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HomeMy WebLinkAboutItem 2C: Resolution Calling for Public Hearing on Withdrawal of Territories from Special Districts ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Adoption of Resolution 4901 Calling For a Public Hearing to Consider Proposed Withdrawal of Territories from the River Road Water District and River Road Park and Recreation District and from the Santa Clara Water District Meeting Date: January 22, 2007 Agenda Item Number: 2C Department: Planning and Development Staff Contact: Ann Siegenthaler www.ci.eugene.or.us Contact Telephone Number: (541) 682-5452 ISSUE STATEMENT Pursuant to Oregon Revised Statutes, Chapter 222, territories annexed to cities are withdrawn from special service districts through a separate process after the annexation of those areas becomes effective. The council is asked to adopt the attached resolution initiating the withdrawal from special service districts of recently annexed territory by setting the date for a public hearing. The hearing is currently scheduled for February 20, 2007. BACKGROUND Withdrawals routinely come before the council on an annual basis. Properties annexed during the previous year are batched together to facilitate this process. The 2006 batch consists of 32 annexations. In accordance with State law, withdrawals from special districts are initiated by the council passing a resolution setting a time and place for a public hearing for the purpose of hearing objections to the withdrawals. The resolution directs that notice of the hearing be published and posted. An ordinance describing the affected properties and withdrawing them from special districts will be forwarded to the council prior to the public hearing. After the public hearing, the council will be asked to find that the withdrawals are in the City’s best interest and enact the ordinance making the withdrawals effective. Withdrawals are time-sensitive. The Oregon Revised Statutes, Chapter 222, provide that, if the withdrawal is not enacted or approved prior to March 31, 2007, the withdrawal does not become effective until July 1 of the following year. If the withdrawal is not effective by July 1, these properties will remain on the tax roll of the special service districts that no longer provide services. Enacting the withdrawal ordinance prior to March 31, 2007, will result in the withdrawals taking effect on July 1, 2007. To meet this deadline, staff will request that the council take action in February 2007 . Annexation of the subject parcels was initiated by the property owners, in most cases to facilitate development. The inclusion of subject parcels on City tax rolls, and withdrawal from special districts taxation was anticipated by the applicants as part of the annexation process. Legal descriptions and maps showing the location of each annexed property subject to withdrawal from a special district will be included in the council packet for the public hearing. The attached resolution L:\CMO\2007 Council Agendas\M070122\S0701222C.doc (Attachment A) includes one annexation that has been approved by the Boundary Commission and is not yet effective, but is expected to become effective prior to the City Council public hearing scheduled for February 20, 2007. Should unforeseen circumstances prevent this pending annexation from becoming effective by the date of council action, staff will request that it be removed from the ordinance. RELATED CITY POLICIES None. Properties are withdrawn from special districts upon annexation to the City as a result of the City assuming responsibility for providing urban services. Withdrawal of properties from rural fire protection districts occurs automatically upon annexation, while a separate process is required by State law for withdrawals from a water supply district, sanitary district, or park and recreation district. COUNCIL OPTIONS 1) Pass the resolution as drafted, setting a public hearing on the withdrawals for February 20, 2007, and keeping the withdrawal process on track to meet the March 31 deadline for including the withdrawn properties in the City’s tax rolls for the coming fiscal year. 2) Pass an amended resolution setting a public hearing for some but not all of the listed withdrawals. 