HOUSE COMMITTEE ON LAND USE

 

 

April 25, 2005 Hearing Room 50

1:30 P.M. Tapes  71 - 72

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Mitch Greenlick, Vice-Chair

Rep. Robert Ackerman

Rep. Mary Nolan

Rep. Patti Smith

Rep. Mac Sumner

 

STAFF PRESENT:                  Sam Litke, Committee Administrator

Lindsay Luckey, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                HB 2704 – Work Session

HB 3312 – Work Session

                                                HB 2963 – Public Hearing

                                               

 

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 71, A

002

Chair Garrard

Calls the meeting to order at 1:37 p.m. and opens a work session on HB 2704.

HB 2704 – WORK SESSION

 

Chair Garrard

Notes there is a subsequent referral to House Committee on Agriculture and Natural Resources.  References -2 amendments submitted by Rep. Greenlick (EXHIBIT A).

 

Rep. Greenlick

References discussions to have the subsequent referral removed and suggests delaying to have the issue rectified.

 

Rep. P. Smith

Comments that they could move the bill and Rep. Greenlick could explain his -2 amendments.

 

Chair Garrard

Explains they could move the bill to the Agriculture committee but that he believes it is Rep. Greenlick’s wish not to move the bill to there.

 

Rep. Greenlick

States the subsequent referral seems to add confusion if the Speaker has no problem with the bill not going to the Agriculture Committee.

 

Rep. P. Smith

Comments she has not heard from the Speaker.

 

Chair Garrard

Remarks that neither Rep. P. Smith nor he have been notified to remove the referral and offers Rep. Greenlick the option to delay hearing the bill.

 

Chair Garrard

Announces that HB 2704 will be carried over to Wednesday April 27, 2005.  Closes the work session on HB 2704 and opens a work session on HB 3312.

HB 3312 – WORK SESSION

 

Chair Garrard

Announces the bill will be replaced by the amendments.

050

Sam Litke

Committee Administrator.  Explains original bill and the replacing -2 amendments (EXHIBIT C).  References -1 amendments (EXHIBIT B).

060

Lana Butterfield

Defers to Al Johnson to explain the bill and mentions their clients Jim and Jenera Ralph.

 

Al Johnson

Attorney, Private practice concentrated in land use.  Notes the bill has been introduced on behalf of the South Eugene Property Owners Coalition and explains their concern about a proposed historic district.  Gives history of historic districts in the area.  Describes the problem lies in regulatory consequences of the national register listing and elaborates.  Explains that HB 3312-2 will delink the federal designations.  Stresses it would not allow those to opt out of general local land use or building permits.

152

Johnson

Submits and reviews a packet of information including his own written testimony, background information of the issue and a collection of written testimony all in support of HB 3312 (EXHIBIT D)

 

Chair Garrard

Asks the panel to stay to hear objections and respond afterwards. 

250

Jason Heuser

Intergovernmental Manager, City of Eugene.  Discusses the role of the city in the process of historic district designations.  Submits correspondence of Mayor Piercy, tax lot map and the minutes from a related meeting (EXHIBIT E).  Discusses a “soft” policy which reflects the city’s interest in preserving historic districts once they have been designated.

 

Rep. Ackerman

Asks how far along they are in the nomination process.

 

Heuser

Defers to the SUNA group.  Relays understanding that they are close to a final stage.

350

Al Couper

Reports he is not with SUNA, but has been involved as a resident in the proposed historic district.  Gives background on the process of applying for historic district proposals.  Relays the current status of the application.  Requests that the committee not move forward today.

409

Rep. Ackerman

Asks if there is a deadline for people to opt out.

 

Couper

Verifies he means to object to the nomination.

 

Rep. Ackerman

Replies yes.

 

Couper

Responds on the amount of time allowed for property owners to submit letters of opposition or support.

 

Rep. Ackerman

Verifies that there is still time for people to opt out.

 

Couper

Confirms that there is time to object to formation of the district.

 

Chair Garrard

Asks Heuser for the city’s position on HB 3312. 

 

Heuser

Responds that they are opposed to the bill because it is not good statewide policy separate from the specific situation discussed.

TAPE 72, A

022

Rep. Anderson

Asks if this will deny expansion to the University and the surrounding areas.

 

Couper

Replies negatively.  Relays discussions with the University and their interest in thriving neighborhoods.

 

Rep. Anderson

Relays that was one of the concerns from constituents.

045

James Hamrick

Assistant Director, Parks and Recreations.  State Historic Preservation Officer.  Describes his involvement in the Eugene situation.  References Rep. Ackerman’s question and reports that people can send written objections up until the end of the 45-day review period.  Discusses owner consent provisions in 1995 legislation and notes the bipartisanship in their proceedings.

 

Chair Garrard

Remarks that his interpretation of the intent of the legislation was to  give local property owners an “opt out” and asks if Hamrick agrees.

