SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

March 14, 2005                                                                                                       Hearing Room B

3:00 P.M.                                                                                                                     Tapes  41 - 42

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 886 – Public Hearing

SB 887 – Public Hearing

SB 888 – Public Hearing

SB 380 – Public Hearing

SB 732 – Public Hearing

SB 699 – 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 41, A

005

Chair Ringo

Calls meeting to order at 3:10 p.m. Announces SB 537 will not be heard today because the -1 amendments have not been received yet. Announces that none of the other bills on the agenda will be moved out of committee today.

017

Chair Ringo

Opens public hearings on SB 886, SB 887, SB 888, SB 380, SB 732, and SB 699.

SB 886, SB 887, SB 888, SB 380, SB 732 AND SB 699 – PUBLIC HEARINGS

022

Sen. Ben Westlund

Represents Senate District 27. Testifies in support of SB 380.

052

Chair Ringo

Wonders if there will be testimony saying that the ability to annex is necessary.  Asks witness to comment.

055

Sen. Westlund

Responds.

070

Doug Riggs

Central Oregon Cities Organization. Submits written testimony and an article titled “Economic future looks very bright in Redmond” (EXHIBIT A). Highlights written testimony.

140

Robb Corbett

City Manager, City of Prineville. Discusses expansion of urban growth boundary (UGB).  Discusses necessity of growth for a city. Points out that the ability for a city to annex is necessary for growth.

180

Chair Ringo

States that a lot of people see problems with the annexation process all over the state. Asks what harm would be done if a two year moratorium was put on forcible annexations.

190

Corbett

Discusses rapid growth. States that the moratorium would allow one landowner to stand in the way of economic development.

195

Chair Ringo

States that the landowner would need to be convinced that it is in their best interest to be annexed. Asks why the annexation needs to be forced. 

198

Corbett

States that one landowner who is opposed to certain development could hold up the entire community. Discusses provision of services and infrastructure.

210

Chair Ringo

Asks what annexation plans the witness has over the next two years.

211

Corbett

Gives details.

215

Chair Ringo

Remarks that if there was a two year moratorium on forcible annexation of residential property, then it wouldn’t affect witness’ annexation plans.

216

Corbett

Believes he would still be risking the ability to provide services to that area.

223

Chair Ringo

States uncertainty about witness’ comment. Asks for clarification.

224

Corbett

Explains.

237

Chair Ringo

Discusses motivation for annexation.

240

Corbett

Comments on hampering growth.

243

Chair Ringo

Responds.

245

Riggs

Explains concern with the two year moratorium.

270

Riggs

Submits written testimony on behalf of Mike Morgan, City Administrator of the City of Madras (EXHIBIT B).

295

Jack Hoffman

Member, Lake Oswego City Council. Submits written testimony in opposition to SB 380 and SB 888 (EXHIBIT C). Submits written testimony in opposition to SB 887, SB 888 and SB 380 (EXHIBIT D). Submits excerpt from the General Laws of Oregon (EXHIBIT E). Discusses annexation. Explains visual aid, which is a series of maps.

440

Chair Ringo

Asks what the witness’ annexation plans are for the next two years.

442

Hoffman

Points out annexation plans on visual aid. Urges committee not to pass two year moratorium against forcible annexation.

TAPE 42, A

010

Chair Ringo

Brings up issue of island annexation. Asks if witness understands how that process has been abused in Washington County.

012

Hoffman

Responds.

018

Chair Ringo

Discusses island annexation in Senate District 17.

023

Hoffman

States that he cannot address this issue because he doesn’t know the specifics of Beaverton. Discusses neighborhood associations in Lake Oswego.

030

Chair Ringo

Comments that he is not convinced a two year moratorium would hurt the witness’ annexation plans. Asks witness to quantify what would be lost by a two year moratorium.

035

Hoffman

Gives examples of natural resources lost using visual aid.

042

Sen. Atkinson

Asks if witness used the phrase “control the natural resources.”

043

Hoffman

Confirms this.

044

Sen. Atkinson

Asks why the city government should control natural resources.

045

Hoffman

Asks for clarification of question.