3) Take no action at this time, thereby leaving all the properties on the tax rolls of the special districts for the coming fiscal year. CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of the resolution as drafted calling for a public hearing to occur on February 20, 2007. SUGGESTED MOTION Move to adopt Resolution 4901 calling for a public hearing to consider proposed withdrawal of territories from the River Road Water District and River Road Parks and Recreation District and from the Santa Clara Water District." ATTACHMENTS A. Resolution Exhibit A: Notice of scheduled public hearing pertaining to the withdrawal of territories [Note: legal descriptions will be attached to the ordinance.] FOR MORE INFORMATION Staff Contact: Ann Siegenthaler, Associate Planner Telephone: (541) 682-5452 Staff E-Mail: ann.siegenthaler@ci.eugene.or.us L:\CMO\2007 Council Agendas\M070122\S0701222C.doc ATTACHMENT A RESOLUTION NO. _____ A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER PROPOSED WITHDRAWAL OF TERRITORIES FROM THE RIVER ROAD WATER DISTRICT AND RIVER ROAD PARK AND RECREATION DISTRICT, AND FROM THE SANTA CLARA WATER DISTRICT. The City Council of the City of Eugene finds that: A. The Lane County Local Government Boundary Commission has advised that certain real property as described on the attached Exhibit A has been annexed to the City of Eugene. One of the properties on Exhibit A (Spinner, C EU 06-66) has yet to be annexed, however, it is expected to be annexed to the City of Eugene with an effective date prior to the public hearing on February 20, 2007. B. The properties are contained in, and are a part of, the River Road Water District and River Road Park and Recreation District, or the Santa Clara Water District. The City desires that the annexed properties be withdrawn from those Districts and that the City assume proportionate liability for the part of the withdrawn Districts. 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. The City Council proposes that the real property described on the Notice of Hearing attached as Exhibit A, which have been annexed to the City of Eugene, shall be withdrawn from the River Road Water District and River Road Park and Recreation District, or the Santa Clara Water District, respectively, and that the property expected to be annexed to the City of Eugene (Spinner, C EU 06-66) be withdrawn from the Santa Clara Water District if the annexation is effected prior to the public hearing on February 20, 2007. If the property has not been annexed prior to February 20, 2007, it shall not be included in the Ordinance effecting the withdrawal. Section 2. A Public Hearing is set for February 20, 2007, at 7:30 p.m. in the Council Chambers, City Hall, Eugene, Oregon, for the purpose of hearing objections to the withdrawals. The City Manager shall cause notice of the date, time and place, and purpose of the hearing, a copy of which is attached as Exhibit A, to be published in the Register Guard once each week for two successive weeks prior to the hearing and to be posted in four public places in the City for a like period of time. Section 3 . This Resolution shall be effective immediately upon its adoption. The foregoing Resolution adopted the _____ of January, 2007. _________________________________________ City Recorder Resolution – Page 1 of 1 L:\CMO\2007 Council Agendas\M070122\S0701222C-attA.doc NOTICE OF HEARING NOTICE IS GIVEN that on February 20, 2007, at 7:30 p.m. in the Council Chambers, City Hall, Eugene, Oregon, a hearing will be held to hear any objections to the withdrawal of the following described real properties contained in the special districts as noted which have been, or, as for the Spinner