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HomeMy WebLinkAboutOrdinance No. 18969ORDINANCE Nor 15969 AN ORDINANCE DISSOLVING THE DOwNTO~N DEVELOPMENT BOARD ; CREAT ZNG A DOWNTOWN CON~MI S S I.QN ; A~~END ING SECTION 2.013 OF THE EUGENE CODE., 1971, REPEALING SECTIONS 2.38Q, 2.381, 2.382, 2.383, 2.3$5, 2.386, 2.387, 2.35$, 2.389, AND 2.394 OF THAT CODE; ADD- ING SECTIONS 2.15, 2.151, 2.152, 2.153, 2.154, 2.155, 2.156, 2.157, 2.158, 2.159, 2.16, 2.161, 2.162, 2.163, A,ND 2.164 TO THAT CODE; AND PROVID-~ ING AN EFFECTIVE DATE. THE CITY OF EUGENE DQES ORDAIN AS FOLLOWS: Section 1. Sections 2.380, 2.381, 2.382, 2.383, 2.384, 2.385, 2.386, 2.387, 2.358, 2.389 and 2.39 of the Eugene Code, 1971, are hereby repealed. Section 2. The following new sections are hereby added to the Eugene Code, 1971, to read and pro~ride as follows: 2.150 Downtown Commission - Created. There is hereby created a downtown commission, referred to in sections 2.151 to 2. lb6 as ~1Comm1S51onrr 2.151 Downtown Commission - Powers and Duties. It shall be the duty of the ca~mmission, and it shall have the power, except as otherwise provided by law to: ~.a} Recommend and make suggestions to the council and other public authorities concerning issues and ac- tions within the Downtown Commission boundary; ~.b} Formulate and recommend city policy far down- town issues and activities; (c} Cooperate with other agencies, boards, and commissions in the planning and programming for down- town; ~.d} Develop and implement a downtown refinement plan; fie} Prepare and recommend a budget to fund com- mission activities; ~.f} Monitor and e~raluate downtown planning and programming; (g} implement the Central Eugene Project; ~h} Plan for and implement urban renewal acti- vities within th.e Downtown Commission boundary; and ~i} Plan and prawide for economic promotion, downtown development, and public parking in the Down- town Development District. Qrdinance ~- l X8969 x.152 Downtown Co~.mssion ~ Urban Renewal Activities. The scope of act~,ons to be undertaken by the commission to assist the council, a,n exercising ~.ts powers as the Urban Renewal Agency under QRS Chapter 457, include but are not limited to the following: (a~ Recommend a plan fox implementing the Central Eugene Project CRE~-1~ adopted Dece~.ber, 1969, and any other urban renewal activities w~.thin the boundary of any city-approved urban renewal plan, and acting as the agent of the council, .far the acquisition and disposi- tion of property; 1. Construction, rehabilitation, removal, or demolition of buildings and improvements; 2. Construction and reconstruction of public .improvements; and 3. Financing of such projects and acti- v~.ties necessary yr incidental thereto. ~_b~ Recommend a budget in accordance with state law for renewal projects. ~c~ Monitor and evaluate the implementation of the cityss urban renewal plan and recommend to the council such changes as the commission deems advisable. 2.153 Downtown Commissipn - Downtown Develo meat District Activities. The scope of actions to be undertaken by the commission to finance and administer in the Downtown D e- velopment District a program of economic promotion, downtown development, and public parking which may include the promo- tion of paratransit, transit, walking and bicycling, include but are not limited to the following: ~a} Prepare and submit in compliance with city budget procedure and schedule, a preliminary budget for a program of economic promotion, downtown develop- ment and the Downtown Development District parking pro- gram. The budget shal3. estimate income and expendi- tures for the immediately ensuing fiscal year and be in a format prescribed by the city manager. ~.b~ Submit to the city manager or hisJher designee in compliance with the city budget schedule, a written proposal of the rates of ad valorem and business-and-occupation taxation that the commission deems necessary tv finance the downtown development and parking program during the next year. ~.c~ All proceeds from ad valorem and business-- and-occupation tapes spec~.ally levied in the Downtown Development Distxi_ct to finance the promotion, develop- ment, and park~.ng program and all other income gen- erated by Downtown Development District funds or pro- grams shall be credited to a fund known as the Downtown Qrdinance - 2 18969 Develo~~nent fund, The commission shall have power to expend the fund solely to i.m~lement the program within the Downtown Development District, 2.154 Downtown Commission -~ Boundari.es. ~1~ The Downtown Commission Boundary is defined as that part of the city bounded by a