resolution No. 5218, a copy of which is attached as Exhibit A to this Resolution. That Resolution approved the application of St. Vincent de Paul Society of Lane County, Inc. for an exemption from ad valorem taxes under the City’s Low-Income Rental Housing Property Tax Exemption Program (Sections 2.937 to 2.940 of the Eugene Code, 1971) for the development of 24 two-bedroom units, 12 three-bedroom units, and residential common areas on the property located at 2640-2652 Ross Lane and 550-556 Helen Street, Eugene, Oregon, 97404 (Assessor’s Map 17-04-12-34; Tax Lot No. 600; Assessor’s Property Account No. 1518479). The Resolution declared the land and units exempt from taxation commencing July 1, 2018 and continuing for a continuous period of 20 years. B. It is necessary to amend Resolution No. 5218 to clarify that the Low-Income Rental Housing property tax exemption applies to the subject property as follows: 1. Remove 2648 Ross Lane from the properties approved for the tax exemption under the City’s Low-Income Rental Housing Property Tax Exemption Program. The unit located at 2648 Ross Lane was one mistakenly approved for the tax exemption by Resolution No. 5218. However, a Head Start facility operates at that address and the Head Start Facility is not eligible for the City’s Low-Income Rental Housing property tax exemption. Resolution 5218 should be amended to clarify that the Low-Income Rental Housing property tax exemption does not apply to the Head Start facility. 2. Clarify that the tax exemption applies to the property located at 2638 Ross Lane. The property located at 2638 Ross Lane was erroneously omitted from Resolution No. 5218. Because 2638 Ross Lane is part of the low-income housing development and eligible for the Low- Income Rental Housing property tax exemption, it should be included as one of the properties approved for the tax exemption. C. City staff and St. Vincent de Paul Society of Lane County, Inc. have executed amendments to the Rent Regulatory Agreement required by Section 5.1 of the Low-Income Rental Housing Property Tax Exemption Standards and Guidelines to clarify that the Rent Regulatory Agreement applies to the properties located at 2638 Ross Lane and 554 Helen Street and the Agreement does not apply to the property located at 2648 Ross Lane. The amendments to the Rent Regulatory Agreement will take effect upon passage of this Resolution. Attachment A November 13, 2018, Meeting – Item 3F 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 upon the above findings, Section 1 of Resolution No. 5218 is amended to read as follows: “Based upon the above findings, the City Council approves the application of St. Vincent de Paul Society of Lane County, Inc. for an ad valorem property tax exemption under the City's Low-Income Rental Housing Property Tax Exemption Program for the property located at 2638, 2640, 2642, 2644, 2646, 2650 and 2652 Ross Lane and 550, 552, 554 and 556 Helen Street, Eugene, Oregon, 97404 (Assessor’s Map 17-04-12-34; Tax Lot No. 600; Assessor’s Property Account No. 1518479) which includes 24 two-bedroom units, 12 three-bedroom units, and residential common areas, all of which will be used for low-income housing.” Section 2. The City Manager, or the Manager's designee, is requested to forward a copy of this Resolution to St. Vincent de Paul Society of Lane County, Inc. within ten days from the date of adoption of this Resolution, and to cause a copy of this Resolution to be filed with the Lane County Assessor on or before December 1, 2018. The copy of the Resolution sent to St. Vincent de Paul shall be accompanied by a notice explaining the grounds for possible termination of the exemption prior to the end of the exemption period and the effects of the termination. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the ___ day of _______________, 2018. _____________________________________ City Recorder November 13, 2018, Meeting – Item 3F Attachment B November 13, 2018, Meeting – Item 3G EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Appointment of Civilian Review Board Representative to Police Commission Meeting Date: November 13, 2018 Agenda Item Number: 3G Department: Police Auditor Staff Contact: Mark Gissiner www.eugene-or.gov Contact Telephone Number: 541-682-5005 ISSUE STATEMENT This item is to approve the appointment of Civilian Review Board member, Steven McIntire, Esq., to serve jointly on the Civilian Review Board and the Police Commission. BACKGROUND Council Ordinance Number 20374 (adopted on December 19, 2006), Section 2.246 (2), authorizes the Civilian Review Board to nominate one of its members to serve jointly on the Civilian Review Board and the Police Commission. This nomination is subject to the approval or rejection by the City Council. At the October 9, 2018, meeting of the Civilian Review Board, its members unanimously voted Steven McIntire to serve in this role. RELATED CITY POLICIES The Civilian Review Board serves as an advisory body to the City Council and the Police Auditor. This is consistent with the principles of community policing and government accountability. The Civilian Review Board may develop policy recommendations and this appointment to the Police Commission will give the Civilian Review Board an opportunity to communicate policy recommendations for the Police Department. The Civilian Review Board voted unanimously to recommend Mr. McIntire to perform these functions. COUNCIL OPTIONS The City Council may approve the appointment of Steven McIntire as the Civilian Review Board representative to the Police Commission or decline to approve this appointment. AUDITOR’S RECOMMENDATION The Civilian Review Board recommends the appointment of Steven McIntire to serve jointly on the Civilian Review Board and Police Commission. November 13, 2018, Meeting – Item 3G SUGGESTED MOTION Move to approve the appointment of Steven McIntire to serve jointly on the Civilian Review Board and Police Commission. ATTACHMENTS None FOR MORE INFORMATION Staff Contact: Mark Gissiner Telephone: 541-682-5005 Staff E-Mail: mgissiner@eugene-or.gov November 13, 2018, Meeting – Item 4 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: An Ordinance Extending the Term of Ordinance No. 19775 and Ordinance No. 20397 Granting to Comcast of Oregon II, Inc. a Franchise for Operation of a Cable Telecommunications System. Meeting Date: November 13, 2018 Agenda Item Number: 4 Department: Central Services Staff Contact: Pam Berrian, Mike Streepey www.eugene-or.gov Contact Telephone Numbers: 541-682-5590, 541-682-6820 ISSUE STATEMENT The City Council is scheduled to take action on an ordinance extending Comcast’s cable television franchise agreement until June 30, 2020. Without the extension, the franchise agreement will expire on January 1, 2019. This ordinance would only extend the term of the franchise; all other franchise terms and conditions would remain the same. BACKGROUND The City of Eugene, the City of Springfield and Lane County together have granted Comcast of Oregon II, Inc. (“Comcast”) a franchise for the operation of a cable communications system (Eugene Ordinance No. 20397). The Metropolitan Policy Commission is the entity designated by the three jurisdictions to administer the franchise. At the local level, cable is typically regulated by a local government entity such as a city cable commission, city council, town council, or a board of supervisors. These regulatory entities are called "local franchising authorities." Over 20 years ago, Eugene decided to jointly negotiate a separate but identical cable franchise with Lane County and the City of Springfield as a regional effort, with the MPC acting as the Cable Commission on joint regulatory matters. The existing franchise expires January 1, 2019. According to the Federal Communications Commission: “The 1984 Cable Act established policies in the areas of ownership, channel usage, franchise provisions and renewals, subscriber rates and privacy, obscenity and lockboxes, unauthorized reception of services, equal employment opportunity, and pole attachments. The new law also defined jurisdictional boundaries among federal, state and local authorities for regulating cable television systems.” In addition to such provisions, the federal Cable Act requires cable providers to have franchises and provides for a renewal process. Additional information about the FCC’s rules on cable systems can be found at www.fcc.gov/media/engineering/cable-television. November 13, 2018, Meeting – Item 4 Eugene, Springfield and Lane County staff have been negotiating the renewal terms with Comcast for the past year and have provided progress updates to the MPC, acting as the Cable Commission. Delays in negotiations occurred while staff tried to resolve a dispute with Comcast arising from a franchise fee review the jurisdictions conducted. That resulted in staff simultaneously dealing with fee review issues for the current franchise, and also trying to negotiate policy and operational terms for the