046

Sen. Atkinson

Asks why the city government should control someone’s ability to cut down a tree.

047

Hoffman

Replies because of a tree code.

048

Sen. Atkinson

Asks if there is a tree code in Lake Oswego.

049

Hoffman

Replies yes.

050

Chair Ringo

Points out that Lake Oswego is the tree capital of the country.

051

Sen. Atkinson

Points out that the people mentioned by witness are not inside the city. Gives example of a citizen in southern Oregon.

060

Hoffman

Discusses legislation and control. Talks about regulating resources. Mentions Land Use Planning Goals.

070

Alan Tresidder

Nike. Introduces Julia Brim-Edwards. States they are here to testify on SB 732 and specifically how it relates to proposed annexation of the Nike campus.

077

Julia Brim-Edwards

Deputy Director for State Public Affairs, Nike. Submits written testimony in support of SB 732 (EXHIBIT F). Submits -1 amendments to SB 732 (EXHIBIT G). Testifies in support of SB 732.

090

Alan Tresidder

Explains the -1 amendments (EXHIBIT G).

095

Julia Brim-Edwards

Gives background on Nike. Discusses island annexation in Beaverton mentioned earlier by Chair Ringo.

120

Chair Ringo

Asks witness to explain history of Beaverton in regards to the annexation of the streets directly adjacent to the Nike campus.

124

Brim-Edwards

Explains the process Beaverton used.

160

Brim-Edwards

Discusses property taxes to schools and explains that SB 732 would not change the amount paid.

180

Sen. Atkinson

Gives a scenario of being completely surrounded by the city and wanting to be annexed. Asks if witness believes the system works.

185

Tressider

Asks for clarification.

186

Sen. Atkinson

Asks if one person could stand in the way of a property being annexed.

187

Tressider

Discusses complexity of annexation process.

188

Sen. Atkinson

Asks if the process is unnecessarily complex.

189

Tressider

States that it is complex. States that he does not know if one person can block an annexation. Discusses island annexation.

200

Sen. Atkinson

States that he has had experiences where the city annexed all around a piece of property, but would not annex the property itself. States that this devalues property.

210

Mayor Janet Taylor

Mayor, City of Salem. Testifies in opposition to SB 380, SB 699, SB 886 and SB 887. Submits written testimony (EXHIBIT H). Refers to and discusses visual aids which are large maps of Salem. Points out areas on map that are not inside Salem’s city limits. Explains that Salem provides the water and sewer service to those areas. Explains that Salem bought and maintains their systems, but they are not within Salem city limits.

264

Chair Ringo

Asks if those referred to are paying for those systems.

266

Taylor

Explains that they pay for the water and sewer only.  Discusses these areas and states that it would be good to make these areas a part of Salem.

275

Chair Ringo

Verifies that witness wants to bring these areas in as an island annexation.

276

Taylor

Confirms this.

277

Chair Ringo

Verifies that the island annexation could be done without a public hearing.

278

Taylor

States that in some cases the annexation can be done without a public hearing. Explains blue areas on map.

285

Sen. Burdick

Verifies that it is not close to an island because it is exclusive farm use (EFU) zoned outside the UGB.

287

Taylor

Confirms this. Discusses intergovernmental agreements and overlapping of efforts. Gives an example of a fire department located at Chemeketa Community College. Discusses city limits along Lancaster Drive in Salem. Points out that it is heavily developed commercial property that is in the county but it is inside Salem’s urban growth boundary.

315

Sen. Shields

Verifies that it is not in the city.

316

Taylor

Confirms this.

320

Sen. Atkinson

Asks where Cordon Road is.

324

Mitch Rohse

Interim Urban Planning Administrator. Points out Cordon Road on map.

327

Chair Ringo

Asks if witness has any plans within the next two years to annex mentioned parcels.

328

Taylor

Replies absolutely.

329

Chair Ringo

Verifies that witness plans to do that through island annexation.

330

Taylor

Confirms this.

331

Chair Ringo

Verifies that witness can annex these areas without getting the consent of the people who live there.

332

Taylor

Confirms this.