lane: Beginning at a point ~~ feet south. of the northwest corner of the intersection of lath Avenue and Lawrence Street in the city of Eugene, Lane County, Oregon, commencing northerly along the west right-of-way line of Lawrence Street to the south right-of-way line of the east-west alley between 7th Avenue and 8th Avenue; thence, westerly along the south right-of-way line of said alley to the west right--of-way line of Washington Street; thence, northerly along the west r~.ght-of~-way line of Washington Street to the point of intersection of the south right--af-way line of the east-west alley between 5th and dth Avenue; thence, easterly along the south right-of-way line of said alley to the west right-vf-way line of Charnelton Street; thence, north- erly along the west right-vf-way line of Charnelton Street tv the point of intersection of the Southern Pacific Railroad center line; thence, southeasterly along the Southern Pacific Railroad center line to the west right-of-way line of Pearl Street; thence, north- erly along the west right-of-way line of Pearl Street to the north right-of-way line of 4th Avenue cif ex- tended); thence, easterly along the north right-of-way line of 4th A~renue ~_if extended} to the center line of the Willamette River; thence, southeasterly alon the g centerline of the Willamette River to a point that is intersected by a line drawn south 30° west to a paint located at the intersection of the center north-south alley between Hilyard and Alder streets and the south right-of~-way line of East Broadway; thence, westerly along the south right-of--way line of East Broadway to the west line of lot 4DQD, 17-D3--32--2 3; thence south- erly along the west l~.ne of said lot 40DD, to the north property line of lot 95D4, 11-03-32-2 3; thence northwesterly along the north lot line of said lot 950D to the west lot line; thence southerly along the .west line of said lot 95DQ to the intersection of the north line of said lot 1, Shaw's Addition; thence, westerly along the north line of said lot 1, Shaw's Addit~.on to the east xi.ght-of ~-way line of Mi11 Street; thence southerly along the east right-of-way line of Mi11 Street to the southeast corner of the intersec- Ordinance - 3 18969 tion of dill Street and 11th Avenue; thence, westerly along the south right-of -way 1~,ne .af 11th. Avenue to the southeast cQxnex of the intersection of High Street and 11th Avenue; thence sauth.erly clang the east right-of-way line of High. Street to the southeast cor- ner of the intersection of Tiigh Street and 13th Avenue; thence westerly along 13th Avenue %ncluding all tax lots, as of the effective date of this section, front- ing 13th Avenue, to the point of beginning and encom- passing the Central Eugene Project and the Downtown Development District. ~.2} The Central Eugene Project is defined as that part of the City bounded by a line: Beginning at the southwest corner of the intersection of 11th Avenue and Charnelton Street in the city of Eugene, Lane County, Oregon, commencing northerly along the west right-af-way line of Charnelton Street to the point of intersection of the south right-of-way line of the alley between 10th Avenue and Broadway; thence, westerly along the south right-of-way line of said alley to the west line of Lincoln Street; thence northerly along the west right-of-way line of Lincoln Street to the point of intersection of the north right-of-way line of the alley between Broadway and $th Avenue; thence easterly along. the north right-of-way line of said alley to the west right-of-way line of Charnelton Street; thence, northerly along the west right-of~-way line of Charnelton Street, to the northwest corner of the inter- section of 1th Avenue and Charnelton Street; thence, easterly along the north right-of--way line of 7th Ave- nue to the northwest corner of the intersection of 7th Avenue and Alive Street; thence, northerly along the west right-of-way line of Olive Street to the north- west corner of the intersection of 6th Avenue and Olive Street; thence, easterly along the north right-of-way line of 6th. Avenue to the northeast turner of the intersection of 6th Avenue and Oak Street; thence, southerly along the east right-of-way line of Oak Street to the northeast corner of Oak Street and South .Park Avenue; thence, easterly along the north right- of-way line of South Park Avenue extended to the east right-of-way line of Pearl Street; thence, southerly clang the east right-of-way line of Pearl Street to the southeast corner of the intersection of Pearl Street and 11th Avenue; thence, westerly along the south right-of--way