SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

April 06, 2001 Hearing Room B

8:00 a.m.  Tapes 80 - 82

 

MEMBERS PRESENT:            Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Ryan Deckert

Sen. Bill Fisher

 

MEMBER EXCUSED:

 

STAFF PRESENT:                  Jennifer Solomon, Committee Administrator

Cheryl Young, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 724, Public Hearing and Work Session

                                                SB 725, Public Hearing and Work Session

                                                SB 867, Public Hearing and Work Session

                                                SB 928, Public Hearing and Work Session

                                                SB 929, Public Hearing and Possible Work Session

                                                HB 2051A, Public Hearing and Possible Work Session

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 80, A

005

Chair Messerle

Opens hearing at 8:04. Opens public hearing on SB 867.

SB  867, PUBLIC HEARING

008

Staff

Summarizes SB 867.

019

Chuck Pearson

Clackamas County Surveyor. States that –1 amendments take care of previous concerns and are in favor of this bill. Submits written testimony.  (EXHIBIT A).

026

Chair Messerle

Closes public hearing on SB 867.  Opens work session on SB 867.

SB 867, WORK SESSION

032

Sen. R.  Beyer

MOTION:  Moves SB 867 to the floor with a DO PASS recommendation.

046

 

VOTE:  5-0

EXCUSED:  2 – Burdick, Deckert

 

Chair

Hearing no objection, declares the motion CARRIED.

046

Sen. R. Beyer

MOTION:  Moves SB 867 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  2 – Sen. Burdick, Sen. Deckert

 

Chair

The motion CARRIES.

SEN. FISHER will lead discussion on the floor.

033

Sen. Fisher

Asks how professional land surveyors stand on this amendment.

034

Sen. Beyer

Responds to question.

051

Chair Messerle

Close work session on SB 867. Opens public hearing on SB 928.

SB 928, PUBLIC HEARING

061

Staff

Summarizes SB 928.

080

Sen. Shields

Questions line 17 of –4 amendments.

086

Staff

Clarifies.

093

Bill Cross

Representing Oregon Association of Convention and Visitors Bureau. States there is agreement to the amendment to all parties. Asks for support of the amendment and bill.

158

Ron Eber

Department for Land Conservation and Development. Is supportive of these amendments.

201

Chair Messerle

Mr. Eber mentioned the east side in his testimony, and asks if there are any facilities on the west side that would presently comply with this or would be anticipated in the future.

205

Eber

Responds they have not explored or discussed any expansion of this previously.

212

Chair Messerle

Mentions the Big K ranch.

218

Eber

Responds that there may be some additional areas to look at in the future.

224

Sen. Fisher

States that he is supportive of this bill, but is unhappy with the artificial barriers making people unequal in ownership of large tracts of land.

244

Sen. Beyer

Asks Mr. Eber to list the 12 cities mentioned in his testimony.

246

Eber

Responds.

252

Sen. Beyer

Asks if this is zoned exclusively for land use only, and if they are eligible if they are zoned forest.

258

Eber

Replies that this applies to exclusive farm use zones only.

262

Sen. Beyer

Asks if there is a parcel that has both exclusive farm use and forest zones, does that kick it out if it is partially forest.

270

Eber

Responds.

274

Sen. Beyer

Asks if there is another opportunity for people in a forest zone to do something like this, or are they automatically kicked out.

277

Eber

Guest ranches will not be permitted in a forest zone.

285

Sen. Beyer

Asks if it wouldn’t make more sense to go 10 road miles as opposed to 10 air miles.

291

Eber

Responds to issue.

306

Randy Tucker

1000 Friends of Oregon. Have agreed to these amendments and supports this bill.

334

Chair Messerle

Closes public hearing on SB 928. Open work session on SB 928. 

338

Sen. Atkinson

MOTION:  Moves SB 928 to the floor with a DO PASS recommendation.

339

Sen. Beyer

States he will not support the motion with the –5 amendment. Notes he is concerned with the air mile issue.

365

Sen. Fisher

Registers same feeling. Feels it is discriminatory and unacceptable that the idea that someone can’t do something with their property just because they are in the shadow of the urban growth boundary.

381

 

VOTE:  6-1

AYE:            6 – Sen. Atkinson, Sen. Burdick, Sen. Deckert, Sen. Fisher, Sen. Shields, Chair Messerle

NAY:            1 - Sen. R. Beyer

 

Chair

The motion Carries.

392

S. Shields

MOTION:  Moves SB 928 to the floor with a DO PASS AS AMENDED recommendation.

392

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

396

Sen. Beyer

Notes he will support the motion to move the bill forward but will continue working with the people who brought it forward toward a more reasonable (mileage) number.

407

Chair Messerle

Closes work session on SB 928.  Opens public hearing on SB 929.

412

Staff

Summarizes SB 929.

433

Rep. Kurt Schrader

Representing House District 23. Testifies in opposition to SB 929. Notes his concerns.

504

Chair Messerle

Asks for clarification regarding the amendments that might be coming forward.

511

Sen. Deckert

Asks if this is a local battle, or is it for folks outside the community.

518

Rep. Schrader

Responds.