franchise renewal. Comcast also postponed meetings and work due to loss of Oregon Comcast staff. Staff remained optimistic that an agreement would be reached this summer or shortly thereafter and requested only a short extension of the current franchise until January 1, 2019. Council approved this short-term extension in July 2018. The October 4, 2018, MPC/Cable Commission meeting packet outlined the results of the negotiations to date. Attachment A is the table of negotiation issues, many of which have been tentatively agreed upon. However, after the printing of that packet, two major hurdles were identified that are not likely to be resolved by the current sunset date of January 1, 2019. Lane Council of Governments staff highlighted those issues at the October 4 meeting, which are: 1. Comcast has proposed “competitive equity” language that would apply to more providers than cable operators and would require the jurisdictions to either impose certain franchise obligations on those other providers or excuse Comcast from its franchise obligations. Jurisdictional staff have been advised by their legal counsel that the jurisdictions do not have authority under applicable federal, state and local laws to impose such franchise obligations on those other providers. Jurisdictional staff informed Comcast of this and also reviewed, discussed and offered edits that would have resulted in a legally-defensible provision. To date, Comcast has rejected the edits. 2. On September 25, 2018, the FCC approved a Second Further Notice of Proposed Rule-Making regarding cable franchising that if adopted as proposed would have implications for the new franchise. The notice means that the FCC will continue to revisit a failed industry-initiated attempt to allow cable providers to reduce franchise fees paid to local jurisdictions for providing gratis cable benefits. There is now a formal Comment and Reply period regarding the proposed rule. Examples from our current franchise that may be subject to the fee offset are: 1) the gratis TV programming provided to City buildings that has provided access to 24-hour news and weather and CSPAN for City Departments and 2) the four Community TV channels provided for Public Access (Channel 29); Education (Channel 23), Government (Channel 21) use, and the internal Eugene-Springfield Fire Training channel. • At this early stage, staff do not know the full extent or financial impact from these potential changes as it is unclear how the services will be defined or valued. The potential adverse financial impact may have material adverse implications for the General Fund, and a renewed franchise approved before the FCC takes final action will not likely protect the jurisdictions from a future adverse FCC ruling. • The jurisdictions believe additional information about the impact of any potential franchise fee reimbursement or offset is critical before agreeing to a new 10-year franchise term. November 13, 2018, Meeting – Item 4 At the October 4, 2018, MPC/Cable Commission meeting, staff recommended an 18-month extension of the current franchise, which Comcast does not oppose. The extension would allow staff to work on the two issues described above. The financial settlement of the fee review will no longer be tied to the franchise renewal and we expect this can be fully resolved and acted upon separately. The MPC, acting as the Cable Commission, voted unanimously to extend the franchise negotiations under the informal process another 18 months until June 30, 2020. It also voted to proceed with the fee settlement of the current franchise as proposed. A public hearing was held on the 18-month extension Ordinance on October 22, 2018. No one testified at the public hearing. Staff believe this extension would allow the parties to conclude the renewal negotiations and have more certainty on proposed cable franchising rules from the FCC. The extension ordinance would only extend the term of the current franchise. All other franchise terms and conditions would remain the same, including Comcast’s obligation to pay franchise fees for use of the rights of way, which is capped under federal law at five percent of gross revenues earned from providing cable services within Eugene City limits. The fees collected from the cable franchise are allocated to the General Fund and are used for general purposes. There are no anticipated costs as a result of the extension. After negotiations are completed, the proposed renewal franchise agreement will be brought to