Item 3: Discuss and Approve Non-Unanimous IGR Positions

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abutting public right of way proposed for annexation, and property owners of fee title under right of way to avoid annexation election. Sponsored by: Senator WALKER, Representative C EDWARDS URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0761.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Peggy Keppler Peggy Keppler PWE 3/18/2009 Pri 2 Oppose Comments: This bill could create a significant conflict with the current annexation policies of Eugene. For properties that are not contiguous to other annexed property, street annexations may be the only means to accommodate the annexation request. This bill would enable unaffected owners or tenants to determine whether another property owner can even request annexation approval. Eugene city code requires public notice of proposed annexations to properties within 500 ft of the annexation area, including streets, so city and non-city residents currently have the ability to voice concern. There may be a fear of creating island annexation which would eliminate volutary or elector choice of future annexation. Oregon law no longer allows island annexation without a vote of the electors within proposed annexation area. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom Steve Nystrom PDD-ADM 3/18/2009 Pri 2 Yes YesIV. D4 Oppose Comments: SB 761 would require consent from electors (owners and tenants) of properties not included in an annexation request, but who abut right of way under consideration for annexation. State law currently requires consent only from those that are directly a part of the annexation proposal. This bill would change that fundamental principle by requiring consent from electors who are not a part of the annexation request. The authors of the bill may assume that street annexations will have a direct impact on adjoining properties (who are not currently annexed), including future street assessments. This is not the case. The act of annexing the streets will have no impact on those properties which are not within the city limits. The City can assess properties that are annexed, but can only assess properties outside of the city limits if approved by the County Board. More importantly, this bill could create a significant conflict with the current annexation policies of Eugene. Since Eugene does not have a practice of initiating annexation without consent of those affected properties (although allowed by state law), we rely on voluntary, owner initiated requests. For properties that are not contiguous to other annexed property, street annexations may be the only means to accommodate the annexation request. This bill would enable unaffected owners or tenants to determine whether another property owner can even request annexation approval. Finally, its important to note that city code requires public notice of proposed annexations to properties within 500 ft of the annexation area, including streets, so city and non-city residents currently have the ability to voice concern. Staff therefore, recommends the city oppose this bill. SB 0763 Relating Clause: Relating to transferable development credits Title: Authorizes Department of Land Conservation and Development to implement system for buying and selling transferable development credits to encourage landowners to voluntarily protect resource lands. Sponsored by: Senator SCHRADER, Representative NOLAN; Senators BATES, DEVLIN, DINGFELDER, HASS, MORRISETTE, Representatives CLEM, GARRETT, GREENLICK, ROBLAN URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0763.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation 48