Tape 80, B

002

Dave Hunnicutt

OIA. Speaks in support of this bill.

062

Roger Reif

Representing Northwood Investments. Speaks as this bill pertains to Canby. Testifies in favor of this bill. Submits written testimony. (EXHIBIT B).

077

Sen. Fisher

Asks for clarification regarding the noted parcel of land.

081

Reif

Refers to map and points out area.

083

Chair Messerle

Asks for clarification of sold tax lots.

084

Reif

Refers to tax lot 300 in exhibit 1 of his testimony.

089

Sen. Beyer

Asks what is preventing the city from including that land inside the urban growth boundary now.

093

Reif

Responds and clarifies.

161

Chair Messerle

Asks what it means economically to the value of investment when held in an open space zone.

168

Reif

Responds.

177

Chair Messerle

Asks what the value of the parcel is now.

178

Reif

Responds that as good nursery land, $10,000 an acre.

185

Sen. Deckert

Asks if the –1 only affects this property in Canby

191

Hunnicutt

Responds that he is not aware of any other cities with this issue. Expands on answer.

202

Sen. Deckert

Asks if this has gone before the planning commission and others.

209

Hunnicutt

Responds that Canby is not within the metro jurisdiction.

210

Sen. Deckert

Asks why it was decided to bring this issue to the state level.

211

Reif

Responds they were not getting the relief they needed.

216

Chair Messerle

Clarifies that they have gone to the state level and been appealed to LUBA.

220

Reif

Responds and further clarifies.

229

Sen. Burdick

Asks why the urban growth boundary was left out in first place.

231

Reif

Responds.

253

Lyle Read

One of five owners of property in Canby. Speaks in favor of this bill.

338

Sen. Fisher

Comments regarding violation of local control and LCDC.

347

Read

Clarifies that it was LUBA that turned them down.

354

Chair Messerle

Asks for clarification regarding the plan submitted by Canby that included Mr. Read in the urban growth boundary

357

Read

Responds.

365

Hunnicutt

Makes further comments about reaching goals 3 and 4 of the plan.

387

Sen. Fisher

Asks if –1amendments are favorable to them.

389

Sen. Beyer

Asks if they could build a golf course on that property.

392

Read

Responds that 30 acres would make a very small golf course.

405

John Williams

Planning Director for the City of Canby. Reads letter from mayor and city council members of Canby opposing SB 929. Submits written testimony. (EXHIBIT C).

457

Chair Messerle

Asks why the city changed its code from 20 years ago.

462

Williams

Responds that there has been a change over in city government and a possible change in philosophy.

366

Chair Messerle

Asks if he is the city planner and what that might mean to the economic value of the property, by not being included in the urban growth boundary.

472

Williams

Responds.

483

Sen. Atkinson

Asks how the legislature’s role in setting policy violates state wide planning goals.

487

Williams

Gives his interpretation.

504

Sen. Fisher

Asks where does the average small citizen go when they need help.

508

Williams

Responds that they go through the state process.

Tape 81, A

033

Sen. Fisher

Asks if it is wrong for the legislature to take on an issue that only affects a small person, and only take on issues that affect a whole lot of people.

035

Williams

Responds.

037

Sen. Fisher

Notes that the legislature has an obligation to every citizen rather than to a small number.

044

Sen. Deckert

States that he is assuming that this has gone through all local boards to gauge the growth needs of that particular region.

056

Williams

Responds.

063

Sen. Deckert

Asks what the city’s options are.

067

Williams

Responds.

074

Chair Messerle

Asks if the City of Canby has expanded its urban growth boundaries in the last 20 years.

076

Williams

Responds that the original line was a 40-year line not a 20-year line.

080

Chair Messerle

Asks if in their periodic review they are anticipating expanding their urban growth boundaries now.

081

Williams

Notes that there is no need for that at this time.

082

Sen. Atkinson

Notes that the legislative role is to make land use policies work better, thus making it work better without violating planning goals.

102

Chair Messerle

Makes comment that in situations like this, it is why we are seeing Ballot Measure 7 come about with the vote it did.

105

Sen. Beyer

Referring to the letter from the Mayor and Council, it suggests that this bill was designed only at Canby. Asks if this bill would prevent this from happening again.

112

Williams

Responds.

116

Sen. Beyer

Notes that the previous witnesses testified that the city ordinances prevent them from using the property as a farm.  Asks if that is a correct interpretation.

121

Williams

Yes, currently there is zoning for agriculture on that property.

125

Sen. Fisher

Notes that the property is surrounded by low density development/housing. Comments on the inconsistencies.

153

Ron Tatone

Citizen. Notes that the City is now in periodic review. Continues testimony in support of this bill.

208

Jerry Reeves

Citizen. Offers some different perspectives.  Is in favor of the bill, but not the amendment.

237

Chair Messerle

Asks if he is saying that Canby is not the only situation in Oregon.

239

Reeves

Responds in the affirmative. Continues with testimony.

292

Chair Messerle

States that the bill will not move today because he wants more information since this is affecting more than one city. Asks Mr. Reeves to come back to a future meeting with his information.