line of 11th. Avenue to the point of be- ginning. ~3} The Downtown De~relopment District is defined as that part of the city bounded by a line: Beginning at the intersection of the center line of 10th Avenue with the center line of Lincoln Street; Ordinance - 4 18969 and running thence north to the center line of Sth Avenue; thence, easterly to the west lane of lot 8 (if extended sQutherl~~} In black S, Skinners Addi- tion; thence, north along said west lane to the center of the east west alley between lth Avenue and 8th Avenues; thence, east to the center of block 7, Skinners Addition; thence, north b~ feet; thence east to th.e center lane of Alive Street; thence, north to the center line of 7th Avenue; thence, east to the center of the north-south alley between Willamette Street and Oak Street; thence, south to the center line of South Park Street; thence, east to the center line of East Park Street; thence, north to the center line of 8th Avenue; thence, east to the center line of Pearl Street; thence, south to the center line of 11th Avenue; thence, west to the center of the north- south alley between Pearl Street and Oak Street; thence, south to the north line of lot~6, black 2, Christian's Addition; thence, west to the center line of Oak Street; thence, north to the south line of lot 4 ~.if extended east} , black 2O, Mulliganr s Donation; thence, west to the center of the north-south alley between Oak Street and Willamette Street; thence, south 12O feet; thence west to the center line of Willamette Street; thence, north to the north line of lot l ~.if extended east}, block A, Dorris Addition; thence, west to the center of the north-south alley between Willamette Street and Olive Street; thence, south to the center of the east--west alley between 11th Avenue and 12th Avenue; thence, west to the center line of Olive Street; thence, north to the center line of llth Avenue; thence, west to the center line of Charnelton Street; thence, north to the center line of 14th Avenue; and thence, west to the paint of beginning. 2.155 Downtown Commission - Membershi Term; vacancies. ~l} The commission shall consist of seven voting mem- bers to be appointed by the council, and two ex officio non- voting members, the c~.ty manager or his/her .designee and the executive director, to be.appainted by the city manager. (2} voting members of the commission shall hold office for four years. The ex officio members shall hold office at the pleasure of the city manager. ~3} Any voting membex who masses more than three con- secutive regular meetings without having been given a leave of absence by the commission shall be removed by the council, and Ordinance - 5 18969 another member shall be appo,~nted by the caunc~il t~ complete the unexpired term of such. ~emb.ex [4} Co~nm.~.ssion members shall rece~re no compensation but shall be reimbursed fog duly a,uthor.~zed expenses. ~5} Any vacancy in th.e co.m~i_ssion shall be filled by the council for the unexpired term of the predecessor in office, A vacancy shall occur upon the death. ar resignation of a member, or upon the removal of a member pursuant to section 2.156. 2.156 Downtown Commission - ~.emoyal. A commission member may be removed by the council, after a hearing, for misconduct or no~.performance of duty. 2.157 Downtown Comm,iss,ian - Interests of Members. At least five voting members employ others, own property, wary residence, or otherwise within the downtown boundary of the .commission shall be employed, manage a business, maintain a pri- have a direct, pecuniary interest as described in section 2.1541}. 2.15$ Downtown Commiss~.on - Conflict of Interest. A member of the commission shall not participate in any commis- sion proceeding or action in which there is a conflict of interest. Conflict of interest shall mean any action, deci- sion, or recommendation, the effect of which would be to the private pecuniary benefit or detriment of the member or a mem- ber of the members household, Any such interest, actual or potential, shall be disclosed at the meeting of the commission where the action is being taken. 