333

Chair Ringo

Asks if witness sees any problem with that method.

334

Taylor

Replies no. Explains that they have received a lot of requests to be annexed but cannot do so because the parcels are not contiguous to the city limits. States that the people who live in these areas want more services.

338

Chair Ringo

Verifies that witness is talking about the blue areas on the map.

339

Taylor

Replies no. Explains that she is also talking about people in the gray areas on the map.

345

Taylor

Concludes testimony. Urges committee not to pass any annexation bills.

360

Chair Ringo

States that he has a hard time believing that a two year moratorium would shut down Salem’s economy.

362

Sen. Atkinson

Refers to discomfort he mentioned earlier. Points to spot on map and states that all of those houses are outside of the city limits. Asks how hard it would be for them to come into the city.

368

Taylor

Verifies that they are outside of the UGB.

375

Sen. Atkinson

Confirms this. Discusses services used and roads surrounding them. Asks how hard it is for them to come into the city.

383

Taylor

Replies that they cannot come into the city if they are outside the UGB. Explains that they are on septic tanks and wells.

387

Sen. Atkinson

States that it is tough luck if you are outside the city.

388

Taylor

Clarifies that it is only outside the UGB. Discusses pollution and septic tanks.

405

Sen. Burdick

Asks if the city taxpayers subsidize the people that are in the gray areas on the map.

407

Taylor

Replies absolutely and explains.

412

Sen. Shields

Verifies that they only pay for sewer and water.

413

Taylor

Confirms this.

414

Sen. Shields

Asks if they are getting free police protection.

418

Taylor

States that is provided by the county sheriff.

419

Sen. Shields

Gives hypothetical example and asks if that is correct.

420

Taylor

Replies absolutely.

421

Sen. Shields

States that it seems pretty inefficient.

420

Taylor

Agrees. Gives examples involving the Lancaster mall area.

TAPE 41, B

005

Chair Ringo

Remarks that it happens all over the state. Clarifies that the services the witness believes are being subsidized are libraries and parks.

006

Taylor

Verifies libraries and parks. Adds code enforcement.

007

Chair Ringo

Asks if there is anything else.

008

Taylor

Adds police and fire.

009

Chair Ringo

Says that he thought witness said that the county sheriff covered the areas.

010

Taylor

Confirms this. States that fire is not subsidized but the residents are asking the City of Salem for increased services.

011

Chair Ringo

Clarifies that the services being subsidized are libraries, parks and code enforcement.

012

Taylor

Confirms this.

013

Chair Ringo

States that if libraries were a big concern then the city could issue library cards.

014

Taylor

States that the city already does this. Explains.

016

Chair Ringo

Asks if there are any studies on the amount of subsidy that occurs annually.

017

Taylor

States that she does not know of any.

018

Chair Ringo

States that the issue of subsidizing comes up often in Washington County. Gives example. States that there are a lot of theories about subsidization, but there are no studies.

 019

Taylor

Agrees.

020

Chair Ringo

States that he takes the theories with a grain of salt because there are no studies.

021

Larry Glassock

Director, Strategic Economic Development Corporation (SEDCOR). States opposition to a moratorium.

030

Taylor

Discusses PictSweet Mushroom Plant and development of area where it shut down.

038

Chair Ringo

Verifies that the owners of the property want to develop. 

040

Taylor

Confirms this.

041

Chair Ringo

Emphasizes that the moratorium would be against forced annexation only.

042

Taylor

Responds.

045

Jerry Ritter

Secretary, Oregon Communities For A Voice In Annexations. Testifies in support of SB 380. Submits written testimony (EXHIIBT I). Submits written testimony in support of SB 887 (EXHIBIT J).

095

Chair Ringo

Asks how witness responds to questions raised about those inside the city subsidizing those outside the city limits.

098

Ritter

States that he is outside the city limits.

099

Chair Ringo

Asks where the witness lives.

100

Ritter

States that he lives in the Springfield UGB. Discusses services received. Agrees that the cities have not made a case for this argument.

110

Chair Ringo

Responds.

113

Ritter

Submits written testimony on SB 699 (EXHIBIT K).