property (C EU 06-66), is expected to be, annexed to the City of Eugene: River Road Water District and River Road Park & Recreation District: Tax Lots 3600, 3700, and 3800, Assessor's Map 17-04-14-23, located in the River Road region of north Eugene, south of Beltline Road, west of River Road, north of Boyce Street, west of Park Avenue, southwest of Armstrong Avenue, east of Bushnell Lane. (Fleck/Hanson, EC EU 06-19) Tax Lot 3800, Assessor's Map 17-04-23-12, located in the River Road region of north Eugene, south of Beltline Road, west of River Road, east of Oak Drive, north of Horn Lane, west of Dalton Drive. (Mattox, C EU 06-47) Tax Lots 4800, 4900, and 5000, Assessor's Map 17-04-23-44, and a segment of Filbert Avenue right-of-way, located in the River Road region of north Eugene, south of Beltline Road, west of River Road, north of the Northwest Expressway, and south of Filbert Avenue. (The segment of Filbert Avenue is that portion located between Chestnut Drive to the east and Park Avenue to the north). (Murphy/Dick/Filbert Avenue, EC EU 06-15) Tax Lot 4001, Assessor's Map 17-04-23-24, and a segment of Park Avenue right- of-way located in the River Road region of north Eugene, south of Beltline Road, west of River Road, northeast of the Northwest Expressway, west of Rosemore Street, and south of Park Avenue. (The segment of Park Avenue is that portion located between North Park Avenue to the west and Rosemore Street to the east). (Zorn, EC EU 06-28) Tax Lot 2400, Assessor's Map 17-04-23-42, located in the River Road region of north Eugene, west of River Road, south of Elkay Drive, east of the Northwest Expressway, east of Willow Avenue. (Gray/DeMeritt, EC EU 06-30) Tax Lot 2100, Assessor's Map 17-04-24-23, and Tax Lots 8301 and 8500, Assessor’s Map 17-04-24-24, and portions of W Hilliard Lane and Marion Lane located in the River Road region of north Eugene, south of Beltline Road, east of River Road, south of W Hilliard Lane, north of Marion Lane, east of Hoover Lane. (The segment of W Hilliard Lane included is that portion located between River Road and the east property line of Tax Lot 2100; the segment of Marion Lane included is that portion located between River Road and Hoover Lane). Exhibit A – Notice Page 1 of 5 L:\CMO\2007 Council Agendas\M070122\S0701222C-attA1.doc (Eugene School District 4J/Spring Creek Drive/Irvington Drive/Crocker Road/Blackfoot Avenue/W Hilliard Lane/Marion Lane, C EU 06-27) Tax Lot 6300, Assessor's Map 17-04-24-22, and a segment of Hodson Lane right- of-way, located in the River Road region of north Eugene, south of Beltline Road, west of River Road and Horn Lane, east of Hodson Lane. (The segment of Hodson Lane is that portion located from Horn Lane south to the dead end). (Sherbina/Hodson Lane, EC EU 06-36) Tax Lot 505, Assessor's Map 17-04-15-10, located in the River Road region of north Eugene, south of Beltline Road, west of River Road, east of the Northwest Express, north of Bushnell Lane, west of Skipper Street. (BGM Land Development, C EU 06-35) Tax Lot 8100, Assessor's Map 17-04-24-21 and a portion of E Hillcrest Drive, located in the River Road region of north Eugene, south of Beltline Road, east of River Road, north of E Hillcrest Drive, south of Loretta Way. (The segment of E Hillcrest Drive is that portion located adjacent to, and south of, Tax Lot 8100) and Tax Lot 1500, Assessor’s Map 17-04-24-24, located in the River Road region of north Eugene, south of Beltline Road, east of River Road, south of E Hillcrest Drive. (St. Vincent de Paul, C EU 06-34) Tax Lot 2500, Assessor's Map 17-04-15-14, located in the River Road region of north Eugene, south of Beltline Road, west of River Road, south of Bushnell Lane, east of Smithoak Street, north of David Avenue. (Columbo, EC EU 06-39) Tax Lot 900, Assessor's Map 17-04-13-23, located in the River Road region of north Eugene, south of Beltline Road, east of River Road, south of Corliss Lane, north of Owosso Drive, west of Carolyn