the City Council for action as an ordinance, with a likely term of 10 years. RELATED CITY POLICIES City Telecommunication Vision and Policy: The City of Eugene's telecommunications vision is completion and operation of a coordinated regional information infrastructure that provides accessible and affordable high-speed connectivity for citizens, public institutions and businesses and is constructed in a manner that best serves the public interest. Telecommunications Ordinance, Eugene Code 3.005, 3.400 to 3.430 Ordinance No. 20397, An Ordinance Granting Comcast of Oregon II, Inc., An Additional Term and Franchise Renewal For The Operation Of A Cable Communications System; Amending Ordinance 19775; Adopting A Severability Clause; And Providing an Effective Date. COUNCIL OPTIONS 1. Adopt the Ordinance as proposed. 2. Adopt the Ordinance with modifications as determined by the City Council. 3. Deny the adoption of the Ordinance. 4. Take no action. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council adopt the Ordinance. November 13, 2018, Meeting – Item 4 SUGGESTED MOTION Move to adopt an Ordinance extending the term of Ordinance No. 19775 and Ordinance No. 20397 granting to Comcast of Oregon II Inc., a franchise for the operation of a cable telecommunications system. ATTACHMENTS A. Table of Negotiation Issues B. Proposed Ordinance FOR MORE INFORMATION Staff Contact: Pam Berrian, Information Services Division Telephone: 541-682-5590 Staff E-Mail: PBerrian@eugene-or.gov Staff Contact: Mike Streepey, Finance Division Telephone: 541-682-6820 Staff E-Mail: MStreepey@eugene-or.gov N o v e m b e r 1 3 , 2 0 1 8 , M e e t i n g - I t e m 4 N o v e m b e r 1 3 , 2 0 1 8 , M e e t i n g - I t e m 4 N o v e m b e r 1 3 , 2 0 1 8 , M e e t i n g - I t e m 4 ORDINANCE NO. _______ AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 19775 AND ORDINANCE NO. 20397 GRANTING TO COMCAST OF OREGON II, INC. A FRANCHISE FOR OPERATION OF A CABLE TELECOMMUNICATIONS SYSTEM. The City Council of the City of Eugene finds that: A. The federal Cable Act requires a franchise for the operation of cable telecommunications systems and provides for a formal or informal renewal process under the Cable Act. B. The Cities of Eugene and Springfield, together with Lane County, granted a franchise to Comcast of Oregon II, Inc. (“Comcast”) for the operation of a cable communication system, and have designated the Metropolitan Policy Commission (MPC), acting as the cable commission, as the representative of the local franchising authorities in administration of the franchise. C. The City of Eugene enacted Ordinance No. 19775 on May 13, 1991, granting the franchise. D. The City of Eugene enacted Ordinance No. 20397 on October 22, 2007, amending and renewing the franchise through August 1, 2018. E. The parties had been negotiating in good faith to renew the franchise by the August 1, 2018 expiration date, but were unable to complete negotiations by that deadline. Therefore, on July 23, 2018, the City of Eugene enacted Ordinance No. 20604, extending the term of the franchise up to and through January 1, 2019. F. The Cities of Eugene and Springfield, Lane County, and Comcast continue good faith negotiations under the Cable Act’s informal process to renew Comcast’s cable franchise, however, the parties anticipate those negotiations will not be completed in a timeframe that would allow the City of Eugene to adopt a franchise renewal by January 1, 2019. G. The Cities of Springfield and Eugene, and Lane County have determined that it serves the public welfare to extend the term of the current franchise from January 1, 2019 up to and through June 30, 2020. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The franchise granted to Comcast in Ordinance No. 19775 and Ordinance No. 20397 shall be extended up to and through June 30, 2020. November 13, 2018, Meeting - Item 4 ATTACHMENT B Section 2. The City of Eugene and Comcast agree that execution of this extension does not waive any rights that either party may have under the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. §§ 521 et seq., or other provision of federal, state, or local law. Section 3. Other than the duration of the franchise set forth herein, Ordinance 19775 and Ordinance No. 20397 shall continue in full force and effect. Passed by the City Council this Approved by the Mayor this ____ day of _____________, 2018 _____ of _____________, 2018 _________________ _________ City Recorder Mayor November 13, 2018, Meeting - Item 4