115

Chair Ringo

Verifies that it is the Nike bill.

116

Ritter

Replies no.

117

Chair Ringo

Replies okay. Asks witness to continue.

118

Ritter

Discusses SB 699. Asks that SB 699 be amended to extend it to all Oregonians. Discusses granting protections from annexation to businesses but not extending those privileges to other residents.

125

Ritter

Testifies in support of SB 887. States that the abuse of the island annexation process has occurred in places other than Beaverton.

130

Chair Ringo

Asks where else the island annexation problem has happened.

131

Ritter

Explains.

132

Chair Ringo

Asks witness for details.

133

Ritter

Gives details.

135

Chair Ringo

Asks for explanation of phrase “cherry stemming.”

136

Ritter

Explains phrase.

145

Sen. Ryan Deckert

Represents Senate District 14. Discusses mediation process. Offers to bring the committee an amendment.

180

Burdick

Discusses the City of Corvallis. Asks if witness is saying that the legislature will decide any contested annexation.

185

Sen. Deckert

Discusses process. Gives an example.

190

Burdick

Asks if that example is in her district.

191

Sen. Deckert

Replies no. Gives further examples. Discusses mediation process.

205

Chair Ringo

Believes that the mediation process makes sense in Washington County, but is unsure how witness connects the mediation process with legislative action.

210

Sen. Deckert

Discusses mentioned amendments. Offers to bring amendments at committee’s request.

213

Steve Bryant

City Manager, Albany. Submits and reads written testimony (EXHIBIT L).

255

Chair Ringo

States that witness is assuming that subsidization is occurring.

256

Bryant

Confirms this. Explains using an example.

270

Chair Ringo

States that the witness could have some services agreement where the people in rural areas pay for those services.

271

Bryant

Replies that they do.

272

Chair Ringo

Remarks that would remove the subsidization argument.

273

Bryant

Responds.

276

Chair Ringo

States that there is very little evidence to support the subsidization argument.

280

Bryant

States that it would take some economic study to demonstrate the subsidization argument.

290

Chair Ringo

States that in Washington County, the sheriff’s office is providing security in the jail and there are a lot of prisoners in there from the city.

293

Bryant

Responds.

300

Bryant

Continues reading testimony (EXHIBIT L).

370

Bryant

Discusses -1 amendments for SB 732 submitted by Brim-Edwards.

380

Chair Ringo

States that these amendments are not being considered at the moment.

385

Patricia Daniels

League of Oregon Cities and City Council, City of Corvallis. Discusses annexation.

413

Chair Ringo

Asks if there are forced annexations in Corvallis.

414

Daniels

Replies no.

415

Chair Ringo

Wonders if the witness would have a problem with limiting forced annexation while the problem is studied for two years.

416

Daniels

States that she has a suggestion for the committee. Continues discussing annexation.

TAPE 42, B

025

Daniels

Suggests the issues discussed not be addressed for all towns by a group of bills. Suggests that the committee create an interim task force.

030

Chair Ringo

Believes that a task force is necessary. Explains.

040

Marshall Cova

Boise Cascade. Testifies in support of SB 699.

050

Mike Hicks

Northwest Oregon Area Logging Manager, Boise Cascade. Submits and reads written testimony in support of SB 699 (EXHIBIT M).

135

Lisa Hamilton-Trike

Resident, Unincorporated Bull Mountain. Discusses annexation attempt by the city of Tigard. Urges committee to let citizens be involved in task forces if they are made.

230

Randy Tucker

Legislative Affairs Manager, Metro. Discusses responsibility of the Metro Council with respect to growth management in the Portland Metropolitan area.

260

Chair Ringo

Asks about two year moratorium.

261

Tucker

Responds.

275

Linda Ludwig

League of Oregon Cities (LOC). Submits informational packet on SB 380, SB 732, SB 886, SB 887, SB 888 (EXHIBIT N). Discusses annexation law. Suggests that an interim committee be created to look at annexation. Talks about methods of annexations.

315

Chair Ringo

Discusses task force. States that a lot of legislators have concerns about what is going on in their districts. Discusses previous testimony that a two year moratorium against forced annexations would kill economic development. Asks if witness believes that is an exaggerated argument.