306

Reeves

Makes further comments stating that the local process is flawed and expands on that statement.

355

Sen. Deckert

States that he believes the original bill would affect the City of Portland, and speaks of property in Washington County and how the bill will affect that.

371

Reeves.

Responds that those are not inside city limits.  Expands on answer.

395

Sen. Deckert

Asks if this bill affects properties in Portland.

398

Reeves

Responds.

408

Sen. Shields

Asks how long he’s owned the property.

410

Reeves

Responds since 1994.

411

Sen. Shields

Asks if he was aware of the restrictions on the property when he purchased it.

412

Reeves

Responds that he was.

414

Sen. Shields

Asks that if you know of the restrictions on the property when you buy it, and then the restrictions get changed, are you not able to financially profit from it.

428

Reeves

Responds that they are dealing with planning horizons viewed as future urbanizing.

464

Sen. Shields

Asks for clarification regarding the planning horizon.

474

Reeves

Responds that it was written in as the code.

485

Sen. Deckert

Gives a brief comment regarding purchasing land outside the urban growth boundary.

504

Bob Rindy

Department of Land Conservation and Development. Discusses annexing laws. Speaks in opposition to this bill. Submits written testimony. (EXHIBIT D).

Tape 82, A

029

Bob Rindy

Continues with testimony.

090

Chair Messerle

Asks who filed the claim with LUBA.

092

Rindy

Responds he believes it was a neighboring property owner.

094

Doug Riggs

PacWest Communications representing Metro. Speaks in opposition to this bill.

112

Randy Tucker

1000 Friends of Oregon on behalf of Mary Kyle McCurdy. Opposes bill as written. Submits written testimony. (EXHIBIT E).

166

Chair Messerle

Notes that it’s becoming clear there are winners and losers in these kinds of situations.

169

Sen. Fisher

Asks if Mr. Rindy would be in favor of this bill if it were amended to include the Salem situation.

172

Rindy

Responds.

195

Nathan Clayton

Citizen of Canby. Has questions and concerns regarding the voter approval of annexation.

205

Chair Messerle

States he believes it is already within the city boundaries.

206

Clayton

States that it goes against due process in the City of Canby.

 

 

Written testimony submitted by fax from Bill Searles, City of Union as part of the permanent record. (EXHIBIT F).

219

Chair Messerle

Closes public hearing on SB 929.  Open public hearing HB 2051.

222

Staff

Summarizes HB 2051.

244

Sen. Beyer

Notes that it’s appropriate to blend the three bills to make it easier to understand.

257

Jean Underhill Wilkerson

Oregon Farm Bureau. Speaks in favor of this bill and amendment. Notes that the ag communities are very satisfied with it.

276

John McCulley

Representing the Agriculture Cooperative Council. Speaks of a situation that arose regarding the grain lien statute that has been used to circumvent the produce lien statute. Seeking approval of –12 amendment.

307

Bob Vanderzanden

Farmer. Speaks in favor of bill.

366

Sen. Beyer

Notes for the committee’s information the proposed –12 hand engrossed bill affecting pages 15-16, not as is read as amending ORS 87-750.

372

Chair Messerle

Asks if it has to be fixed and then come back.

373

Sen. Beyer

Responds that he believes they could adopt both the A-10 and A-12 amendments and then have legislative council make them one amendment.

383

Chair Messerle

States he would rather have it completed properly, then bring it back for a vote.

386

McCulley

Notes that both could be adopted without impacting the overall bill.

393

Staff

Notes that the amendments were written to the A-engrossed bill, not to the –10, which are reflected in the hand engrossed bill.

402

McCulley

He feels that both amendments related to A-engrossed bill are compatible together.

413

Chair Messerle

States that he wants to check with legislative council and get it done right.

415

Sen. Fisher

Notes that this was described as the mother bill, and would like to see this worked out with this included.

321

Chair Messerle

Closes public hearing on HB 2051.

434

Sen. Shields

Asks if Sen. Burdick and Sen. Deckert want to vote on SB 867.

437

Chair Messerle

Opens work session on SB 867.

439

Sen. Fisher

MOTION:  Moves to SUSPEND the rules for the purpose of allowing Sen. Deckert and Sen. Burdick to vote on SB 867.

443

Sen. Shields

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT and SEN. Burdick to BE RECORDED as voting AYE on the MOTION:  Moves SB 867 to the floor with a DO PASS recommendation.


 

446

Chair Messerle

Closes work session on SB 867. Adjourns meeting at 9:48 a.m.

 

Submitted By,                        Reviewed By,

 

 

 

Cheryl Young,                        Jennifer Solomon,

Committee Assistant                        Administrator

 

EXHIBIT SUMMARY

 

A – SB 867, written testimony, C. Pearson, 1p.

B – SB 929, written testimony, Roger Reif, 11pp.

C – SB 929, written testimony, by John Williams for City of Canby, 1p.

D – SB 929, written testimony, Bob Rindy for R. Benner, 1p.

E – SB 929, written testimony, Randy Tucker for Mary Kyle McCurdy, 2pp.

F – SB 929, submitted by fax by Bill Searles, City of Union, 1p.