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.