325

Ludwig

Replies no and explains the different kinds of annexation methods.

335

Chair Ringo

Agrees. Asks witness to explain the harm that would be done by having a two year moratorium against forced annexations.

336

Ludwig

Explains.

365

Ludwig

States that the LOC does not have opposition to SB 886. Offers to work with the committee for amendments on SB 887. States that the LOC has no position on SB 888. Discusses SB 380. States that the LOC has no position on SB 732. Discusses SB 699.

390

Chair Ringo

Discusses bills.

400

Sen. Shields

States for the record that Gene Grant, Mayor of Happy Valley is in support of annexation. States that he is opposed to SB 380, SB 887, SB 732 and SB 699.

The following prepared testimony is submitted for the record without public testimony:

 

Dottie Belknap

Submits written testimony in support of SB 380 (EXHIBIT O).

 

Barton Brierly

Submits written testimony in opposition to SB 886, SB 887, SB 888, SB 380, SB 732 and SB 699 (EXHIBIT P).

 

Holly Shumway

Submits written testimony is support of SB 380 (EXHIBIT Q).

 

Ken Henschel

Submits written testimony in support of SB 380 (EXHIBIT R).

 

Richard Franzke

Submits written testimony in support of SB 380 (EXHIBIT S).

 

Richard Reid

Submits written testimony in opposition to SB 699 (EXHIBIT T). Submits written testimony in opposition to SB 380 (EXHIBIT U). Submits written testimony in support of SB 887 (EXHIBIT V).

 

James Thompson

Submits written testimony in support of SB 380 (EXHIBIT W).

 

Isador Morgavi

Submits written testimony on annexation (EXHIBIT X).

412

Chair Ringo

Closes public hearings on SB 886, SB 887, SB 888, SB 380, SB 732, and SB 699. Adjourns meeting at 5:03 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 380, SB 699, SB 732, SB 886, SB 887, and SB 888, written testimony, Doug Riggs, 3 pp

B.     SB 380, SB 699, SB 732, SB 886, SB 887, and SB 888, written testimony of Mike Morgan, Doug Riggs, 2 pp

C.     SB 380 and SB 888, written testimony, Jack Hoffman, 3 pp

D.    SB 380, SB 887, and SB 888, written testimony, Jack Hoffman, 8 pp

E.     SB 380, SB 699, SB 732, SB 886, SB 887, and SB 888, excerpt, Jack Hoffman, 1 p

F.      SB 732, written testimony, Julia Brim-Edwards, 4 pp

G.    SB 732, -1 amendments, Julia Brim-Edwards, 3 pp

H.    SB 380, SB 699, SB 732, SB 886, and SB 887, written testimony, Janet Taylor, 3 pp

I.       SB 380, written testimony, Jerry Ritter, 2 pp

J.      SB 887, written testimony, Jerry Ritter, 1 p

K.    SB 699, written testimony, Jerry Ritter, 1 p

L.     SB 380, SB 699, SB 732, SB 886, SB 887, and SB 888, written testimony, Steve Bryant, 3 pp

M.  SB 699, written testimony, Mike Hicks, 4 pp

N.    SB 380, SB 732, SB 886, SB 887, and SB 888, informational packet, Linda Ludwig, 16 pp

O.    SB 380, written testimony, Dottie Belknap, 1 p

P.      SB 380, SB 699, SB 732, SB 886, SB 887, and SB 888, written testimony, Barton Brierly, 1 p

Q.    SB 380, written testimony, Holly Shumway, 1 p

R.    SB 380, written testimony, Ken Henschel, 4 pp

S.      SB 380, written testimony, Richard Franzke, 5 pp

T.     SB 699, written testimony, Richard Reid, 1 p

U.     SB 380, written testimony, Richard Reid, 1 p

V.     SB 887, written testimony, Richard Reid, 1 p

W.   SB 380, written testimony, James Thompson, 2 pp

X.     SB 380, SB 699, SB 732, SB 886, SB 887, and SB 888, written testimony, Isador Morgavi, 4 pp