Drive. (Bedacht, EC EU 06-51) Tax Lot 2300, Assessor's Map 17-04-14-14, located in the River Road region of north Eugene, south of Beltline Road, west of River Road, south of Silver Lane, north of Hamilton Avenue, east of Grove Street. (Crescione, C EU 06-48) Tax Lot 5400, Assessor's Map 17-04-13-32, located in the River Road region of north Eugene, east of River Road, south of Beltline Road, adjacent to Owosso Drive to the north, and adjacent to Camelot Avenue to the east. (Pemberton, EC EU 06-54) Tax Lot 400, Assessor's Map 17-04-15-14, located in the River Road region of north Eugene, south of Beltline Road, west of River Road, south of Bushnell Lane, east of Anthony Way, north of David Avenue. (Smith, EC EU 06-55) Exhibit A – Notice Page 2 of 5 L:\CMO\2007 Council Agendas\M070122\S0701222C-attA1.doc Tax Lots 3702 and 3703, Assessor's Map 17-04-23-24, located in the River Road region of north Eugene, south of Beltline Road, west of River Road, south of N Park Avenue, east of the Northwest Expressway. (Firebolt LLC, C EU 06-59) Tax Lots 2200, 2500, and 2501, Assessor's Map 17-04-23-24, located in the River Road region of north Eugene, south of Beltline Road, west of River Road, south and west of Park Avenue, north of Elkay Drive, northeast of the Northwest Expressway. (Iachello/Lane County, EC EU 06-63) Santa Clara Water District : Tax Lot 2700, Assessor's Map 17-04-14-11, and a portion of Ruby Avenue located in the Santa Clara region of north Eugene, north of Beltline Road, west of River Road, south of Ruby Avenue, east of Quince Street. (The segment of Ruby Avenue is that portion that extends from the west property line of Tax Lot 4500, Assessor’s Map 17-04-11-44, to the west property line of Tax Lot 3103, Assessor’s Map 17-04-11-43). (Walker and Bush Investment V/Ruby Avenue, C EU 06-06) Tax Lot 3200, Assessor's Map 17-04-11-42, located in the Santa Clara region of north Eugene, north of Beltline Road, west of River Road, north of Irving Road, east of Irving Court. (Adams, C EU 06-09) Tax Lot 1300, Assessor's Map 17-04-02-34, and portions of Byron Street, Argon Avenue, and Irvington Drive, located in the Santa Clara region of north Eugene, north of Beltline Road, west of River Road, north of Irvington Drive, east of Byron Street, west of Countryside Lane. (The segment of Byron Street is that portion located west and south of Tax Lot 1300; the segment of Argon Avenue is that portion located north of Tax Lot 1300 at the north end of Byron Street; the segment of Irvington Drive is that portion located east of Byron Street to the existing city limits just west of River Road). (Walden/Byron Street/ Irvington Drive/Argon Avenue, C EU 06-08) Tax Lot 300, Assessor's Map 17-04-02-11, and a portion of Scenic Drive, located in the Santa Clara region of north Eugene, north of Beltline Road, east of River Road, west of Scenic Drive, north of Spring Creek Drive, north and south of Herman Street. (The segment of Scenic Drive is that portion located from Spring Creek Drive to the north property line of Tax Lot 200, Assessor’s Map 17-04-02- 11). (G&R/JLA, LLC/Scenic Drive, C EU 06-04) Exhibit A – Notice Page 3 of 5 L:\CMO\2007 Council Agendas\M070122\S0701222C-attA1.doc Tax Lots 2200, 701, and 702, Assessor's Map 17-04-11-24, and a portion of Dahlia Lane, and a portion of Ferndale Drive, located in the Santa Clara region of north Eugene, north of Beltline Road, west of River Road, south and west of Ferndale Drive. (The segment of Dahlia Lane is that portion located south of Greenfield Avenue, north of Tax Lot 702; the segment of Ferndale Drive is that portion located between Irvington Road and Greenfield Avenue). (Kauble, C EU 06-07) Tax Lot 905, Assessor's Map 17-04-11-23, and a portion of Bobolink Avenue, located in the Santa Clara region of north Eugene, north of Beltline Road, west of River Road, west of Stark Street, east of Maesner Street, north of Bobolink Avenue. (The segment of Bobolink Avenue is that portion located between Stark Street