 

Hamrick

Verifies he means in terms of the protection mechanisms.

 

Chair Garrard

Confirms.

 

Hamrick

Responds that he does not believe that was the legislative intent and elaborates on his interpretation.  Defers to Bob Rindy.

111

Bob Rindy

Department of Land Conservation and Development.  Notes his peripheral involvement and explains that the opt out provision was with regard to designation of a historic resource except with those in federal districts.

 

Hamrick

Continues testimony, suggesting larger statewide discussions.

 

Chair Gararrd

Asks if the real issue is a federal district designation versus personal property rights.

 

Hamrick

Discusses historic preservation at the local level.

 

Chair Garrard

Asks what happens with those who do not want to be a part of it.

 

Hamrick

Verifies he means federal designation.

 

Chair Garrard

Confirms this.

 

Hamrick

Explains the provisions set up to allow for objections.

 

Chair Garrard

Discusses personal property rights and refers to a poll taken on Ballot Measure 37 (2004).

 

Rindy

States there is a question of Measure 37 applying in this situation and elaborates.

 

Chair Garrard

Discusses similarities in this situation with issues of Measure 37.

 

Rindy

Further outlines application of Measure 37.

200

Chair Garrard

Asks Rindy if HB 3312 were passed what the effect would be on the state of Oregon.

 

Rindy

Replies that if they effect districts statewide, some number of properties would not longer have to comply with some restrictions. 

 

Chair Garrard

Verifies that they would not have to comply with something they never agreed to.

 

Rindy

Replies that districts were formed a long time ago and notes changing circumstances.

 

Rep. Greenlick

References the recent poll on Measure 37 and its paradoxical findings.  Asks if there are tax or real estate value benefits associated with the historic district designation.

 

Hamrick

Responds that they vary by local jurisdictions.  

259

Rep. Greenlick

Asks if there are any property value changes.

 

Hamrick

Reports on some property value increases in historic districts.

 

Rep. Greenlick

Comments on the question of Measure 37 application.

 

Rindy

Notes a clause in Measure 37 that would exempt properties where regulations are required by federal law.  Believes it is an open question as to how Measure 37 may apply in historic districts. 

300

Chair Garrard

Asks the committee if they think they should bring the issue back for a public hearing as further issues have emerged.

 

Rep. Nolan

Responds given the circumstances, it would be appropriate to reconsider the issue with a public hearing.

 

Rep. Greenlick

Adds that if the issue is statewide further assessment is needed.

 

Chair Garrard

Announces that they will bring HB 3312 back on May 4th for a public hearing.

352

Rep. Ackerman

Points out the importance of determining the consequences of opting in or opting out. 

 

Chair Garrard

Closes the work session on HB 3312 and opens a public hearing on HB 2963. 

HB 2963 – PUBLIC HEARING

 

Sam Litke

Committee Administrator.  Introduces HB 2963 and reports on possible -1 amendments based on the proposed content outlined in (EXHIBIT G).

TAPE 71, B

022

Danielle Cowan

Public affairs director, City of Wilsonville.  Speaking on behalf of the mayor, raises her concerns about the amendments. 

 

Rep. Nolan

Asks who the members of the work group were.

 

Litke

Lists Bob Rindy, Tom Gallagher, representatives of Oregon Economic Community Development Department, and is unsure of others

 

Rep. Nolan

Narrows her question, asking if the League of Oregon Cities participated and if issues of burdens on local government were sorted out.

 

Bob Rindy

Department of Land Conservation and Development.  Notes that other members were Linda Ludwig, League of Oregon Cities and Art Schlack, Association of Oregon Counties.  Adds the participation of Metro, and notes some interests not participating including farming interests. 

049

Kimberly Grigsby

Regulatory Liason, Oregon Economic and Community Development Department (OECDD).  Relays thanks to the work group for working on the issues and their intention to provide additional comments once a draft bill comes from Legislative Counsel.

 

Chair Garrard

Notes the approaching deadline to hear House bills.

066

Tom Gallagher

Urban Developers Coalition.  Relays the difficulties reaching consensus and the possibility of the bill moving to Ways and Means.  Reviews history of the issue of providing industrial lands and elaborates on limiting factors.  Discusses a major provision which would allow doing large sites in regional planning rather than city by city. 

170

Chair Garrard

Closes the public hearing on HB 2963.  Reports the committee will not be hearing HB 2162.  Adjourns the meeting at 2:48 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2704, -2 amendments, Rep. Greenlick, 2 pp
  2. HB 3312, -1 amendments, Staff, 2 pp
  3. HB 3312, -2 amendments, Lana Butterfield, 2 pp
  4. HB 3312, information and collection of written testimonies, Al Johnson, 44 pp
  5. HB 3312, correspondence, map and minutes, Jason Heuser, 8 pp
  6. HB 3312, written testimony, Janet Heinonen, 1 p
  7. HB 2963, proposal for content, Tom Gallagher, 6 pp