2.159 Downtown Commission - Recei t of Gifts, Be nests, or Other Property. The commission ma receive if s .. y g t bequests, devises or grants of money or other property an be- half of the council, and nay recommend to the council use or disposattivn of such money or property to implement the down- town area plan, or to carry out any other powers given to the commission under this code. 2.160 Downtown Cammiss~.on -- Meetin s and Or anization, (1} The commission nay make and alter bylaws f ar its own conduct and procedure, consistent with state law, the Ordinance - 6 18969 charter and ordinances of the city, and subject to council approval. ~2} Four ~roting ~aembers of the commiss~.on shall con- stitute a quorum. ~3} The co~nmi,ssion shall ~m.eet twice each month and at such additional tunes as the comma~ssion may determine as defined in the bylaws. if a regular meeting date falls an a legal holiday designated in CRS 181.Q14 and 1$7.020, the meet- ing may be held on the following day. 2.161 Downtown Commission -~ Qf f icers and Staff . ~1} The commission, at its first meeting, shall elect a president and price-president from among the voting members of the commission, who shall hold office as defined in the by- laws of the commission. t2} The city ~aranagex shall have full discretion in assigning any staff to the commission. 2..162 Downtown Commission - Re arts to Cit Council. The commission shall make anc~ file with the council annual or more frequent than annual reports of transactions and acti- vities of the commission. 2.163 Downtown Commission ~l} The commission coordination with the plane sign, a downtown area plan. ~.2} The commission and planning commission any the downtown area plan. Downtown Area Plan. shall develop, in conjunction and ing department and planning commis-~ shall recommend to the council actions necessary to implement 2.164 Downtown Commission ~- Ordinances Submitted to Commis-- sion. ~1} Copies of all ordinances tv be submitted to t`he council establishing special boundazies, zones, or districts within the downtown area, or regulating or limiting the use, height, area, bulk, or construction of buildings within the downtown area., or regu~.at,ing, limiting, or altering the street system, transportation ox parking, ox any other action or activity with impact ar effect on the downtown, shall first Ordinance ~- 7 18969 be submitted to the commission and the comm~,ssion shall make a recommendation thereon ~n writing to the plann~,ng commis- sion and council. ~2~ Before f%na1 action shall be taken by the council, or any department of the city go~rernment, on the location or design of a public building, bridge, statue, park, parkway, boulevard, street, playground ox public grounds i~n the down- town area, or the use or d%sposition of any property which the commission was involved ~n acquiring, the same shall be sub- mitted to the commission for a recommendation. Unless the council. specifies a longer period for the return of a recom- mendation, the commission shall be deemed to have approved any matter referred to it in accordance with the provisions of this section at the end of 3D days after the receipt of same in writing by its secretary, unless the commission shall submit a report prior to that time. . 2.165 Downtown Commission - recommendations to Private Persons or Public Authorities. The commission may make recom- mendations to a person or publ~.c authority, with reference to any issue yr action affect~.ng downtown. Issues or actions in- clude, but are not limited to, the location of buildings, structures, or works to be erected, constructed, or altered in the downtown area by ar for the person or public authority. Such recommendations shall not have the force or effect of law ar ordinance. 2.166 Downtown Commission - ~b'ectians. Any person aggrieved by any action of the commission shall present an vbjec-- tion in writing to the commission within 30 days after the commission's action. The commission as defined in the bylaws shall provide f or the handling of such an objection. After receiving the objection and reviewing it, the commission shall grant or deny the objection. The aggrieved person, if not satisfied with the action of the commission on such objection, within l0 days may appeal in wr~.ting to the council. The council's determination of the appeal shall be binding on the commission and the aggrieved person. Section 3. The Table of Boards, Commissions and Committees set forth in Section 2.013 of the Eugene Cade, 1971, is hereby amended by deleting therefrom the references to the Downtown Development Board and inserting in alphabetical order therein the following: ordinance - 8 18969 Numbez of Appointment Name Members process Downtown 7 Council appoints Commission 2 ex Manager a~ppv~,nts officip Term Authority 4 years X2.151 Code indefinite Section 4. Tn order to ensure the orderly implementation of the procedures provided for herein, a specific effective date should be established, and, therefore, this Ordinance shall become effective on August 1 ~ 19 8 2 . 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