and Maesner Street). (Butte Construction Company, C EU 06-24) Tax Lot 1800, Assessor's Map 17-04-11-14, and a portion of River Loop #1, located in the Santa Clara region of north Eugene, north of Beltline Road, east of River Road, south of River Loop #1, west of Dalewood Drive. (The segment of River Loop #1 is that portion located between River Road and Dalewood Drive). (Zeedyk/River Loop #1, C EU 06-21) Tax Lot 519, Assessor's Map 17-04-01-32, located in the Santa Clara region of north Eugene, north of Beltline Road, east of River Road, north of Dean Avenue, south of River Loop #2, west of Kirsten Street, east of Kendra Street. (Cowan, C EU 06-17) Tax Lot 5805, Assessor's Map 17-04-11-12, and a portion of River Road, located in the Santa Clara region of north Eugene, north of Beltline Road, west of River Road, north of Chapel Drive, south and east of Cindy Street. (The segment of River Road is that portion located between Wedgewood Drive and Azalea Drive). (Motherway/River Road, C EU 06-23) Tax Lot 100, Assessor's Map 17-04-01-22, and portions of Nottingham Avenue and Watson Drive, located in the Santa Clara region of north Eugene, north of Beltline Road, east of River Road, east of Scenic Drive and Nottingham Avenue, north and south of Wendover Street. (The segments of Nottingham Avenue and Watson Drive are those portions located east of Scenic Drive). (Piculell/Nottingham Avenue/Watson Drive, C EU 06-26) Tax Lots 5700, 6200, and 6300, Assessor's Map 17-04-11-41, and located in the Santa Clara region of north Eugene, north of Beltline Road, east of River Road, north of Hunsaker Lane, south of Azalea Drive. (Shin, C EU 06-25) Exhibit A – Notice Page 4 of 5 L:\CMO\2007 Council Agendas\M070122\S0701222C-attA1.doc Tax Lot 500, Assessor's Map 17-04-02-13, and a portion of Spring Creek Drive, located in the Santa Clara region of north Eugene, north of Beltline Road, east of River Road, south of Spring Creek Road, west of Scottdale Street. (The segment of Spring Creek Drive is that portion located between River Road and Scenic Drive). and Tax Lot 5502, Assessor’s Map 17-04-02-30, and portions of Irvington Drive, Crocker Lane, and Blackfoot Avenue, located in the Santa Clara region of north Eugene, north of Beltline Road, west of River Road, south of Irvington Drive, north of Blackfoot Avenue, and east of Crocker Lane. (The segment of Irvington Drive is that portion located between the Northwest Expressway and Byron Street; the segment of Crocker Lane is that portion located between Irvington Drive and Blackfoot Avenue; the segment of Blackfoot Avenue is that portion located between Crocker Lane and River Road). (Eugene School District 4J/Spring Creek Drive/Irvington Drive/Crocker Road/Blackfoot Avenue/W Hilliard Lane/Marion Lane, C EU 06-27) Tax Lot 900, Assessor's Map 17-04-02-21, located in the Santa Clara region of north Eugene, north of Beltline Road, east of River Road, south of Beacon Drive, north of Spring Creek Drive, west of Calument Circle. (Peterson, C EU 06-44) Tax Lot 5900, Assessor's Map 17-04-02-30, located in the Santa Clara region of north Eugene, north of Beltline Road, west of River Road, south of Irvington Drive, north of Blackfoot Avenue, west of Stark Street, and a portion of Stark Street. (Brian Murry Homes/Stark Street, C EU 06-58) Tax Lot 200, Assessor's Map 16-04-35-44, located in the Santa Clara region of north Eugene, north of Beltline Road, east of River Road, south of Beacon Drive, east of Scenic Drive. (Wolf, C EU, 06-60) Tax Lot 301, Assessor's Map 17-04-11-22, located in the Santa Clara region of north Eugene, north of Tivoli Avenue, west of Crocker Road, south of Blackfoot Avenue, east and adjacent to Stark Street. (Spinner, C EU 06-66) The City Council of the City of Eugene will determine at the hearing whether the withdrawals are in the best interest of the City of Eugene, Oregon. MARY FELDMAN CITY RECORDER Exhibit A – Notice Page 5 of 5 L:\CMO\2007 Council Agendas\M070122\S0701222C-attA1.doc